Chapter V: Judgments of the Cour de cassation

The Cour de cassation, before ruling on the merits, investigates whether the appeal has been properly lodged. If it considers that the legal conditions have not been met, it issues, depending on the case, a ruling of inadmissibility, or a ruling of forfeiture.

The Court of Cassation shall dismiss the case if the appeal has become moot.

Where the appeal is admissible, the Cour de cassation, if it considers it to be ill-founded, shall give a judgment dismissing it.

Unless otherwise decided by the Cour de cassation, a judgment recording the withdrawal of a party shall be registered free of charge.

When the Cour de cassation quashes a judgment or ruling handed down in a criminal or police matter, it shall refer the proceedings and the parties back to a court of the same order and degree as the one that handed down the quashed decision.

Where the Cour de cassation quashes a judgment of an investigating chamber ruling on an appeal against a settlement order, it remits the trial and the parties to another investigating chamber which becomes competent to continue the proceedings as a whole. Where the Cour de cassation quashes a judgment of an investigating chamber other than those referred to in the preceding paragraph, the jurisdiction of the referring investigating chamber is…

In criminal matters, the Cour de cassation shall order the referral of the trial, namely: – before an investigating chamber other than the one that handed down the indictment, if the quashed judgment emanates from an investigating chamber; – before an assize court other than the one that handed down the judgment, if the judgment is quashed on the grounds of a nullity committed in the assize court ; –…

When the referral has been made to an investigating chamber, the latter shall designate, where appropriate, the trial court within its jurisdiction. However, the Cour de cassation may designate in advance, even in another jurisdiction, the criminal court before which the accused must, if applicable, be transferred. .

In criminal or police matters, if the judgment and proceedings are set aside for lack of jurisdiction, the Cour de cassation refers the case back to the judges who must hear it and designates them. The Cour de cassation may annul only part of the decision where the nullity vitiates only one or some of these provisions.

In all matters, where the interests of public policy or the proper administration of justice so require, the Cour de cassation may order that the annulment it pronounces shall have effect in respect of parties to the proceedings who have not lodged an appeal. A convicted person who has not lodged an appeal and in whose favour the annulment of the conviction has been extended pursuant to the provisions of…