Where, after cassation of a first judgment or ruling given at last instance, the second judgment or ruling given in the same case, between the same parties, proceeding in the same capacity, is challenged on the same grounds, the case shall be brought before the full court in the forms provided for by the Articles L. 431-6 to L. 431-10 of the Code de l’organisation judiciaire.
When, on the formal order given to him by the Minister of Justice, the Public Prosecutor at the Court of Cassation denounces to the Criminal Division judicial acts, rulings or judgments that are contrary to the law, such acts, rulings or judgments may be annulled.
Where a court of appeal, assize court, criminal court or police court has handed down a final judgment or ruling which is subject to cassation and against which none of the parties has nevertheless lodged an appeal within the specified time limit, the public prosecutor at the Cour de cassation may, of his own motion and notwithstanding the expiry of the time limit, lodge an appeal against the said judgment…
Revision of a final criminal judgment may be requested for the benefit of any person convicted of a felony or misdemeanour where, after conviction, a new fact occurs or a factor unknown to the court on the day of the trial comes to light of such a nature as to establish the innocence of the convicted person or to give rise to doubt as to his guilt.
A review of a final criminal judgment may be requested for the benefit of any person convicted of an offence where it follows from a judgment of the European Court of Human Rights that the conviction was handed down in violation of the European Convention for the Protection of Human Rights and Fundamental Freedoms or its additional protocols, where, by its nature and gravity, the violation found entails harmful consequences…
Revision and review may be requested: 1° By the Minister of Justice; 2° By the public prosecutor at the Cour de cassation; 3° By the convicted person or, in the event of incapacity, by his legal representative; 4° After the death or declared absence of the convicted person, by his spouse, the partner linked by a civil solidarity pact, his cohabitee, his children, his parents, his grandchildren or great-grandchildren, or…
The application for revision or reconsideration is submitted to the Court of Revision and Reconsideration. This court is made up of eighteen magistrates from the Cour de cassation, including the president of the criminal chamber, who presides over the court of revision and reconsideration. The other seventeen magistrates are appointed, by the general assembly of the Cour de cassation, for a term of three years, renewable once. Each of the…
The Court of Revision and Reconsideration appoints from among its members, for a period of three years, renewable once, five permanent magistrates and five substitute magistrates who make up the committee investigating applications for revision and reconsideration. The committee appoints a chairman from among its members. The judges who sit on the investigating committee and their alternates may not sit on the judgment panel of the Court of Revision and…
The application for review or the application for reconsideration shall be submitted to the commission for the examination of applications for review and reconsideration, which shall rule on its admissibility. Where the application is manifestly inadmissible, the chairman of the commission or his delegate may reject it by a reasoned order that is not subject to appeal. The Commission may order the performance of additional information entrusted to one or…
When an application for reconsideration is referred to the commission d’instruction des demandes en révision et en réexamen, its chairman shall rule by order. It shall refer to the judgment formation of the Court of Revision and Reconsideration applications made within the time limit mentioned in article 622-1 for which it finds that there has been a judgment of the European Court of Human Rights establishing a breach of the…
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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