Title XXII: Referral to the Cour de cassation for an opinion

The criminal courts, with the exception of the investigating courts and the assize court, may request the opinion of the Cour de cassation pursuant to Article L. 151-1 of the Code of Judicial Organisation. However, no request for an opinion may be submitted when, in the case concerned, a person is remanded in custody, under house arrest with electronic surveillance or under judicial supervision. .

When the judge intends to request the opinion of the Cour de cassation pursuant to article L. 151-1 du code de l’organisation judiciaire, it notifies the parties and the public prosecutor. It shall receive any written observations from the parties and the conclusions of the public prosecutor within the time limit it shall set, unless these observations or conclusions have already been communicated. On receipt of the observations and submissions…

The decision requesting the opinion is sent, together with the conclusions and any written observations, by the court registrar to the registry of the Cour de cassation. It is notified, together with the date of transmission of the file, to the parties by registered letter with acknowledgement of receipt. The public prosecutor at the court is notified as well as the first president of the court of appeal and the…

The Court of Cassation shall give its opinion within three months of receipt of the file.

The case is communicated to the public prosecutor at the Court of Cassation. The latter is informed of the date of the sitting.

The notice may mention that it will be published in the Official Journal of the French Republic.

The notice shall be sent to the court that requested it, to the public prosecutor at that court, to the first president of the court of appeal and to the public prosecutor where the request does not originate from the court. It shall be notified to the parties by the registry of the Cour de cassation.