Section 3: Proceedings before the Criminal Appeals Chamber

The rules enacted for the criminal court are applicable before the court of appeal, including the provisions of the penultimate paragraph of article 464, subject to the following provisions.

The appeal is heard at the hearing on the oral report of an adviser; the accused is questioned. Witnesses called by the accused are heard in accordance with the rules set out in articles 435 to 457. The public prosecutor may object if these witnesses have already been heard by the court. The court rules before any debate on the merits. After the appellant or his representative has summarily stated…

If the court considers that the appeal is untimely or irregularly lodged, it declares it inadmissible. If it considers that the appeal, although admissible, is unfounded, it confirms the contested judgment.

The court may, on the appeal of the public prosecutor, either confirm the judgment or reverse it in whole or in part in a manner favourable or unfavourable to the accused. The court may not, on the sole appeal of the accused, the person civilly liable, the civil party or the insurer of any of these persons, aggravate the fate of the appellant. The civil party may not, on appeal,…

Where the court, ruling on the civil action, has ordered provisional payment, in whole or in part, of the damages awarded, such provisional enforcement may be halted, on appeal, by the first president ruling in summary proceedings if it is likely to entail manifestly excessive consequences. The first president may make the suspension of provisional enforcement subject to the provision of a guarantee, real or personal, sufficient to meet any…

If the judgment is reversed because the court considers that there is no crime, misdemeanour or contravention, or that the fact is not established or is not attributable to the accused, it shall dismiss the accused from the prosecution. In this case, if the acquitted accused claims damages, under the conditions provided for in article 472, he shall bring his claim directly before the Court of Appeal.

If the judgment is reversed because the court considers that the defendant benefits from a legal cause for exemption from punishment, it shall comply with the provisions of Article 468.

If the judgment is set aside because the court considers that the act constitutes only a contravention, it will impose the penalty and rule, if appropriate, on the civil action.

If the judgment is set aside because the court considers that the fact is of such a nature as to entail a criminal penalty, the court of appeal shall declare itself incompetent. It shall refer the Public Prosecutor’s Office back to appeal as it sees fit. It may, after hearing the Public Prosecutor’s Office, issue a committal or arrest warrant against the accused by the same decision. .

If the judgment is set aside for violation or unremedied omission of forms prescribed by law on pain of nullity, the court shall evoke and rule on the merits. .