Title I: Appeal to the Court of Cassation

In criminal matters, the Cour de cassation shall order the referral of the trial, namely: – before an investigating chamber other than the one that handed down the indictment, if the quashed judgment emanates from an investigating chamber; – before an assize court other than the one that handed down the judgment, if the judgment is quashed on the grounds of a nullity committed in the assize court ; –…

When the referral has been made to an investigating chamber, the latter shall designate, where appropriate, the trial court within its jurisdiction. However, the Cour de cassation may designate in advance, even in another jurisdiction, the criminal court before which the accused must, if applicable, be transferred. .

In criminal or police matters, if the judgment and proceedings are set aside for lack of jurisdiction, the Cour de cassation refers the case back to the judges who must hear it and designates them. The Cour de cassation may annul only part of the decision where the nullity vitiates only one or some of these provisions.

In all matters, where the interests of public policy or the proper administration of justice so require, the Cour de cassation may order that the annulment it pronounces shall have effect in respect of parties to the proceedings who have not lodged an appeal. A convicted person who has not lodged an appeal and in whose favour the annulment of the conviction has been extended pursuant to the provisions of…

In all cases where the Cour de cassation is authorised to choose a court or tribunal for the judgment of a case referred, such choice may only result from a special deliberation taken immediately in the Council Chamber; express mention thereof shall be made in the judgment. .

A copy of the judgment admitting the application for judicial review and ordering referral to a new court shall be delivered to the public prosecutor at the Cour de cassation within three days. This copy shall be sent, together with the record of the proceedings, to the magistrate responsible for the public prosecutor’s office at the referring court or tribunal. The parties shall be notified of the judgment of the…

Where a judgment or ruling is set aside for breach of the essential procedural requirements prescribed by law, a copy of the decision shall be forwarded to the Minister of Justice.

The judgment which has dismissed the application for judicial review, or has pronounced the judicial review without referral, shall be delivered, within three days, to the Public Prosecutor at the Court of Cassation, by extract signed by the court clerk, which extract shall be sent to the magistrate in charge of the public prosecution at the Court or tribunal which handed down the contested judgment or ruling. It shall be…

Where an application for judicial review has been dismissed, the party who lodged it may no longer appeal to the Court of Cassation against the same judgment or ruling, on any pretext or by any means whatsoever.

Where an application for judicial review lodged by the person prosecuted or by the civil party has been dismissed, the court may order the applicant to pay to the other party the sum it determines, in respect of costs not paid by the State and incurred by the latter. The parties may produce evidence of the sums they claim and the court shall take into account the equity or economic…