Book III: Extraordinary remedies

Judgments of acquittal handed down by the assize court may be appealed only in the interests of the law, and without prejudice to the acquitted party.

However, judgments handed down by the assize court either after acquittal under the conditions provided for by Article 371, or after acquittal or exemption from punishment under the conditions set out in Article 372. The same applies to judgments ruling on restitutions, as stated in article 373.

The decision of the investigating chamber to refer the accused to the criminal court or police court may only be challenged before the Cour de cassation where it rules, of its own motion or on a plea by the parties, on jurisdiction or where it sets out final provisions which the court, hearing the pre-trial proceedings, does not have the power to amend.

The Criminal Division hearing an appeal against the judgment committing the offender to trial or ordering that the offender be referred to the Criminal Court must rule within three months of receipt of the case file at the Cour de cassation. The applicant for judicial review or his lawyer must, on pain of forfeiture, file his brief setting out the grounds for judicial review within one month of receipt of…

The Criminal Division of the Court of Cassation hearing an appeal against a judgment referred to in Article 568-1 shall rule within forty days of the date of the appeal. The applicant for judicial review or his lawyer must, on pain of forfeiture, file his statement of case setting out the grounds for judicial review within five days of receipt of the case file at the Cour de cassation. The…