The statement of appeal must be made at the registry of the assize court which handed down the contested decision. It must be signed by the registrar and by the appellant himself, by a lawyer, or by a special proxy; in the latter case, the proxy is appended to the document drawn up by the registrar. If the appellant is unable to sign, this will be noted by the registrar….
Where the appellant is a prisoner, the appeal may be made by means of a declaration to the head of the prison. This declaration shall be recorded, dated and signed by the head of the penal establishment. It is also signed by the appellant; if the appellant is unable to sign, this is noted by the head of the establishment. The original or a copy of this document shall be…
After taking written observations from the public prosecutor and the parties or their lawyers, the first president of the court of appeal shall designate the assize court responsible for deciding the appeal from among the other assize courts within the jurisdiction of the court of appeal. However, if the public prosecutor or one of the parties so requests or if the first president deems it necessary to designate an assize…
If the appeal has not been lodged within the time limits laid down by law or relates to a judgment that is not subject to appeal, the First President of the Court of Appeal or the President of the Criminal Division of the Court of Cassation declares that there are no grounds for appointing an Assize Court to hear the appeal.
By way of derogation from Chapters I to V of Subtitle I of this Title, adults accused of a crime punishable by fifteen years or twenty years of criminal imprisonment, when it is not committed in a state of legal recidivism, shall be tried at first instance by the departmental criminal court. This court shall also have jurisdiction to try related offences. This court shall also have jurisdiction to try…
The departmental criminal court, which sits in the same place as the assize court or, by way of exception and under the conditions set out in article 235, in another judicial court in the same département, is made up of a president and four assessors, chosen by the first president of the court of appeal, in the case of the president, from among the presidents of chambers and councillors in…
At the suggestion of the public prosecutor, the hearing of the departmental criminal court is set by its president or, at the request of the public prosecutor, by the first president of the court of appeal.
The departmental criminal court shall apply the provisions of this code relating to the assize courts subject to the following reservations: 1° No account shall be taken of provisions that mention the jury or jurors; 2° The powers conferred on the assize court shall be exercised by the departmental criminal court and those conferred on the president of the assize court shall be exercised by the president of the departmental…
If the departmental criminal court considers, during or after the hearings, that the facts before it constitute a crime punishable by thirty years’ imprisonment or life imprisonment, it refers the case to the assize court. If the accused appeared in custody, he shall remain in pre-trial detention until his appearance before the assize court; otherwise, the departmental criminal court may, after hearing the public prosecutor and the parties or their…
An appeal against the decisions of the departmental criminal court shall be heard by the assize court under the conditions laid down in subtitle I of this title for appeals against judgments handed down by assize courts of first instance.
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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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