Chapter II: Appeals

Where the accused declares to limit, in accordance with the second paragraph of Article 502, the scope of his appeal on the public prosecution to the penalties imposed, to some of them or to the terms of their application, the form of the statement of appeal made pursuant to articles 502 or 503 must include a statement informing the appellant of his right to go back on this limitation, by…

Where the accused, the civil party or the person civilly liable lodges an appeal, on a principal or incidental basis, against a judgment which has been rendered by the correctional court composed of its president alone and the appeal must be examined by the correctional appeals chamber of the court of appeal composed of its president alone pursuant to the second paragraph of Article 510, the form of the statement…

If the appeal is lodged by the public prosecutor, he may also indicate in his statement of appeal or within one month of that statement that he is requesting that the appeal be considered by a panel.

In the cases provided for by articles D. 45-22 and D. 45-23, a copy of the statement of appeal is given to the appellant. In the cases provided for by articles D. 45-22, D. 45-23 and D. 45-24, the statement of appeal and the record of the proceedings may, except in cases of urgency, be sent to the court of appeal on expiry of a period of one month from…

The statement of appeal lodged by a detained person pursuant to article 503 is forwarded on the same day or on the first working day thereafter by the head of the prison to the registry of the court that handed down the contested decision. The same applies to a supplementary statement made by the detainee within one month of his appeal pursuant to articles D. 45-22 or D. 45-23.

The provisions of article D. 45-2 are applicable before the Criminal Appeals Chamber.

Where the Public Prosecutor decides, of his own motion or at the request of the accused, to use the procedure of appearance on prior recognition of guilt on appeal pursuant to the last paragraph of Article 495-15, it shall inform the President of the Criminal Appeals Chamber of the Court of Appeal before which the case had been heard, if this hearing had already been set. This decision may not…

The provisions of article D. 45-2-1-bis are applicable before the Criminal Appeals Chamber. The decisions provided for in this article are then taken by the first president of the court of appeal.

Where the application by the accused provided for in article 495-15 seeking the application of the procedure for appearing on appeal on a preliminary admission of guilt shall be sent to the Public Prosecutor more than three months before the date of the hearing set before the court, by registered letter with acknowledgement of receipt, by a secure means of telecommunication in accordance with 21° of Article D. 591 or…

When the criminal appeals chamber issues a committal order with deferred effect, the public prosecutor has the same prerogatives as the public prosecutor. If the date set for incarceration is brought to the convicted person’s attention after the hearing, he or she shall issue the order for execution of this warrant provided for in article D. 48-2-5. If this is not the case, he may refer the matter to the…