Chapter I: Decisions that may be challenged and conditions of appeal

Rulings by the Investigating Chamber and final rulings and judgments in criminal, correctional and police matters may be set aside in the event of a breach of the law on appeal to the Court of Cassation by the Public Prosecutor or by the party adversely affected, in accordance with the distinctions that will be established. The appeal shall be brought before the Criminal Division of the Court of Cassation. .

If the President of the Criminal Division finds that an appeal has been lodged against a decision that is not subject to appeal, he shall make an order not to admit the appeal. His decision is not subject to appeal.

When the solution of a case submitted to the Criminal Division appears to be imperative, the First President or the President of the Criminal Division may decide to have the case heard by a panel of three judges. This panel may defer consideration of the case to the hearing of the chamber at the request of one of the parties; deferral is automatic if one of the judges making up…

The Criminal Division hearing an appeal against a judgment of the Investigating Division or the Criminal Division of the Court of Appeal handed down in respect of pre-trial detention must rule within three months of receipt of the case file at the Court of Cassation, failing which the person under investigation is automatically released. The applicant for judicial review or his lawyer must, on pain of forfeiture, file his brief…

The public prosecutor and all parties have five clear days after the day on which the contested decision was handed down to lodge an appeal to the Supreme Court. However, the time limit for lodging an appeal only runs from the service of the judgment, regardless of the method of service: 1° For the party who, after adversarial proceedings, was not present or represented at the hearing at which the…

Where the contested decision is a judgment of an investigating chamber, ruling under the conditions set out in the fourth paragraph of Article 695-31 or the fourth paragraph of Article 695-46, the time limit for appeal mentioned in the first paragraph of Article 568 is reduced to three clear days. The case file shall be sent, by any means enabling a written record to be kept, to the registry of…

During the time limits for the appeal in cassation and, if there has been an appeal, until the judgment of the Court of Cassation has been delivered, the execution of the judgment of the Court of Appeal shall be stayed, except in respect of civil sentences, and unless the Court of Appeal confirms the warrant issued by the court pursuant to Article 464-1 or article 465, first paragraph, or does…

Where the court or the court of appeal rules by judgment or ruling separate from the judgment on the merits, the appeal in cassation is immediately admissible if this decision puts an end to the proceedings. If the President of the Criminal Division finds that a decision has been wrongly considered by the interested party as putting an end to the proceedings, he shall assess whether the appeal should nevertheless…

The court clerk shall notify the president of the court or the first president of the court of appeal of the filing of the application. The judgment or ruling is not enforceable and no decision may be made on the merits until a ruling has been made on the said application. As soon as the Registrar has received the appeal and the application, he shall forward the latter to the…

The withdrawal of the appeal is recorded by order of the President of the Criminal Division.