Where the Criminal Court or the Juvenile Court of Paris declares that it does not have jurisdiction on the grounds set out in article 628-3, it shall refer the matter to the Public Prosecutor’s Office to be dealt with as it sees fit; it may, after hearing the Public Prosecutor’s Office, issue a committal or arrest warrant for the accused in the same decision.
In the cases provided for in the articles 628-2 to 628-4, the committal or arrest warrant retains its enforceability; prosecution or investigative acts and formalities carried out before the decision to relinquish jurisdiction or competence became final do not have to be renewed.
Any order made on the basis of articles 628-2 or 628-3 by which an examining magistrate decides whether or not to relinquish jurisdiction or the Paris examining magistrate decides whether or not he has jurisdiction may, to the exclusion of any other remedy, be referred within five days of notification, at the request of the Public Prosecutor or the parties, to the Criminal Division of the Cour de Cassation, which…
As an exception to Article 712-10, only the Sentence Enforcement Judge of the Paris Judicial Court has jurisdiction, the tribunal de l’application des peines de Paris and the chambre de l’application des peines de la cour d’appel de Paris to take decisions concerning persons convicted of an offence falling within the scope of Article 628, regardless of the place of detention or residence of the convicted person. These decisions are…
Chapter II of Title XXV of this Book IV, with the exception of Articles 706-88-1 and 706-88-2, shall apply to the investigation, prosecution and trial of crimes falling within the scope of l’article 628. For the application of the sixth paragraph of Article 706-88, the intervention of the lawyer may be deferred for a maximum period of seventy-two hours.
By way of derogation from Article 11, for investigation or prosecution proceedings initiated on the basis of one or more offences falling within the scope of the article 628, the counter-terrorism public prosecutor may communicate to the specialised intelligence services mentioned in the article L. 811-2 of the Internal Security Code, on its own initiative or at the request of these services, of elements of any kind contained in these…
The duties of specialist assistant may be carried out in the courts and magistrates referred to in article 628-1 category A and B civil servants as well as persons holding, in subjects defined by decree, a national diploma attesting to training of at least four years’ duration in higher education after the baccalaureate who meet the conditions for access to the civil service and provide proof of at least four…
This subtitle shall also apply, where French criminal law is applicable, to crimes of torture within the meaning of Article 1 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment adopted in New York on 10 December 1984 and to crimes of enforced disappearance. .
The conditions under which a plea that a legislative provision infringes the rights and freedoms guaranteed by the Constitution may be raised in criminal proceedings, as well as the conditions under which the Conseil constitutionnel may be seised by the Cour de cassation of the priority question of constitutionality, obey the rules defined by the articles 23-1 to 23-7 of Order no. 58-1067 of 7 November 1958 enacting the Organic…
When it is brought to the attention of the public prosecutor that a document alleged to be forged is in a public depository or has been drawn up in a public depository, the public prosecutor may go to that depository to carry out any necessary examinations and verifications. The public prosecutor may not delegate the above powers to a judicial police officer. The public prosecutor may, in an emergency, order…
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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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