Article 496 of the French Code of Criminal Procedure
Criminal judgments may be appealed. Appeals are lodged with the Court of Appeal.
Home | French Legislation Articles | French Code of Criminal Procedure | Legislative part | Book II: Trial Courts | Title II: Trial of offences | Chapter II: Criminal Court of Appeal | Section 1: Exercise of the right of appeal
Criminal judgments may be appealed. Appeals are lodged with the Court of Appeal.
The right to appeal belongs: 1° To the accused; 2° To the person civilly liable as regards civil interests only; 3° To the civil party, as regards his civil interests only; 4° To the public prosecutor; 5° To the public authorities, in cases where they are exercising the public prosecution; 6° To the public prosecutor at the court of appeal;
Without prejudice to Article 505, the appeal shall be lodged within ten days of the delivery of the contradictory judgment. However, the time limit for 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 where the judgment was delivered, but only in the event that he or his…
For a judgment sentencing a person to a fixed term of imprisonment or a term of imprisonment suspended in part, handed down under the conditions provided for in article 410 and which has not been served personally, the time limit for appeal shall only run from the time the judgment is served at the home address, bailiff’s office or public prosecutor’s office subject to the provisions of the second paragraph….
If the judgment is rendered by default or by iterative default, the time limit for appeal only runs from the service of the judgment, regardless of the method of service. .
In the event of an appeal by one of the parties within the above time limits, the other parties have a further five days in which to lodge an appeal.
Unless it occurs less than two months before the date of the hearing before the court of appeal, the withdrawal by the accused or the civil party of his principal appeal shall result in the lapse of the cross-appeals, including that of the public prosecutor if such withdrawal occurs in the form provided for the statement of appeal. A cross-appeal is an appeal lodged within the period provided for in…
When the court rules on an application for release in accordance with articles 148-1 and 148-2 as well as when it rules on an application to release or modify a judicial supervision order or house arrest with electronic surveillance, the appeal must be lodged within twenty-four hours.
The statement of appeal must be made to the registrar of the court that handed down the contested decision. The statement shall indicate whether the appeal concerns the decision on the public prosecution or the decision on the civil action or both decisions. If the appeal relates to the decision on the public prosecution, the statement shall indicate whether it relates to the decision as a whole or whether it…
Where the appellant is detained, the appeal 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 shall also be signed by the appellant; if the appellant is unable to sign, this shall be noted by the head of the establishment. The original or a copy of this document shall be…
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75001, Paris France
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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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