Call Us + 33 1 84 88 31 00

Article 398-1 of the French Code of Criminal Procedure

The following offences shall be tried in accordance with the conditions laid down in the third paragraph of Article 398, when they are punishable by a sentence of less than or equal to five years’ imprisonment: 1° The offences listed below, provided for in the following provisions of the penal code : – violence as provided for in articles 222-11, 222-12, 222-13 and 222-14-5; – malicious calls or messages and…

Read More »

Article 398-2 of the French Code of Criminal Procedure

Where the criminal court, in its composition provided for in the third paragraph of Article 398, finds that the classification used in the document referred to it does not fall within the provisions of Article 398-1, it shall refer the case to the criminal court sitting under the conditions provided for in the first paragraph of Article 398. Where the Criminal Court, in its composition provided for by the first…

Read More »

Article 399 of the French Code of Criminal Procedure

The number and day of correctional hearings are set by joint decision of the president of the judicial court and the public prosecutor. The same applies to the provisional composition of these hearings, without prejudice to the public prosecutor’s own powers with regard to hearings. The decisions provided for in this article shall be taken, after consultation with the general meeting of the court, at the end of the judicial…

Read More »

Article 400 of the French Code of Criminal Procedure

Hearings shall be held in public. However, the court may, on finding in its judgment that publicity is dangerous to order, the serenity of the proceedings, the dignity of the person or the interests of a third party, order, by judgment given in open court, that the proceedings shall be held in camera. Where proceedings have been ordered to be held in camera, this shall apply to the delivery of…

Read More »

Article 400-1 of the French Code of Criminal Procedure

For the trial of the war crimes mentioned in Chapter I of Book IV bis of the Criminal Code and the crimes mentioned in Article 706-73 of this code, the court may, by judgment given in open court, order that a witness be heard in camera for the duration of the hearing if the witness’s public testimony is likely to seriously endanger his life or physical integrity or those of…

Read More »

Article 404 of the French Code of Criminal Procedure

When, during the hearing, one of the assistants disturbs order in any way whatsoever, the President shall order his expulsion from the courtroom. If, during the execution of this measure, he resists this order or causes an uproar, he shall, forthwith, be placed under a committal order, tried and punished by two years’ imprisonment, without prejudice to the penalties laid down in the Penal Code against the perpetrators of contempt…

Read More »

Article 405 of the French Code of Criminal Procedure

If order is disturbed at the hearing by the accused himself, the provisions of Article 404. The accused, even if free, when expelled from the courtroom, is kept by the police at the disposal of the court until the end of the proceedings. He is then taken back to the hearing, where the judgment is delivered in his presence.

Read More »

Contact a French lawyer now

Contact a French Business Lawyer

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.

Useful links

You have a question in French Business Law?

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.