Book IV: Some special procedures

In accordance with the provisions of Article 23-1 of Order no. 58-1067 of 7 November 1958 on the Organic Law on the Constitutional Council, the party who argues, in support of an application made under the rules of this Code before an investigating court, court that a legislative provision infringes the rights and freedoms guaranteed by the Constitution must, on pain of inadmissibility, present this argument in a separate written…

During the criminal investigation, the plea that a legislative provision infringes the rights and freedoms guaranteed by the Constitution is presented, in support of an application, in a separate written document stating the reasons, which is lodged at the registry of the investigating chamber and which is stamped by the registrar indicating the day on which it was lodged. This document may also be filed with the registry of the…

Where a plea alleging that a legislative provision infringes the rights and freedoms guaranteed by the Constitution is submitted by the accused before the president of the investigating chamber hearing the case in accordance with the provisions of article 187-1 on the occasion of an appeal against an order for remand in custody, it shall be examined by this judge. However, the latter may refer the matter to the Examining…

When the plea that a legislative provision infringes the rights and freedoms guaranteed by the Constitution is raised by a detainee, in support of a request that may be made by handing it to the head of the prison, the separate written statement of reasons may also be handed to the head of the prison. This document is stamped by the prison governor, indicating the day on which it was…

The court shall rule without delay, in accordance with the rules of procedure applicable to it, on the referral of the priority question of constitutionality, after the public prosecutor and the parties, having been heard or called, have presented their observations on the priority question of constitutionality. The court may, however, rule without taking the observations of the public prosecutor and the parties if it is clear from the separate…

The court is not obliged to refer a priority question of constitutionality challenging, on the same grounds, a legislative provision already before the Cour de cassation or the Conseil constitutionnel. If the question is not referred on this ground, the court shall defer ruling on the merits until it has been informed of the decision of the Cour de cassation or, as the case may be, of the Constitutional Council.

Refusal to refer the question relieves the court of jurisdiction of the plea in law based on the priority question of constitutionality. However, where this refusal was based exclusively on the finding that the contested legislative provision was not applicable to the proceedings in question or did not constitute the basis for the prosecution, the court may, if it intends to apply this provision when examining the case, retract this…

The court registry shall notify the parties and the public prosecutor by any means and without delay of the decision ruling on the transfer of the priority question of constitutionality to the Cour de cassation. In the event of a decision to refer, the notice to the parties shall state that no appeal lies against the decision and that the parties who intend to submit observations before the Cour de…

When it is raised for the first time in the appeal proceedings, the plea that a legislative provision infringes the rights and freedoms guaranteed by the Constitution shall be presented in a separate written statement setting out the reasons on which it is based. Where the decision refusing to refer the priority question of constitutionality is challenged in an appeal against the decision that ruled on the request in the…