In the cases provided for in articles 557 and 558, the copy shall be delivered in a sealed envelope bearing no information other than the surname, first names and address of the interested party or, if the addressee is a legal entity, its name and address, and the seal of the bailiff’s office affixed to the seal of the envelope.
If the person resides abroad, he or she is summoned to the public prosecutor’s office at the court seised. The public prosecutor shall endorse the original and send a copy to the Minister of Foreign Affairs or to any authority determined by international conventions. The provisions of the previous paragraph shall apply to legal entities that have their registered office abroad.
In all cases, the bailiff must mention on the original of the writ, and in the form of a report, his diligence as well as the responses that have been made to his various interpellations. The public prosecutor may order the bailiff to carry out new searches, if he considers that those that have been carried out are incomplete. The original of the summons must be sent to the person…
Bailiffs are required to put, at the end of the original and the copy of the writ, the cost thereof, on pain of a civil fine of 3 to 15 euros; this fine is pronounced by the president of the court hearing the case.
A writ of summons may only be declared null and void where it has had the effect of prejudicing the interests of the person whom it concerns, subject, as regards time limits for summons, to the provisions of Article 553,2°.
If a writ is declared null and void through the fault of the bailiff, the bailiff may be ordered to pay the costs of the writ and the annulled proceedings, and possibly damages to the party who has been prejudiced. The court which declares the nullity has jurisdiction to pronounce these sentences.
Rulings by the Investigating Chamber and final rulings and judgments in criminal, correctional and police matters may be set aside in the event of a breach of the law on appeal to the Court of Cassation by the Public Prosecutor or by the party adversely affected, in accordance with the distinctions that will be established. The appeal shall be brought before the Criminal Division of the Court of Cassation. .
If the President of the Criminal Division finds that an appeal has been lodged against a decision that is not subject to appeal, he shall make an order not to admit the appeal. His decision is not subject to appeal.
When the solution of a case submitted to the Criminal Division appears to be imperative, the First President or the President of the Criminal Division may decide to have the case heard by a panel of three judges. This panel may defer consideration of the case to the hearing of the chamber at the request of one of the parties; deferral is automatic if one of the judges making up…
The Criminal Division hearing an appeal against a judgment of the Investigating Division or the Criminal Division of the Court of Appeal handed down in respect of pre-trial detention must rule within three months of receipt of the case file at the Court of Cassation, failing which the person under investigation is automatically released. The applicant for judicial review or his lawyer must, on pain of forfeiture, file his brief…
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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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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