Revision of a final criminal judgment may be requested for the benefit of any person convicted of a felony or misdemeanour where, after conviction, a new fact occurs or a factor unknown to the court on the day of the trial comes to light of such a nature as to establish the innocence of the convicted person or to give rise to doubt as to his guilt.
A review of a final criminal judgment may be requested for the benefit of any person convicted of an offence where it follows from a judgment of the European Court of Human Rights that the conviction was handed down in violation of the European Convention for the Protection of Human Rights and Fundamental Freedoms or its additional protocols, where, by its nature and gravity, the violation found entails harmful consequences…
Revision and review may be requested: 1° By the Minister of Justice; 2° By the public prosecutor at the Cour de cassation; 3° By the convicted person or, in the event of incapacity, by his legal representative; 4° After the death or declared absence of the convicted person, by his spouse, the partner linked by a civil solidarity pact, his cohabitee, his children, his parents, his grandchildren or great-grandchildren, or…
The application for revision or reconsideration is submitted to the Court of Revision and Reconsideration. This court is made up of eighteen magistrates from the Cour de cassation, including the president of the criminal chamber, who presides over the court of revision and reconsideration. The other seventeen magistrates are appointed, by the general assembly of the Cour de cassation, for a term of three years, renewable once. Each of the…
The Court of Revision and Reconsideration appoints from among its members, for a period of three years, renewable once, five permanent magistrates and five substitute magistrates who make up the committee investigating applications for revision and reconsideration. The committee appoints a chairman from among its members. The judges who sit on the investigating committee and their alternates may not sit on the judgment panel of the Court of Revision and…
The application for review or the application for reconsideration shall be submitted to the commission for the examination of applications for review and reconsideration, which shall rule on its admissibility. Where the application is manifestly inadmissible, the chairman of the commission or his delegate may reject it by a reasoned order that is not subject to appeal. The Commission may order the performance of additional information entrusted to one or…
When an application for reconsideration is referred to the commission d’instruction des demandes en révision et en réexamen, its chairman shall rule by order. It shall refer to the judgment formation of the Court of Revision and Reconsideration applications made within the time limit mentioned in article 622-1 for which it finds that there has been a judgment of the European Court of Human Rights establishing a breach of the…
When an application for review is referred to the committee investigating applications for review and reconsideration pursuant to Article 622, it shall take into account all new facts or unknown elements on which one or more applications previously submitted may have been based and shall refer to the judgment formation of the Court of Revision and Reconsideration applications for which it considers that a new fact has occurred or that…
If the bench of the Court of Revision and Reconsideration considers that the case is not ready for hearing, it shall order that additional information be provided by one or more of its members for the purpose of carrying out, directly or by means of a letter rogatory, in the manner provided for in this Code, any act of information that may be useful in examining the application, with the…
For the purposes of this Title, the applicant shall be represented in the proceedings and assisted during the hearings by a lawyer chosen by him or, at his request, appointed by the court. If the application for review or reconsideration has not been declared manifestly inadmissible pursuant to the second paragraph of Article 624 and the applicant does not have a lawyer, the chairman of the investigating committee shall appoint…
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
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
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
Resources
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
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.
