Any judgment which has ruled on an application for referral on one of the aforementioned grounds shall be served on the parties concerned at the instance of the Public Prosecutor at the Cour de cassation.
A judgment which has dismissed an application for committal on grounds of public safety, on the grounds set out in the first paragraph of Article 665-1, on the grounds of legitimate suspicion or in the interests of the proper administration of justice does not preclude a new request for referral based on facts that have occurred since.
If the court normally having jurisdiction cannot be composed because of the existence of the incompatibilities provided for by law, the first president of the court of appeal may order the transfer to the adjoining court situated within the jurisdiction of that court and designated by the order provided for in the last paragraph of this article. The application for transfer shall be made by the public prosecutor of the…
Any judge or adviser may be challenged for the following reasons: 1° If the judge or his spouse or his partner linked by a civil solidarity pact or his cohabitee are relatives or allies of one of the parties or of his spouse, his partner linked by a civil solidarity pact or his cohabitee up to and including the degree of cousin descended from the first degree. The challenge may…
The accused person, the defendant, the accused and any party to the proceedings who wishes to challenge an examining magistrate, a police magistrate, one, several or all of the judges of the criminal court, the councillors of the court of appeal or the assize court must, on pain of nullity, submit a request to the first president of the court of appeal. The magistrates of the public prosecutor’s office may…
The First President shall notify the President of the court to which the disqualified judge belongs of the application he has received in administrative form. The application for disqualification shall not relieve the judge whose disqualification is proposed. However, the First President may, after obtaining the opinion of the Public Prosecutor, order that either the continuation of the investigation or the hearings or the delivery of the judgment be suspended.
The First President shall receive the supplementary pleading of the applicant, if any, and that of the magistrate whose disqualification is proposed; he shall take the opinion of the Public Prosecutor and shall rule on the application. The order ruling on the disqualification shall not be subject to any appeal. It shall take effect ipso jure.
Any application for the first president of the court of appeal to be disqualified must be the subject of a request addressed to the first president of the Court of Cassation who, after obtaining the opinion of the public prosecutor at the said court, shall decide by an order, which shall not be subject to any appeal. The provisions of Article 670 shall apply.
Any order rejecting an application for recusal shall order the applicant to pay a civil fine of between 75 and 750 euros.
None of the judges or councillors referred to in Article 668 may not disqualify himself ex officio without the authorisation of the first president of the court of appeal, whose decision, made after consultation with the public prosecutor, is not subject to appeal.
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is a Registered Trademark of
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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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