Reports are made at the hearing. The parties’ lawyers are heard in their observations after the report, if applicable. The public prosecutor presents his closing arguments.
In the deliberations of the court, opinions are collected by the president, following the order of appointment, beginning with the most senior councillor. The rapporteur always opines first and the president last.
The judgments of the Court of Cassation in criminal cases shall mention the names of the president, the rapporteur, the other judges who delivered them, the Advocate General and the lawyers who appeared in the proceedings and, in addition, the surnames, forenames, occupations and domiciles of the parties and the pleas put forward.
The Court of Cassation, in any criminal, correctional or police case, may rule on the appeal immediately after the expiry of a period of ten days from receipt of the case file. It must rule as a matter of urgency and as a matter of priority and, in any event, before the expiry of a period of three months from receipt of the case file when the appeal is lodged…
The Cour de cassation, before ruling on the merits, investigates whether the appeal has been properly lodged. If it considers that the legal conditions have not been met, it issues, depending on the case, a ruling of inadmissibility, or a ruling of forfeiture.
The Court of Cassation shall dismiss the case if the appeal has become moot.
Where the appeal is admissible, the Cour de cassation, if it considers it to be ill-founded, shall give a judgment dismissing it.
Unless otherwise decided by the Cour de cassation, a judgment recording the withdrawal of a party shall be registered free of charge.
When the Cour de cassation quashes a judgment or ruling handed down in a criminal or police matter, it shall refer the proceedings and the parties back to a court of the same order and degree as the one that handed down the quashed decision.
Where the Cour de cassation quashes a judgment of an investigating chamber ruling on an appeal against a settlement order, it remits the trial and the parties to another investigating chamber which becomes competent to continue the proceedings as a whole. Where the Cour de cassation quashes a judgment of an investigating chamber other than those referred to in the preceding paragraph, the jurisdiction of the referring investigating chamber is…
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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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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