Where the court rules by judgment separate from the judgment on the merits, the appeal is immediately admissible if that judgment puts an end to the proceedings. If this is not the case and until the time limits for appeal have expired, the judgment is not enforceable and the court cannot rule on the merits. If no appeal has been lodged or if, before the expiry of the time limits…
The clerk of the court shall notify the president of the court of the filing of such application. The judgment shall not be enforceable and the court may not rule on the merits until a decision has been made on the said application. As soon as the court clerk has received the appeal and the application he shall forward the latter to the president of the criminal appeals chamber together…
The case is devolved to the Court of Appeal within the limits set by the notice of appeal in accordance with the second paragraph of Article 502 and by the status of the appellant as set out in Article 515. Where the limitation of the scope of the appeal on the public prosecution to the sentences handed down has not been made by the defendant’s lawyer or by the defendant…
The accused must appear before the Criminal Appeals Chamber within four months of either the appeal, if the accused is detained, or the date on which the accused was subsequently remanded in custody, pursuant to the decision handed down at first instance. However, if the hearing on the merits of the case cannot be held before the expiry of this time limit, the President of the Chamber may, in exceptional…
The criminal appeals chamber is composed of a chamber president and two councillors. The functions of the public prosecutor are performed by the public prosecutor or by one of his advocates general or his substitutes; those of the registry by a registrar of the court of appeal. However, where the contested judgment has been delivered in accordance with the procedures provided for in the third paragraph of Article 398 or…
The number and day of correctional hearings are fixed at the end of each judicial year for the following judicial year by a joint decision of the first president and the public prosecutor taken after consulting the general assembly of the court of appeal. If necessary, this decision may be modified under the same conditions during the year. If it is impossible to reach a joint decision, the number and…
The rules enacted for the criminal court are applicable before the court of appeal, including the provisions of the penultimate paragraph of article 464, subject to the following provisions.
The appeal is heard at the hearing on the oral report of an adviser; the accused is questioned. Witnesses called by the accused are heard in accordance with the rules set out in articles 435 to 457. The public prosecutor may object if these witnesses have already been heard by the court. The court rules before any debate on the merits. After the appellant or his representative has summarily stated…
If the court considers that the appeal is untimely or irregularly lodged, it declares it inadmissible. If it considers that the appeal, although admissible, is unfounded, it confirms the contested judgment.
The court may, on the appeal of the public prosecutor, either confirm the judgment or reverse it in whole or in part in a manner favourable or unfavourable to the accused. The court may not, on the sole appeal of the accused, the person civilly liable, the civil party or the insurer of any of these persons, aggravate the fate of the appellant. The civil party may not, on appeal,…
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75001, Paris France
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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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