Article 415 of the French Code of Criminal Procedure
November 8, 2023
The person civilly liable may always be represented by a lawyer. In this case, the judgment is contradictory with regard to him.
The person civilly liable may always be represented by a lawyer. In this case, the judgment is contradictory with regard to him.
If the accused cannot, due to his state of health, appear before the court and if there are serious reasons not to defer the judgment of the case, the court orders, by special reasoned decision, that the accused, possibly assisted by his lawyer, will be heard at his home or at the prison in which he is being held, by a magistrate appointed for this purpose, accompanied by a court…
The accused who appears has the option of being assisted by a defence counsel. If the accused has not chosen a defence counsel before the hearing, the president shall inform him, if he has not received this information before the hearing, that he may, at his request, have a defence counsel appointed by the court. If the accused makes this request, the president shall appoint a defence counsel ex officio….
Any person who, in accordance with Article 2, claims to have been injured by an offence may, if he has not already done so, bring a civil action at the hearing itself. The assistance of a lawyer is not compulsory. The civil action may, in support of its constitution, claim damages corresponding to the injury caused to it.
The declaration of civil party status is made either before the hearing at the clerk’s office, or during the hearing by a declaration recorded by the clerk or by the filing of pleadings.
When made before the hearing, the statement of civil party must specify the offence being prosecuted and contain an election of domicile within the jurisdiction of the court seised, unless the civil party is domiciled there. It is immediately transmitted by the court clerk to the public prosecutor, who cites the civil party for the hearing.
By way of derogation from the preceding provisions, any person who claims to have been injured may bring a civil action, directly or through his lawyer, by registered letter with acknowledgement of receipt, by fax or by electronic communication received by the court at least twenty-four hours before the date of the hearing, where he is seeking either the return of objects seized or damages; he shall attach to his…
The decision rendered on the claim for restitution of seized objects or for damages presented in accordance with the provisions of article 420-1 has all the effects of an adversarial decision; it is served on the civil party by bailiff in accordance with the provisions of articles 550 et seq.
At the hearing, the civil party’s statement must, on pain of inadmissibility, be made before the prosecution’s submissions on the merits or, if the court has ordered an adjournment of sentencing, before the prosecution’s submissions on sentencing. .
A person who has joined as a civil party may no longer be heard as a witness. However, the civil party is treated in the same way as a witness as regards the payment of compensation, unless the court decides otherwise.
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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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