Title VI: Transfers from one court to another

In criminal, correctional or police matters, the Criminal Division of the Cour de cassation may relinquish jurisdiction of any investigating or trial court and refer the hearing of the case to another court of the same order on grounds of legitimate suspicion. The motion for referral may be presented either by the public prosecutor at the Cour de cassation, or by the public prosecutor established at the court seised, or…

Where two investigating judges, belonging to the same court or to different courts, are simultaneously seised of related offences or different offences in respect of which the same person or the same persons are under investigation, the public prosecutor may, in the interests of the proper administration of justice and notwithstanding the provisions of the articles 43,52and 382, request one of the judges to relinquish jurisdiction in favour of the…

When an accused person or defendant is being held in custody pursuant to a detention order or in execution of a conviction, the public prosecutor may, in the interests of the proper administration of justice, in particular to avoid the transfer of the detainee, request that the proceedings be transferred from the investigating or trial court to that of the place of detention. This is done in the same way…

The transfer of a case from one court to another may be ordered on grounds of public security by the criminal division, but only at the request of the public prosecutor at the Court of Cassation. Referral may also be ordered, in the interests of the proper administration of justice, by the Criminal Division, either at the request of the Public Prosecutor at the Court of Cassation or at the…

Referral may also be ordered by the Criminal Division if the court normally having jurisdiction cannot be legally composed or if the course of justice is otherwise interrupted. The motion for referral may be presented either by the public prosecutor at the Cour de cassation or by the public prosecutor established at the court seised. The motion must be served on all interested parties, who have a period of ten…

Any judgment which has ruled on an application for referral on one of the aforementioned grounds shall be served on the parties concerned at the instance of the Public Prosecutor at the Cour de cassation.

A judgment which has dismissed an application for committal on grounds of public safety, on the grounds set out in the first paragraph of Article 665-1, on the grounds of legitimate suspicion or in the interests of the proper administration of justice does not preclude a new request for referral based on facts that have occurred since.

If the court normally having jurisdiction cannot be composed because of the existence of the incompatibilities provided for by law, the first president of the court of appeal may order the transfer to the adjoining court situated within the jurisdiction of that court and designated by the order provided for in the last paragraph of this article. The application for transfer shall be made by the public prosecutor of the…