In all cases where the Cour de cassation is authorised to choose a court or tribunal for the judgment of a case referred, such choice may only result from a special deliberation taken immediately in the Council Chamber; express mention thereof shall be made in the judgment. .
A copy of the judgment admitting the application for judicial review and ordering referral to a new court shall be delivered to the public prosecutor at the Cour de cassation within three days. This copy shall be sent, together with the record of the proceedings, to the magistrate responsible for the public prosecutor’s office at the referring court or tribunal. The parties shall be notified of the judgment of the…
Where a judgment or ruling is set aside for breach of the essential procedural requirements prescribed by law, a copy of the decision shall be forwarded to the Minister of Justice.
The judgment which has dismissed the application for judicial review, or has pronounced the judicial review without referral, shall be delivered, within three days, to the Public Prosecutor at the Court of Cassation, by extract signed by the court clerk, which extract shall be sent to the magistrate in charge of the public prosecution at the Court or tribunal which handed down the contested judgment or ruling. It shall be…
Where an application for judicial review has been dismissed, the party who lodged it may no longer appeal to the Court of Cassation against the same judgment or ruling, on any pretext or by any means whatsoever.
Where an application for judicial review lodged by the person prosecuted or by the civil party has been dismissed, the court may order the applicant to pay to the other party the sum it determines, in respect of costs not paid by the State and incurred by the latter. The parties may produce evidence of the sums they claim and the court shall take into account the equity or economic…
Where, after cassation of a first judgment or ruling given at last instance, the second judgment or ruling given in the same case, between the same parties, proceeding in the same capacity, is challenged on the same grounds, the case shall be brought before the full court in the forms provided for by the Articles L. 431-6 to L. 431-10 of the Code de l’organisation judiciaire.
When, on the formal order given to him by the Minister of Justice, the Public Prosecutor at the Court of Cassation denounces to the Criminal Division judicial acts, rulings or judgments that are contrary to the law, such acts, rulings or judgments may be annulled.
Where a court of appeal, assize court, criminal court or police court has handed down a final judgment or ruling which is subject to cassation and against which none of the parties has nevertheless lodged an appeal within the specified time limit, the public prosecutor at the Cour de cassation may, of his own motion and notwithstanding the expiry of the time limit, lodge an appeal against the said judgment…
Revision of a final criminal judgment may be requested for the benefit of any person convicted of a felony or misdemeanour where, after conviction, a new fact occurs or a factor unknown to the court on the day of the trial comes to light of such a nature as to establish the innocence of the convicted person or to give rise to doubt as to his guilt.
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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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