When the case file is thus in order, the court clerk hands it over to the magistrate of the public prosecutor’s office, who immediately sends it to the public prosecutor at the Court of Cassation; the latter, in turn, forwards it to the registry of the criminal division.
If one or more lawyers have been appointed, the President of the Chamber shall set a time limit for the filing of the pleadings with the Registrar of the Criminal Chamber. The President of that Chamber shall appoint an adviser to report after the pleadings have been filed. .
A party interested in the appeal who has not received a copy of the pleadings produced in support of the appeal may lodge an objection to the judgment handed down by the Cour de cassation, by declaration at the registry of the court which handed down the decision, within five days of the notification provided for in article 614.
The pleadings shall contain the grounds of cassation and refer to the legal texts whose infringement is alleged. They are drawn up on a stamp, unless the applicant is a person sentenced to a criminal penalty. They must be filed within the time limit. No additional pleadings may be attached to them after the assigned adviser has filed his report. Late filing of a pleading proposing additional pleas may result…
An applicant for judicial review who has not constituted a lawyer and has not lodged his statement of case within the time limit provided for in Article 584 shall forfeit his appeal. The same applies, unless an exemption is granted by the President of the Criminal Division, to an applicant who has been convicted of a criminal offence and who has not instructed a lawyer and to the Public Prosecutor’s…
The appeal shall lapse, in the cases and under the conditions set out in articles 567-2, 574-1, 574-2 and 590-1, shall be ordered by the President of the Criminal Division or the Councillor designated by him.
Rulings by the investigating chamber and final rulings and judgments handed down by the trial courts, when they are in the form prescribed by law, may only be quashed for breach of the law. .
Such decisions shall be declared null and void where they are not given by the prescribed number of judges or where they have been given by judges who did not attend all the hearings in the case. Where several hearings have been devoted to the same case, the judges who contributed to the decision are presumed to have attended all those hearings. These decisions are also declared null and void…
Judgments of the investigating chamber, as well as final judgments and rulings, are declared void if they do not contain reasons or if their reasons are insufficient and do not allow the Cour de cassation to exercise its review and to recognise whether the law has been complied with in the operative part. The same applies where a ruling has been omitted or refused either on one or more applications…
When the Examining Magistrate’s Chamber rules on the settlement of proceedings, all pleas alleging that the information is null and void must be submitted to it, failing which the parties are no longer entitled to raise them, except in cases where they could not have been aware of them, and without prejudice to the right of the Cour de cassation to raise all pleas of its own motion.
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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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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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