Where appearance has not been requested or has not been authorised, the evidence shall be received in writing at the witness’s residence, by the first president of the court of appeal or, if the witness resides outside the chief town of the court, by the president of the judicial tribunal of his residence. To this end, a statement of the facts and a list of the claims and issues on…
The statement thus received shall be immediately delivered to the registry or sent, closed and sealed, to that of the requesting court and communicated, without delay, to the public prosecutor and to the interested parties. In the assize court, it shall be read publicly and submitted to the debates.
The written deposition of a representative of a foreign power is requested through the Minister of Foreign Affairs. If the request is granted, this deposition is received by the first president of the court of appeal or by the magistrate delegated by him. It is then carried out in the manner provided for in the articles 654, paragraph 2, and 655.
When the testimony of an agent of a service mentioned in article L. 811-2of the Internal Security Code or of a service designated by the decree in Council of State provided for in article L. 811-4 of the same code or a person mentioned in article 413-14 of the Criminal Code is requested during legal proceedings about facts of which he or she may have become aware during a mission…
The judicial authority may take the testimony of experts from international organisations or use a report drawn up by them as a body of evidence to establish the material element of the offence or as elements to help establish the truth. The request for testimony is forwarded by the Minister of Foreign Affairs.
When two investigating judges, belonging to the same court or to different courts, are simultaneously seised of the same offence, the public prosecutor may, in the interests of the proper administration of justice, request one of the judges to relinquish jurisdiction in favour of the other. The court may only relinquish jurisdiction if both judges agree. If the conflict of jurisdiction persists, the procedure shall be carried out, depending on…
When two correctional courts, two investigating judges or two police courts belonging to the same jurisdiction of the court of appeal are seised simultaneously of the same offence, the judges shall be settled by the investigating chamber, which shall rule on a request submitted by the public prosecutor or the parties. This decision may be appealed to the Supreme Court.
All other conflicts of jurisdiction are referred to the Criminal Division of the Cour de cassation, which is seised by application of the public prosecutor or the parties. The Cour de cassation may also, on the occasion of an appeal brought before it, rule on judges of its own motion and even in advance. It may rule on all acts performed by the court to which it relinquishes jurisdiction.
The Criminal Division may, before ruling on the case, order that the application be communicated to the parties. In this case, the pleadings shall be transmitted to it, within the time limit set by it, together with the observations of the interested parties, and the course of the proceedings shall be suspended.
The parties concerned shall be served with the judgment settling the dispute. The latter may, except in the case where communication of the application has been ordered, lodge an opposition to this judgment, by deed received at the registry of the place where one of the conflicting courts sits, in the forms and time limits for an appeal in cassation. The opposition shall have suspensive effect if the criminal chamber…
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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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