On receipt of the conclusions referred to in the previous article, the secretary of the commission shall send a copy to the public prosecutor at the Cour de cassation and, by registered letter with acknowledgement of receipt, to the person listed in 1° and 2° of Article R. 40-4 who is not the author of the appeal. This person has a period of two months from receipt of the registered…
The secretary of the committee shall notify the appellant, by registered letter with acknowledgement of receipt, within fifteen days of their submission, of the conclusions of the Public Prosecutor at the Court of Cassation and the conclusions of the person referred to in Article R. 40-9. He communicates to this person the conclusions of the public prosecutor at the Cour de cassation.
Within a period of one month from the last of the notifications provided for in the first paragraph of the preceding article, the person lodging the appeal shall submit, against a receipt or by registered letter with acknowledgement of receipt, to the secretariat of the Commission his or her observations in response, which shall be communicated to the Public Prosecutor at the Court of Cassation and to the person mentioned…
Where the person lodging the appeal is the public prosecutor at the court of appeal, the secretary of the committee asks the latter, within fifteen days of receipt of the file, to send him his conclusions within one month. On receipt of these submissions, he will send a copy to the Public Prosecutor at the Court of Cassation and, by registered letter with acknowledgement of receipt, to the State’s legal…
In the month following the expiry of the fifteen-day period provided for in Article R. 40-12 or the last paragraph of article R. 40-13, the chairman of the committee shall appoint a rapporteur from among the members of the committee.
Where it is clear that the person lodging the appeal lodged it after the expiry of the ten-day period provided for in Article 149-3, the chairman of the committee may, after notifying the persons listed at 1° to 3° of Article R. 40-4, decide that there is no need for further investigation or for the acts provided for in Articles R. 40-8 to R. 40-15. He may proceed in the…
On the day of the hearing, after the report, the applicant and the judicial agent of the State or their respective lawyers are heard in their observations, whichever of the persons listed in 1° and 2° of Article R. 40-4 who is the author of the appeal or his lawyer who has the floor first. Where the appeal has been lodged by the public prosecutor at the court of appeal,…
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
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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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