Chapter VII: Trial of offences

For the application of Article 392-1, legal aid must be understood to mean the legal aid or assistance scheme in force locally.

In New Caledonia and the Wallis and Futuna Islands, the criminal court ruling as a panel is completed by two assessors under the conditions set out in the Code of Judicial Organisation. In the Wallis and Futuna Islands, one or two of the judge assessors of the criminal court may be judges from the jurisdiction of the Noumea court of appeal connected live to the courtroom by an audiovisual means…

For the application of Article 398-1 in French Polynesia, New Caledonia and the Wallis and Futuna Islands: 1° The 2° is worded as follows: “2° The offences provided for by the locally applicable provisions relating to road traffic;” 2° The 4° is worded as follows: “4° Offences provided for by locally applicable provisions relating to regulations on land transport as well as ship and navigation safety, the prevention of marine…

In the territory of the Wallis and Futuna Islands, the notice provided for in Article 399 shall be given by the public prosecutor.

For the application of Article 407, the court clerk may be appointed as interpreter for one of the languages in use in the territory. In this case, he is exempt from the oath. If there is a permanent official interpreter, he shall not take the oath until he takes up his duties.

For the application of article 416 in the territory of French Polynesia and in New Caledonia, where it appears materially impossible for a lawyer to travel, the accused may choose as counsel a person who has not been the subject of any conviction, incapacity or disqualification mentioned in bulletin no. 2 of the criminal record. A person who is being prosecuted for the same acts or for related acts may…

The second paragraph of Article 470-1 reads as follows: “However, where it appears that liable third parties must be implicated, the court shall refer the case, by a decision not subject to appeal, to the competent civil court. “

For the application of article 474 in New Caledonia, where the sentenced person is a minor, the service responsible for the judicial protection of children shall exercise the functions devolved to the prison integration and probation service.

The time limits for opposition provided for in Article 491 and in the first paragraph of article 492 are ten days if the accused resides on the island where the court sits and one month if he resides outside that island.

The additional period provided for in Article 500 is extended to fifteen days for parties residing outside the island where the court that handed down the contested decision has its seat.