Title II: Trial of offences

If the judgment is reversed because the court considers that there is no crime, misdemeanour or contravention, or that the fact is not established or is not attributable to the accused, it shall dismiss the accused from the prosecution. In this case, if the acquitted accused claims damages, under the conditions provided for in article 472, he shall bring his claim directly before the Court of Appeal.

If the judgment is reversed because the court considers that the defendant benefits from a legal cause for exemption from punishment, it shall comply with the provisions of Article 468.

If the judgment is set aside because the court considers that the act constitutes only a contravention, it will impose the penalty and rule, if appropriate, on the civil action.

If the judgment is set aside because the court considers that the fact is of such a nature as to entail a criminal penalty, the court of appeal shall declare itself incompetent. It shall refer the Public Prosecutor’s Office back to appeal as it sees fit. It may, after hearing the Public Prosecutor’s Office, issue a committal or arrest warrant against the accused by the same decision. .

If the judgment is set aside for violation or unremedied omission of forms prescribed by law on pain of nullity, the court shall evoke and rule on the merits. .

In the event of an appeal against an order made pursuant to article 495-11, the court shall hear the case and rule on the merits without being able to impose a more severe sentence than that approved by the president of the court or the judge delegated by him, unless an appeal is lodged by the public prosecutor.