Section 6: Default judgment and opposition

The judgment by default is null and void in all its provisions, if the accused lodges an opposition to its execution. He may, however, limit this opposition to the civil provisions of the judgment. .

The opposition is brought to the attention of the public prosecutor, who is responsible for notifying the civil party by registered letter with acknowledgement of receipt. .

Where the objector is a prisoner, the objection may be made by means of a declaration to the head of the prison. This declaration shall be recorded, dated and signed by the head of the prison. It is also signed by the applicant. If the latter is unable to sign, this is noted by the head of the establishment. This document is sent without delay, in original or copy and…

If the judgment has been served on the defendant, the objection must be lodged within the following time limits, which run from the date of service: ten days if the defendant resides in metropolitan France, one month if he resides outside this territory. .

If service of the judgment has not been made on the person of the accused, the objection must be lodged within the following time limits, which run from service of the judgment made at the domicile, bailiff’s office or public prosecutor’s office: ten days if the accused resides in metropolitan France, one month if he resides outside this territory. However, if the judgment is one of conviction and if it…

The person civilly liable and the civil party may lodge an objection to any default judgment against them, within the time limits set out in Article 491, which run from service of the judgment, however it is served.

In the absence of opposition, the property confiscated by default becomes the property of the State on expiry of the period of prescription of the sentence.