Article 351 of the French Code of civil procedure
November 8, 2023
Referral on grounds of public security shall be made by the Court of Cassation at the request of the public prosecutor attached to the said court.
Referral on grounds of public security shall be made by the Court of Cassation at the request of the public prosecutor attached to the said court.
If the application is justified, the case shall be referred either to another formation of the court originally seised, or to another court of the same nature as that court. The decision shall be binding on the parties and on the referring court. It is not subject to appeal.
The proceedings are not suspended before the court whose removal is requested. The first president of the Cour de cassation may, however, order that the proceedings be suspended until the decision on the application for referral.
In the event of a referral, the procedure shall be as set out in Article 82.
The application for authorisation of the prise à partie procedure shall be brought before the first president of the court of appeal within whose jurisdiction the judge concerned sits.
The application is presented by a lawyer. On pain of inadmissibility, it shall contain a statement of the facts of which the judge is accused and shall be accompanied by supporting documents.
The first president, after obtaining the opinion of the public prosecutor at the court of appeal, verifies that the application is based on one of the cases of taking sides provided for by law.
The decision of the first president authorising the party-in-chief procedure sets the day on which the case will be heard by two chambers of the court combined. The court registry shall bring the decision to the attention of the judge and the president of the court to which he belongs by any means.
The refusal decision may be appealed to the Court of Cassation within fifteen days of its pronouncement. The appeal shall be lodged, investigated and judged in accordance with the procedure without compulsory representation.
The judge, as soon as he is aware of the decision authorising the taking to task procedure, shall abstain until the taking to task has been decided.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
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Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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