Article 794 of the French Code of Criminal Procedure
November 7, 2023
The court shall rule within two months on the submissions of the public prosecutor, the party or his lawyer heard or duly summoned.
The court shall rule within two months on the submissions of the public prosecutor, the party or his lawyer heard or duly summoned.
The decision of the Investigating Chamber may be referred to the Court of Cassation in the manner provided for by this Code.
In the case referred to in Article 789, the appeal in cassation lodged against the judgment rejecting the application for rehabilitation shall be heard and determined without fine or costs. All procedural documents are stamped and registered free of charge. .
If the application is rejected, a new application may not be made until two years have elapsed, unless the rejection of the first application was due to insufficient time for proof. In this case, the application may be renewed as soon as these periods have expired. .
In this case, bulletins no. 2 and no. 3 of the criminal record must not mention the conviction. The judgment granting rehabilitation may, however, order that the conviction be removed from the criminal record and also not be mentioned in bulletin no. 1. The rehabilitated person may have a copy of the judgment granting rehabilitation and an extract from the criminal record issued free of charge. .
Any person whose conviction has been the subject of a legal pardon pursuant to the provisions of the Criminal Code may request, in accordance with the procedure and terms laid down in this chapter, that the investigating chamber order that this conviction be removed from the criminal record and no longer be mentioned in bulletin no. 1.
Where the convicted person is a legal entity, the application for rehabilitation is made by its legal representative. The application may only be made after a period of two years has elapsed from the expiry of the penalty imposed. It must specify, firstly, the date of the conviction for which rehabilitation is sought and, secondly, any transfer of the registered office of the legal entity that has occurred since the…
A decree in the Conseil d’Etat determines the costs to be included under the heading of criminal, correctional and police court costs; it establishes the tariff thereof or sets the terms and conditions according to which this tariff is established, regulates the payment and recovery thereof, determines the means of appeal, sets the conditions to be met by the parties involved and, in general, regulates everything relating to court costs…
The costs of criminal, correctional and police justice shall be borne by the State and without recourse against the convicted person or the civil party, subject to the cases provided for in the last two paragraphs of this article. However, where application is made of articles 177-2 or 212-2 against the civil party whose claim has been deemed to be abusive or dilatory, the legal costs corresponding to the expert…
At the request of the person concerned, any court that dismisses a case, discharges the accused, acquits the accused or makes any decision other than a conviction or a declaration that the accused is not criminally responsible may award the person prosecuted for a criminal or civil offence compensation that it determines in respect of costs not paid by the State and incurred by that person. The same applies to…
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
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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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