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French Code of Criminal Procedure

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Article 4 of the French Code of Criminal Procedure

November 8, 2023

The civil action for compensation for the damage caused by the offence provided for in Article 2 may be brought before a civil court, separately from the public action. However, judgment on this action shall be stayed until a final decision has been given on the public action where the latter has been brought. The institution of the public prosecution does not require the suspension of the judgment of other…

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Article 4-1 of the French Code of Criminal Procedure

November 8, 2023

The absence of unintentional criminal fault within the meaning of Article 121-3 of the Criminal Code does not prevent an action being brought before the civil courts to obtain compensation for damage on the basis of article 1241 of the Civil Code if the existence of the civil fault provided for by this article is established or pursuant to article L. 452-1 of the Social Security Code if the existence…

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Article 5 of the French Code of Criminal Procedure

November 8, 2023

A party who has brought his action before the competent civil court may not bring it before the criminal court. This is not the case unless the criminal court has been seised by the public prosecutor’s office before a judgment on the merits has been given by the civil court.

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Article 5-1 of the French Code of Criminal Procedure

November 8, 2023

Even if the plaintiff has brought a civil action before the criminal court, the civil court, seised in summary proceedings, remains competent to order any provisional measures relating to the facts that are the subject of the proceedings, where the existence of the obligation is not seriously disputable.

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Article 6 of the French Code of Criminal Procedure

November 8, 2023

Public prosecution for the enforcement of the penalty is extinguished by the death of the accused, prescription, amnesty, repeal of the criminal law and res judicata. However, if prosecution leading to conviction has revealed the falsity of the judgment or ruling that declared the public prosecution extinguished, the public prosecution may be resumed; the statute of limitations must then be considered as suspended from the day on which the judgment…

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Article 6-1 of the French Code of Criminal Procedure

November 8, 2023

Where a felony or misdemeanour allegedly committed in the course of criminal proceedings or proceedings before a court involves the violation of a rule of procedure, public action may only be brought if the unlawful nature of the proceedings, the decision taken or the act performed on that occasion has been established by a decision that has become final of the criminal court seised or in application of the remedies…

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Article 7 of the French Code of Criminal Procedure

November 8, 2023

Public prosecution of crimes shall be barred after twenty years have elapsed from the day on which the offence was committed. Public prosecution of the crimes mentioned in Articles 706-16,706-26and 706-167 of this code, to Articles 214-1 to 214-4 and 221-12 of the Penal Code and in Book IV bis of the same Code shall lapse after thirty years from the day on which the offence was committed. Public prosecution…

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Article 8 of the French Code of Criminal Procedure

November 8, 2023

Public action for misdemeanours shall be barred after six years from the day on which the offence was committed. Public prosecution for the offences mentioned in article 706-47 of this code, when committed against minors, with the exception of those mentioned in articles 222-29-1 and 227-26 of the Penal Code, shall be time-barred after ten years from the age of majority of the latter. Public prosecution for the offences mentioned…

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Article 9-1 of the French Code of Criminal Procedure

November 8, 2023

The limitation period for public prosecution of the crime provided for in Article 214-2 of the Penal Code, where it has led to the birth of a child, runs from the age of majority of the child. As an exception to the first paragraph of articles 7 and 8 of this Code, the limitation period for public prosecution of a concealed or hidden offence shall run from the day on…

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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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