An application for the disqualification of a judge of the Court of Cassation hearing a criminal case must state the reasons on which it is based; it is lodged with the court registry. The assistance of a lawyer is not compulsory.
The competent chamber shall rule within one month of the lodging of the application at the registry, after the challenged magistrate has made his observations. For the remainder, the provisions of Book II, Title XX, of the Code of Civil Procedure shall be observed.
Subject to the provisions of articles 342 and 457, offences committed at the hearing shall be tried, ex officio or at the request of the public prosecutor, in accordance with the following provisions, notwithstanding any special rules of jurisdiction or procedure.
If a police offence is committed during the hearing, the tribunal or court shall draw up a report of the offence, hear the accused, the witnesses, the public prosecutor and, where appropriate, the defence counsel, and shall apply without delay the penalties laid down by law.
If the act committed during the hearing of a correctional tribunal or court is a misdemeanour, it may be proceeded with as stated in the previous article. In this case, if the sentence pronounced is more than one month’s imprisonment, a committal order may be issued. If the act, qualified as a misdemeanour, has been committed at a police court hearing, the president shall draw up a report, which he…
If the act committed is a crime, the court or tribunal, after having the perpetrator arrested, questions him and draws up a report of the facts; this court transmits the documents and orders the perpetrator to be brought immediately before the competent public prosecutor, who requests that an investigation be opened. .
The perpetrators or accomplices of offences committed outside the territory of the Republic may be prosecuted and tried by the French courts either when, in accordance with the provisions of Book I of the Penal Code or another legislative text, French law is applicable, or when an international convention or an act adopted in application of the treaty establishing the European Communities gives the French courts jurisdiction over the offence….
In application of the international conventions referred to in the following articles, any person who is guilty outside the territory of the Republic of one of the offences listed in these articles may be prosecuted and tried by the French courts, if he is in France. The provisions of this article shall apply to attempts to commit these offences, whenever such attempts are punishable.
For the application of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted in New York on 10 December 1984, may be prosecuted and tried under the conditions laid down in Article 689-1 any person guilty of torture within the meaning of Article 1 of the convention.
For the application of the European Convention on the Suppression of Terrorism, signed in Strasbourg on 27 January 1977, and of the Agreement between the Member States of the European Communities on the application of the European Convention on the Suppression of Terrorism, done at Dublin on 4 December 1979, any person guilty of any of the following offences may be prosecuted and tried under the conditions laid down in…
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
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
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
Resources
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
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.
