1In its final decision the court may give to the fact a different definition from that given by the prosecutor or the accusing victim, provided that the criminal offence is under its competence.
2When at the end of the judicial trial, the court deems that the fact of which the defendant is accused may have a judicial qualification that is more severe from the one made by the prosecutor or the accusing victim, the court shall notify the parties on this probability and provide them sufficient time for defense. The parties are entitled to submit new evidence.
3When trial is held in the absence of the defendant, pursuant to article 352 of this Code, the court implements the rules provided for by paragraphs 1 and 2 therein.
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