Where a felony or misdemeanour allegedly committed in the course of criminal proceedings or proceedings before a court involves the violation of a rule of procedure, public action may only be brought if the unlawful nature of the proceedings, the decision taken or the act performed on that occasion has been established by a decision that has become final of the criminal court seised or in application of the remedies provided by law or regulation. The limitation period for public prosecution runs from the date of this decision.
This article applies in particular in the event of prosecution on the basis of the Article 432-12-1 of the Penal Code.