In criminal cases and where the accused has been convicted, if the judgment has pronounced a penalty other than that applied by law to the nature of the crime, the annulment of the judgment may be pursued both by the public prosecutor and by the convicted party.
The same action lies with the public prosecutor against the acquittal judgments mentioned in article 363 if the decision was made on the basis of the non-existence of a criminal law that would nevertheless have existed.
Where the sentence handed down is the same as that imposed by the law applicable to the offence, no one may seek to have the judgment set aside on the pretext that there has been an error in the citation of the text of the law.
In correctional matters, the accused is not admissible to present as a means of cassation the nullities committed in first instance if he did not raise them before the court of appeal, with the exception of nullity on the ground of lack of jurisdiction where there was an appeal by the public prosecutor. In criminal matters, the accused is not admissible to present as a plea in cassation the nullities…
No one may, under any circumstances, take advantage against the party being prosecuted of the violation or omission of the rules established to ensure the latter’s defence.
The rules concerning the publicity, police and discipline of hearings must be observed before the Cour de cassation.
Reports are made at the hearing. The parties’ lawyers are heard in their observations after the report, if applicable. The public prosecutor presents his closing arguments.
In the deliberations of the court, opinions are collected by the president, following the order of appointment, beginning with the most senior councillor. The rapporteur always opines first and the president last.
The judgments of the Court of Cassation in criminal cases shall mention the names of the president, the rapporteur, the other judges who delivered them, the Advocate General and the lawyers who appeared in the proceedings and, in addition, the surnames, forenames, occupations and domiciles of the parties and the pleas put forward.
The Court of Cassation, in any criminal, correctional or police case, may rule on the appeal immediately after the expiry of a period of ten days from receipt of the case file. It must rule as a matter of urgency and as a matter of priority and, in any event, before the expiry of a period of three months from receipt of the case file when the appeal is lodged…
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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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