Regulatory part - Council of State decrees

In the month following the expiry of the fifteen-day period provided for in Article R. 40-12 or the last paragraph of article R. 40-13, the chairman of the committee shall appoint a rapporteur from among the members of the committee.

Where it is clear that the person lodging the appeal lodged it after the expiry of the ten-day period provided for in Article 149-3, the chairman of the committee may, after notifying the persons listed at 1° to 3° of Article R. 40-4, decide that there is no need for further investigation or for the acts provided for in Articles R. 40-8 to R. 40-15. He may proceed in the…

On the day of the hearing, after the report, the applicant and the judicial agent of the State or their respective lawyers are heard in their observations, whichever of the persons listed in 1° and 2° of Article R. 40-4 who is the author of the appeal or his lawyer who has the floor first. Where the appeal has been lodged by the public prosecutor at the court of appeal,…

The commission’s decision is given in open court. This decision is notified to the claimant and the judicial agent of the State either by delivery of a copy against receipt, or by registered letter with acknowledgement of receipt. A copy of the decision is given to the public prosecutor at the Cour de cassation. A copy of the decision is also sent, at the Ministry of Justice, to the commission…

If the commission awards an advance or compensation in an amount greater than that set by the decision of the first president of the court of appeal, its payment to the claimant is, notwithstanding the provisions of article R. 233, carried out by the Regional Director of Public Finances for Ile-de-France and the Paris department.

If the application is dismissed, the appellant shall be ordered to pay the costs, unless the commission relieves him of them in whole or in part. The commission’s decision shall entail compulsory execution for payment of the costs. The provisions of this article shall not apply where the appeal has been lodged by the public prosecutor at the court of appeal.

The file of the criminal proceedings is returned, together with a copy of the decision, to the first president of the court of appeal for transmission to the court that handed down the decision to dismiss, acquit or acquit. A copy of the decision is also sent to the public prosecutor at the court of appeal.