Referral may also be ordered by the Criminal Division if the court normally having jurisdiction cannot be legally composed or if the course of justice is otherwise interrupted.
The motion for referral may be presented either by the public prosecutor at the Cour de cassation or by the public prosecutor established at the court seised.
The motion must be served on all interested parties, who have a period of ten days in which to file a brief with the registry of the Court of Cassation.
The Criminal Division rules within fifteen days of the motion.