Article R40 of the French Code of Criminal Procedure
November 6, 2023
Decisions of the first president of the court of appeal awarding compensation shall be subject to provisional execution as of right.
Decisions of the first president of the court of appeal awarding compensation shall be subject to provisional execution as of right.
Payment to the claimant of the compensation or advance shall be made by the departments of the Ministerial Budgetary and Accounting Controller at the Ministry of Justice.
If the application is dismissed, the applicant shall be ordered to pay the costs, unless the first president of the court of appeal discharges the applicant in part or in full. The decision of the first president entails compulsory execution for the payment of the costs.
When the appeal provided for in the first paragraph of Article 149-3 is not exercised, the file of the criminal proceedings shall be returned, with a copy of the decision, to the court that issued the decision to dismiss, acquit or discharge.
The decisions of the first president of the court of appeal may be appealed to the National Commission for Compensation for Detentions by: 1° The applicant; 2° The judicial agent of the State; 3° The public prosecutor at the court of appeal. Four copies of the statement of appeal shall be submitted to the registry of the court of appeal. Submission shall be recorded by the registry, which shall mention…
Before the national commission, the applicant and the judicial agent of the State may be assisted or represented by a lawyer at the Conseil d’Etat and the Cour de cassation or by a lawyer registered at the bar of a court of appeal or a judicial court. The provisions of the second paragraph of Article R. 27 are applicable.
The file on the reparation proceedings, together with the statement of appeal and the file on the criminal proceedings, shall be transmitted without delay by the registry of the court of appeal to the secretariat of the national commission. The duties of secretary and registrar of the commission shall be performed by a registrar of the Cour de cassation.
If this has not already been requested during the proceedings before the first president of the court of appeal, the applicant and the judicial agent of the State may have copies of the criminal proceedings delivered to them free of charge. Only their lawyers may obtain a copy of the file from the Commission’s secretariat. .
When the appellant is one of the persons listed in 1° and 2° of Article R. 40-4, the secretary of the commission shall ask the latter, within fifteen days of receiving the file and by registered letter with acknowledgement of receipt, to send its conclusions within one month. .
On receipt of the conclusions referred to in the previous article, the secretary of the commission shall send a copy to the public prosecutor at the Cour de cassation and, by registered letter with acknowledgement of receipt, to the person listed in 1° and 2° of Article R. 40-4 who is not the author of the appeal. This person has a period of two months from receipt of the registered…
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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