Book IV: Some special procedures

Crimes against humanity and war crimes and misdemeanours, as well as related offences, shall be prosecuted, investigated and tried in accordance with the rules of this Code subject to the provisions of this subtitle.

For the prosecution, investigation and trial of offences falling within the scope of article 628, the anti-terrorist public prosecutor, the investigating judge and the Paris assize court exercise concurrent jurisdiction with that resulting from the application of articles 43 et 52. As regards minors, the anti-terrorist public prosecutor, the investigating judge, the juvenile court and the Paris juvenile assize court exercise concurrent jurisdiction with that resulting from the application of…

The public prosecutor at a judicial court other than that of Paris may, for offences falling within the scope of Article 628, request the investigating judge to relinquish jurisdiction in favour of the Paris investigating court. The parties shall be notified in advance and invited to make their observations by the investigating judge; the order shall be made eight days at the earliest and one month at the latest from…

When it appears to the investigating judge in Paris that the acts referred to him do not constitute one of the offences falling within the scope of Article 628 and do not fall within its jurisdiction in any other respect, this magistrate declares that he has no jurisdiction either at the request of the Anti-Terrorism Public Prosecutor or, after receiving the latter’s opinion, of his own motion or at the…

Where the Criminal Court or the Juvenile Court of Paris declares that it does not have jurisdiction on the grounds set out in article 628-3, it shall refer the matter to the Public Prosecutor’s Office to be dealt with as it sees fit; it may, after hearing the Public Prosecutor’s Office, issue a committal or arrest warrant for the accused in the same decision.

In the cases provided for in the articles 628-2 to 628-4, the committal or arrest warrant retains its enforceability; prosecution or investigative acts and formalities carried out before the decision to relinquish jurisdiction or competence became final do not have to be renewed.

Any order made on the basis of articles 628-2 or 628-3 by which an examining magistrate decides whether or not to relinquish jurisdiction or the Paris examining magistrate decides whether or not he has jurisdiction may, to the exclusion of any other remedy, be referred within five days of notification, at the request of the Public Prosecutor or the parties, to the Criminal Division of the Cour de Cassation, which…

As an exception to Article 712-10, only the Sentence Enforcement Judge of the Paris Judicial Court has jurisdiction, the tribunal de l’application des peines de Paris and the chambre de l’application des peines de la cour d’appel de Paris to take decisions concerning persons convicted of an offence falling within the scope of Article 628, regardless of the place of detention or residence of the convicted person. These decisions are…

Chapter II of Title XXV of this Book IV, with the exception of Articles 706-88-1 and 706-88-2, shall apply to the investigation, prosecution and trial of crimes falling within the scope of l’article 628. For the application of the sixth paragraph of Article 706-88, the intervention of the lawyer may be deferred for a maximum period of seventy-two hours.