Paragraph 1: Remedies sought before the First President of the Court of Appeal

Where it is clear that the applicant either does not meet the condition of having been remanded in custody during proceedings that have ended in his or her favour with a decision to dismiss, acquit or acquit that has become final, or has lodged his or her application after the expiry of the six-month period provided for in Article 149-2, the first president of the court of appeal may, after…

On the day of the hearing, the applicant or his lawyer, then the judicial agent of the State or his lawyer are heard in their observations. The public prosecutor develops his conclusions. The parties may then reply, the applicant or his lawyer having the last word.

The decision of the first president of the court of appeal is given in open court. This decision is notified to the applicant and the judicial agent of the State either by delivery of a copy against receipt, or by registered letter with acknowledgement of receipt. The notification states that the decision may be appealed to the National Commission for Compensation for Detentions within ten days. A copy of the…

The first president of the court of appeal may, at any stage of the proceedings, grant the claimant an advance on costs in summary proceedings. This decision is not subject to appeal.

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.