The accused absent without valid excuse at the opening of the hearing shall be tried in absentia in accordance with the provisions of this chapter. The same shall apply where the absence of the accused is noted during the proceedings and it is not possible to suspend them until his return. However, the court may also decide to adjourn the case to a later session, after issuing a warrant for…
The court shall examine the case and rule on the charge without the assistance of the jurors, unless other defendants tried simultaneously in the proceedings are present, or the absence of the defendant has been ascertained after the commencement of the proceedings. If a lawyer is present to defend the interests of the accused, the proceedings shall be conducted in accordance with the provisions of the articles 306 to 379-1,…
If the accused convicted under the conditions provided for by Article 379-3 constitutes himself a prisoner or if he is arrested before the sentence is extinguished by prescription, the judgment of the Assize Court shall be null and void in its entirety and his case shall be re-examined by the Assize Court in accordance with the provisions of articles 269 to 379-1. The arrest warrant issued against the accused pursuant…
The appeal is not open to the person sentenced in absentia.
The provisions of this chapter shall apply to persons remanded for related offences. The court may, however, on the application of the public prosecutor and after hearing the observations of the parties, order the severance of the proceedings concerning them. These persons are then deemed to have been referred to the criminal court and may be tried there in absentia.
This chapter shall not apply where the absence of the accused, without a valid excuse, is established at the opening of the hearing or, at any time during the proceedings, before the Assize Court designated following the appeal lodged by the accused. In this case, the trial shall proceed or continue to its conclusion, in accordance with Chapters VI and VII of this Title, with the exception of the provisions…
The judgments of conviction handed down by the assize court at first instance may be appealed against under the conditions laid down in this chapter. This appeal shall be brought before another assize court, which shall re-examine the case in the manner and under the conditions provided for in Chapters II to VIII of this Title.
The right to appeal belongs: 1° To the accused; 2° To the public prosecutor; 3° To the person civilly liable, as regards his civil interests; 4° To the civil party, as regards his civil interests; 5° In the event of an appeal by the public prosecutor, to the public authorities, in cases where they are exercising the public prosecution. The public prosecutor may also appeal against judgments of acquittal.
The appeal lodged by the accused or the prosecution may state that it does not contest the answers given by the assize court on guilt and that it is limited to the decision on sentence. In this case, only witnesses and experts whose testimony is necessary to enlighten the assessors and jurors about the facts committed and the personality of the accused shall be heard before the assize court ruling…
Even if it has not lodged an appeal, the civil party is notified by any means of the date on which the case is due to be heard.
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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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