For the application of article 416 in the territory of French Polynesia and in New Caledonia, where it appears materially impossible for a lawyer to travel, the accused may choose as counsel a person who has not been the subject of any conviction, incapacity or disqualification mentioned in bulletin no. 2 of the criminal record. A person who is being prosecuted for the same acts or for related acts may…
The second paragraph of Article 470-1 reads as follows: “However, where it appears that liable third parties must be implicated, the court shall refer the case, by a decision not subject to appeal, to the competent civil court. “
For the application of article 474 in New Caledonia, where the sentenced person is a minor, the service responsible for the judicial protection of children shall exercise the functions devolved to the prison integration and probation service.
The time limits for opposition provided for in Article 491 and in the first paragraph of article 492 are ten days if the accused resides on the island where the court sits and one month if he resides outside that island.
The additional period provided for in Article 500 is extended to fifteen days for parties residing outside the island where the court that handed down the contested decision has its seat.
If the appellant resides outside the island where the court which gave the contested decision has its seat, the statement of appeal provided for in Article 502 may be sent to the court registrar by letter signed by the appellant. As soon as this letter is received, the court clerk draws up the notice of appeal and attaches the appellant’s letter to it. Within the period provided for in the…
In Nouméa, Mata-Utu and Papeete, the police court is constituted by a judge of the court of first instance, an officer of the public prosecutor’s office as set out in articles 45 to 48,810 and 811, and a court clerk. In the sections of the court of first instance and at mobile court hearings, the court is constituted by the judge responsible for the service of the section or the…
For the application of Article 527, the time limit for lodging an objection, as set out in the third paragraph of this article, is extended to two months if the defendant resides outside the island where the court that handed down the contested decision has its seat.
The first paragraph of Article 529 reads as follows: “For contraventions of locally applicable regulations on road traffic, insurance, hunting, fishing, environmental protection, consumer law, safety at sea, regulations on pubs or manifest public drunkenness and ecobuage, which are punishable only by a fine, the public prosecution is extinguished by the payment of a fixed fine which is exclusive of the application of the rules on repeat offences. “ In…
In New Caledonia, infringements of the first four classes of the police regulations governing public road passenger transport services, laid down by local regulations, are recorded in official reports drawn up concurrently by sworn officials of New Caledonia, the provinces and communes and public service delegatees. These officials are commissioned by the competent administrative authority or by the public service delegatee. After being approved by the public prosecutor, they take…
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is a Registered Trademark of
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75001, Paris France
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Paris Bar Registration n° (Toque) C2396
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