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Article R*49-26 of the French Code of Criminal Procedure

The court is not obliged to refer a priority question of constitutionality challenging, on the same grounds, a legislative provision already before the Cour de cassation or the Conseil constitutionnel. If the question is not referred on this ground, the court shall defer ruling on the merits until it has been informed of the decision of the Cour de cassation or, as the case may be, of the Constitutional Council.

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Article R*49-27 of the French Code of Criminal Procedure

Refusal to refer the question relieves the court of jurisdiction of the plea in law based on the priority question of constitutionality. However, where this refusal was based exclusively on the finding that the contested legislative provision was not applicable to the proceedings in question or did not constitute the basis for the prosecution, the court may, if it intends to apply this provision when examining the case, retract this…

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Article R*49-28 of the French Code of Criminal Procedure

The court registry shall notify the parties and the public prosecutor by any means and without delay of the decision ruling on the transfer of the priority question of constitutionality to the Cour de cassation. In the event of a decision to refer, the notice to the parties shall state that no appeal lies against the decision and that the parties who intend to submit observations before the Cour de…

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Article R*49-29 of the French Code of Criminal Procedure

When it is raised for the first time in the appeal proceedings, the plea that a legislative provision infringes the rights and freedoms guaranteed by the Constitution shall be presented in a separate written statement setting out the reasons on which it is based. Where the decision refusing to refer the priority question of constitutionality is challenged in an appeal against the decision that ruled on the request in the…

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Article R*49-30 of the French Code of Criminal Procedure

The parties have a period of one month from the decision to refer the question of constitutionality to the Cour de cassation to make known any observations they may have before the Court. They are signed by a lawyer at the Conseil d’Etat and the Cour de cassation, in accordance with the rules set out in article 585, except where they are submitted by the convicted person, the civil party…

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Article R*49-31 of the French Code of Criminal Procedure

When the priority question of constitutionality is raised in the course of an appeal, the separate pleading provided for in article 23-5 of Order no. 58-1067 of 7 November 1958 shall bear the words: “priority question of constitutionality”. The other parties to the appeal have one month to submit a statement in response to the priority question of constitutionality. This is drawn up, submitted and communicated in accordance with the…

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Article R*49-32 of the French Code of Criminal Procedure

The president of the panel to which the case is distributed or his delegate, at the request of one of the parties or of his own motion, may, in urgent cases, reduce the time limit provided for in articles R. * 49-30 and R. * 49-31. It sets the date of the hearing at which the priority question of constitutionality will be examined. The Public Prosecutor is notified so that…

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Article R*49-33 of the French Code of Criminal Procedure

The Cour de cassation is not obliged to refer to the Conseil constitutionnel a priority question of constitutionality challenging, on the same grounds, a legislative provision already before the Conseil constitutionnel. If no referral is made for this reason, it shall defer its decision until the Constitutional Council’s decision has been made.

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Article R49-35 of the French Code of Criminal Procedure

The request for transmission drawn up, pursuant to Article 695-9-33, by the departments or units mentioned in Article 695-9-31, shall contain the information listed in the model in Annex B to Framework Decision 2006/960/JHA of 18 December 2006 and specifying, in particular: 1° The expected time limit for transmitting the information and, where appropriate, the reasons for the urgent processing requested; 2° The circumstances in which the offence was committed;…

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