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French Code of Criminal Procedure

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Article 657 of the French Code of Criminal Procedure

November 7, 2023

When two investigating judges, belonging to the same court or to different courts, are simultaneously seised of the same offence, the public prosecutor may, in the interests of the proper administration of justice, request one of the judges to relinquish jurisdiction in favour of the other. The court may only relinquish jurisdiction if both judges agree. If the conflict of jurisdiction persists, the procedure shall be carried out, depending on…

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Article 658 of the French Code of Criminal Procedure

November 7, 2023

When two correctional courts, two investigating judges or two police courts belonging to the same jurisdiction of the court of appeal are seised simultaneously of the same offence, the judges shall be settled by the investigating chamber, which shall rule on a request submitted by the public prosecutor or the parties. This decision may be appealed to the Supreme Court.

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Article 659 of the French Code of Criminal Procedure

November 7, 2023

All other conflicts of jurisdiction are referred to the Criminal Division of the Cour de cassation, which is seised by application of the public prosecutor or the parties. The Cour de cassation may also, on the occasion of an appeal brought before it, rule on judges of its own motion and even in advance. It may rule on all acts performed by the court to which it relinquishes jurisdiction.

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Article 660 of the French Code of Criminal Procedure

November 7, 2023

The Criminal Division may, before ruling on the case, order that the application be communicated to the parties. In this case, the pleadings shall be transmitted to it, within the time limit set by it, together with the observations of the interested parties, and the course of the proceedings shall be suspended.

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Article 661 of the French Code of Criminal Procedure

November 7, 2023

The parties concerned shall be served with the judgment settling the dispute. The latter may, except in the case where communication of the application has been ordered, lodge an opposition to this judgment, by deed received at the registry of the place where one of the conflicting courts sits, in the forms and time limits for an appeal in cassation. The opposition shall have suspensive effect if the criminal chamber…

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Article 662 of the French Code of Criminal Procedure

November 7, 2023

In criminal, correctional or police matters, the Criminal Division of the Cour de cassation may relinquish jurisdiction of any investigating or trial court and refer the hearing of the case to another court of the same order on grounds of legitimate suspicion. The motion for referral may be presented either by the public prosecutor at the Cour de cassation, or by the public prosecutor established at the court seised, or…

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Article 663 of the French Code of Criminal Procedure

November 7, 2023

Where two investigating judges, belonging to the same court or to different courts, are simultaneously seised of related offences or different offences in respect of which the same person or the same persons are under investigation, the public prosecutor may, in the interests of the proper administration of justice and notwithstanding the provisions of the articles 43,52and 382, request one of the judges to relinquish jurisdiction in favour of the…

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Article 664 of the French Code of Criminal Procedure

November 7, 2023

When an accused person or defendant is being held in custody pursuant to a detention order or in execution of a conviction, the public prosecutor may, in the interests of the proper administration of justice, in particular to avoid the transfer of the detainee, request that the proceedings be transferred from the investigating or trial court to that of the place of detention. This is done in the same way…

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Article 665 of the French Code of Criminal Procedure

November 7, 2023

The transfer of a case from one court to another may be ordered on grounds of public security by the criminal division, but only at the request of the public prosecutor at the Court of Cassation. Referral may also be ordered, in the interests of the proper administration of justice, by the Criminal Division, either at the request of the Public Prosecutor at the Court of Cassation or at the…

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Article 665-1 of the French Code of Criminal Procedure

November 7, 2023

Referral may also be ordered by the Criminal Division if the court normally having jurisdiction cannot be legally composed or if the course of justice is otherwise interrupted. The motion for referral may be presented either by the public prosecutor at the Cour de cassation or by the public prosecutor established at the court seised. The motion must be served on all interested parties, who have a period of ten…

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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
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182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396

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