The examining magistrate may ask the expert to submit a provisional report before his final report. The public prosecutor and the parties then have a period set by the examining magistrate, which may not be less than fifteen days or, in the case of accounting or financial expertise, one month, to send at the same time to the expert and to the judge any written observations they require on this…
The experts shall present at the hearing, where appropriate, the results of the technical operations they have carried out, after taking an oath to assist the judiciary to the best of their honour and conscience. During their hearing, they may consult their report and its appendices. The chairman may, either of his own motion or at the request of the public prosecutor, the parties or their counsel, ask them any…
If, at a hearing before a trial court, a person heard as a witness or for information contradicts the conclusions of an expert report or provides new information from a technical point of view, the president asks the experts, the public prosecutor, the defence and, if applicable, the civil party, to present their observations. The court, in a reasoned decision, declares either that the proceedings will be dispensed with or…
The provisions of articles 168 and 169 are applicable to persons called upon either to make findings or to assess the nature of the circumstances of a death, in accordance with articles 60 and 74.
In any matter, the investigating judge, the public prosecutor, the parties or the assisted witness may, during the course of the investigation, refer a matter to the investigating chamber for the annulment of an act or part of the proceedings.
Where the outcome of an application for annulment appears to be manifestly necessary, the President of the Examining Magistrates’ Chamber shall rule on this application, in accordance with the provisions of Article 199, without the two members of the Chamber being present. If the necessary decision consists of the annulment of the acts or documents of the proceedings, it may, if the public prosecutor agrees, be made by order without…
There is nullity where failure to observe a substantial formality provided for by a provision of this Code or any other provision of criminal procedure has adversely affected the interests of the party to whom it relates.
A party who has failed to comply with an essential procedural requirement may waive the requirement and thus regularise the procedure. This waiver must be express. It may only be given in the presence of the lawyer or the latter duly summoned.
If it appears to the investigating judge that an act or document in the proceedings is null and void, he or she refers the matter to the investigating chamber for annulment, after taking the opinion of the public prosecutor and informing the parties. If the public prosecutor considers that a nullity has been committed, he or she requires the investigating judge to communicate the proceedings with a view to forwarding…
On pain of inadmissibility, the person under investigation must put forward pleas alleging the nullity of acts performed before his first appearance examination or of this examination itself within six months of being notified of his indictment, except in cases where he could not have been aware of them. The same applies to pleas based on the nullity of acts performed before each of his subsequent examinations or acts notified…
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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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