Title V: Judges' rules

When two investigating judges, belonging to the same court or to different courts, are simultaneously seised of the same offence, the public prosecutor may, in the interests of the proper administration of justice, request one of the judges to relinquish jurisdiction in favour of the other. The court may only relinquish jurisdiction if both judges agree. If the conflict of jurisdiction persists, the procedure shall be carried out, depending on…

When two correctional courts, two investigating judges or two police courts belonging to the same jurisdiction of the court of appeal are seised simultaneously of the same offence, the judges shall be settled by the investigating chamber, which shall rule on a request submitted by the public prosecutor or the parties. This decision may be appealed to the Supreme Court.

All other conflicts of jurisdiction are referred to the Criminal Division of the Cour de cassation, which is seised by application of the public prosecutor or the parties. The Cour de cassation may also, on the occasion of an appeal brought before it, rule on judges of its own motion and even in advance. It may rule on all acts performed by the court to which it relinquishes jurisdiction.

The Criminal Division may, before ruling on the case, order that the application be communicated to the parties. In this case, the pleadings shall be transmitted to it, within the time limit set by it, together with the observations of the interested parties, and the course of the proceedings shall be suspended.

The parties concerned shall be served with the judgment settling the dispute. The latter may, except in the case where communication of the application has been ordered, lodge an opposition to this judgment, by deed received at the registry of the place where one of the conflicting courts sits, in the forms and time limits for an appeal in cassation. The opposition shall have suspensive effect if the criminal chamber…