If the accused benefits from a legal cause for exemption from punishment, the court shall find him guilty and exempt him from punishment. It shall rule, where appropriate, on the civil action, as set out in the second and third paragraphs of Article 464.
If the act referred to the correctional court as a misdemeanour is likely to result in a criminal penalty, the court shall refer the public prosecutor to proceed in such manner as it shall advise. It may, after hearing the Public Prosecutor, issue, by the same decision, a committal or arrest warrant against the accused. The provisions of the two preceding paragraphs shall also apply if the criminal court, in…
Notwithstanding the provisions of the first paragraph of Article 464, the court may, after finding the accused guilty, either exempt him or her from sentencing or defer sentencing under the conditions set out in Articles 132-59 to 132-70 of the Penal Code and articles 747-3 and 747-4 of this Code. It shall rule on any civil action. The exemption from punishment excludes the application of provisions providing for prohibitions, disqualifications…
If the court considers that the act prosecuted does not constitute an offence under criminal law, or that the act is not established, or that it is not attributable to the accused, it shall dismiss the prosecution.
The court hearing, on the initiative of the public prosecutor or on referral from an investigating court, proceedings brought for a non-intentional offence within the meaning of the second, third and fourth paragraphs of article 121-3 of the Criminal Code, and which acquits the defendant, remains competent, at the request of the civil party or his insurer made before the close of the proceedings, to award, pursuant to the rules…
The criminal court may not acquit the accused on the basis of one of the grounds of lack of criminal responsibility provided for by articles 122-2,122-3,122-4,122-5 and 122-7 of the Penal Code only after finding that the person had committed the acts of which they were accused. If it considers that the first paragraph of Article 122-1 of the Criminal Code is applicable, it shall rule in accordance with Article…
Notwithstanding an appeal, a detained defendant who has not been sentenced to an unsuspended term of imprisonment shall be released immediately after the judgment. The same shall apply in the event of a prison sentence where pre-trial detention has been ordered or maintained pursuant to Article 464-1 or Article 465, first paragraph, as soon as the period of detention has reached that of the sentence imposed. Judicial supervision ends unless…
In the case provided for in Article 470, where the civil party has itself initiated the public prosecution, the court shall rule by the same judgment on the claim for damages made by the person acquitted against the civil party for abuse of civil party status.
If the court has not issued a committal order with deferred effect in application of 3° of I of article 464-2, in the event of a non-incarcerated person being sentenced to a term of imprisonment of less than or equal to one year or for whom the remaining period of detention is less than or equal to one year, If the convicted person is present at the end of the…
In the event of an award of damages, where articles 706-15-1 and 706-15-2 are applicable, the convicted person present at the end of the hearing is informed that in the absence of voluntary payment within two months of the date on which the decision becomes final, recovery may, if the victim so requests, be recovered by the Fonds de garantie des victimes des actes de terrorisme et d’autres infractions (Guarantee…
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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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