Article 380-3 of the French Code of Criminal Procedure
November 8, 2023
The assize court ruling on appeal on the public prosecution may not, on the sole appeal of the accused, aggravate the latter’s fate.
The assize court ruling on appeal on the public prosecution may not, on the sole appeal of the accused, aggravate the latter’s fate.
The accused must appear before the assize court ruling on the appeal of the public prosecution within one year from either the appeal, if the accused is detained, or the date on which the accused was subsequently remanded in custody pursuant to the decision handed down at first instance. However, if the hearing on the merits of the case cannot be held before the expiry of this period, the president…
During the time limits for appeal and during the appeal proceedings, enforcement of the judgment on the public prosecution is stayed. However, the judgment of the Assize Court shall continue to have effect against the person sentenced to a custodial sentence in accordance with the provisions of the second paragraph of Article 367.
Where the Assize Court is not seised of the appeal against the judgment handed down on the public prosecution, the appeal lodged by a party against the judgment handed down on the civil action alone shall be brought before the Criminal Appeals Chamber. The articles 380-14 and 380-15 are not applicable.
The assize court ruling on appeal on the civil action may not, on the sole appeal of the accused, the civilly liable person or the civil party, aggravate the fate of the appellant. The civil party may not, on appeal, make any new claim; however, it may request an increase in damages for loss suffered since the first decision. Even where no appeal has been lodged against the decision on…
During the time limits for appeal and during the appeal proceedings, enforcement of the judgment on the civil action shall be stayed, subject to the provisions of article 374.
Where the assize court ruling at first instance on the civil action has ordered the provisional payment, in whole or in part, of the damages awarded, such provisional enforcement may be halted, on appeal, by the first president, ruling in summary proceedings if it is likely to entail manifestly excessive consequences. The first president may make the suspension of provisional enforcement subject to the provision of a guarantee, real or…
The appeal shall be lodged within ten days of the delivery of the judgment. However, the time limit shall run only from the service of the judgment, by whatever method, on the party who was not present or represented at the hearing where the judgment was delivered, but only in the event that he or his representative was not informed of the day on which the judgment would be delivered.
In the event of an appeal by one party, within the above time limits, the other parties shall have a further five days in which to lodge an appeal.
The accused may withdraw his appeal until he is questioned by the presiding judge as provided by Article 272. This withdrawal invalidates any cross-appeals lodged by the public prosecutor or the other parties. In all cases, the public prosecutor may always withdraw his appeal lodged after that of the accused if the latter withdraws. Withdrawal of the appeal is recorded by order of the first president of the court of…
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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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