A: Exercising the right of recourse

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. .