Title III: Investigating courts

As soon as the application is received, the clerk’s office of the court of appeal shall request from the clerk’s office of the court which handed down the decision to dismiss, acquit or acquit the case the file of the criminal proceedings or, if those proceedings are still pending in respect of persons other than the applicant, the copy of the file. Within fifteen days of receipt of this file,…

The applicant may have copies of the documents from the criminal proceedings delivered to him free of charge. Only his lawyer may take a copy of the file from the registry of the court of appeal.

The judicial agent of the State may inspect the file of the criminal proceedings at the registry of the court of appeal. A copy of the documents will be issued to him/her free of charge at his/her request.

The judicial agent of the State shall file his submissions with the registry of the court of appeal within two months of receipt of the registered letter provided for in Article R. 28. The clerk’s office of the court of appeal notifies the applicant by registered letter with acknowledgement of receipt, within fifteen days of their filing, of the conclusions of the judicial agent of the State.

Once the judicial agent of the State has filed his submissions or on expiry of the period provided for in the preceding article, the registry of the court of appeal shall transmit the file to the public prosecutor. The public prosecutor shall file his submissions within two months. The clerk’s office of the court of appeal shall notify the applicant by registered letter with acknowledgement of receipt, within fifteen days…

Within a period of one month from the notification provided for in the last paragraph of the preceding article, the applicant shall deliver against receipt or send by registered letter with acknowledgement of receipt to the registry of the court of appeal his observations in response, which shall be communicated to the judicial agent of the State and to the public prosecutor within a period of fifteen days. The submissions…

The First President of the Court of Appeal shall carry out or cause to be carried out all useful investigative measures. He may, if he deems it necessary, hear the applicant, in the presence of his lawyer or the latter duly summoned, and in the presence of the judicial agent of the State and the public prosecutor or the latter duly summoned.

Where it is clear that the applicant either does not meet the condition of having been remanded in custody during proceedings that have ended in his or her favour with a decision to dismiss, acquit or acquit that has become final, or has lodged his or her application after the expiry of the six-month period provided for in Article 149-2, the first president of the court of appeal may, after…

On the day of the hearing, the applicant or his lawyer, then the judicial agent of the State or his lawyer are heard in their observations. The public prosecutor develops his conclusions. The parties may then reply, the applicant or his lawyer having the last word.