In the event of a state of siege or declared state of emergency, a decree in the Council of Ministers, made on the report of the Keeper of the Seals, Minister of Justice, and the Minister responsible for Defence, may establish territorial courts of the armed forces under the conditions provided for by the code of military justice. The jurisdiction of these courts results from the provisions of the code…
In wartime, crimes and offences against the fundamental interests of the Nation and related offences are investigated and tried by the armed forces courts as set out in the code of military justice. However, the Public Prosecutor shall have the authority to perform or cause to be performed acts required by the urgency and to request for this purpose the investigating judge at his seat. The provisions of articles 698-1…
In peacetime, crimes and offences against the fundamental interests of the Nation shall be investigated and tried by the ordinary courts and according to the rules of this Code. When the acts prosecuted constitute a crime or an offence provided for and punished by articles 411-1 to 411-11 and 413-1 to 413-12 of the Criminal Code or a related offence, jurisdiction is vested in the courts provided for and organised…
Any person subject to a prohibition, disqualification or incapacity or to a publication measure of any kind resulting ipso jure from a criminal conviction or pronounced in the judgment of conviction as an additional penalty may apply to the court that pronounced the conviction or, in the event of multiple convictions, to the last court that ruled, to relieve him or her, in whole or in part, including as regards…
Any application by a convicted person to be relieved of a prohibition, disqualification, incapacity or publication measure, made pursuant to the provisions of the first paragraph of Article 702-1 specifies the date of the conviction and the places where the applicant has resided since his or her conviction or release. It is sent, depending on the case, to the public prosecutor or the public prosecutor who obtains all relevant information,…
In cases which are or would appear to be of great complexity, due in particular to the large number of perpetrators, accomplices or victims or the geographical jurisdiction over which they extend, the territorial jurisdiction of a judicial court may be extended to the jurisdiction of several courts of appeal for the investigation, prosecution, investigation and, if the offences are misdemeanours, the trial of the following offences: 1° Offences provided…
For the prosecution, investigation and, in the case of misdemeanours, trial of the offences provided for in Article 704 and related offences, the public prosecutor, the investigating judge and the specialised criminal court of the judicial tribunal referred to in the same article have concurrent jurisdiction with that resulting from the application of articles 43,52,382and 706-42. Where they have jurisdiction to prosecute and investigate offences falling within the scope of…
The public prosecutor at a judicial court other than those referred to in Article 704 may, for the offences listed in this article, request the investigating judge to relinquish jurisdiction in favour of one or more of the investigating courts with jurisdiction pursuant to this article. The parties shall be notified in advance and invited to make their observations by the investigating judge; the order shall be made eight days…
The order made pursuant to Article 704-2 may, to the exclusion of all other means of appeal, be referred within five days of its notification, at the request of the Public Prosecutor or the parties, either to the investigating chamber if the specialised court to which the relinquishment of jurisdiction has been ordered or refused is within the jurisdiction of the same court of appeal as the court initially seised,…
The Public Prosecutor at the Court of Appeal, within whose jurisdiction a court with jurisdiction under Article 704 is located, shall lead and coordinate, in consultation with the other Public Prosecutors in the inter-regional jurisdiction, the conduct of public action policy for the application of that Article.
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is a Registered Trademark of
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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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