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French Code of Criminal Procedure

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Article R429 of the French Code of Criminal Procedure

November 6, 2023

Article R. 249-8 is worded as follows: “Art. R. 249-8.-An appeal against the decision may be lodged with the court mentioned in a and b of Article R. 249-6 by the Public Prosecutor’s Office at the request of the Public Treasury within one month of payment of the compensation. “The Public Prosecutor’s Office’s reasoned refusal to exercise the appeal shall be brought to the attention of the Public Treasury. “

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Article R430 of the French Code of Criminal Procedure

November 6, 2023

For its application in Saint-Barthélemy, Saint-Pierre-et-Miquelon, the Wallis and Futuna Islands, French Polynesia, New Caledonia and the French Southern and Antarctic Territories, the reference to the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data is replaced by the reference to…

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Article D1 of the French Code of Criminal Procedure

November 6, 2023

I.-Any association mentioned in the second paragraph of Article 2-9 or in the first paragraph of Article 2-15 may apply for the authorisation provided for by these provisions if it meets the following conditions: 1° A representative number of adherent members who have been victims of the offence; 2° Sufficient guarantees of effective activity with a view to defending the victims of the offence, in particular through the involvement of…

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Article D1-1 of the French Code of Criminal Procedure

November 6, 2023

The terms of application of II to IV of Article 28 of Organic Law No. 2011-333 of 29 March 2011 on the Human Rights Defender are specified by this article. I.-The proposal for a settlement made by the Human Rights Defender shall be communicated to the perpetrator or, in the case of a legal entity, to its representative, through the intermediary of one of its sworn agents to whom the…

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Article D1-1-1 of the French Code of Criminal Procedure

November 6, 2023

Other than the case provided for in 1° of Article 10-2, the possibility for the victim or perpetrator of an offence to participate in a restorative justice measure falling under Article 10-1 is offered to him or her, where this measure seems feasible : 1° By the public prosecutor or the public prosecutor’s delegate, when an alternative to prosecution or a penal composition is implemented, at any time during the…

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Article D1-3 of the French Code of Criminal Procedure

November 6, 2023

The purpose of the personalised assessment is to determine whether specific protective measures should be implemented during the criminal proceedings. This assessment is carried out in particular in the light of the following elements: the extent of the harm suffered by the victim; the circumstances of the commission of the offence resulting in particular from discriminatory, racist, ethnic, religious, or sexist motivation, or the links existing between the victim and…

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Article D1-4 of the French Code of Criminal Procedure

November 6, 2023

The personalised assessment is carried out by the judicial police officer or agent who interviews the victim. He mentions, in the victim’s interview report or in any other document attached to the proceedings, the assessment factors selected from among those mentioned in Article D. 1er-3 or other factors that he or she feels warrant being taken into account.

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Article D1-5 of the French Code of Criminal Procedure

November 6, 2023

Subject to the needs of the investigation, the authority conducting the interview with the victim: 1° Receives the victim’s complaint as soon as possible; 2° Conducts further interviews with the victim insofar as they are strictly necessary for the ongoing investigation; 3° Arranges for medical examinations of the victim insofar as they are strictly necessary for the ongoing investigation.

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Article D1-6 of the French Code of Criminal Procedure

November 6, 2023

In cases of sexual violence, gender-based violence or domestic violence, the victim shall be heard by an investigator of the same sex if he or she so requests. However, such a request shall not be granted if granting it would hinder the proper conduct of the investigation, in particular where it is necessary to hear the victim urgently.

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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
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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