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Showing 1381–1390 of 59430 articles for “Art. Cass. 1ère civ. 5-1-2023”
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. T…
If the judgment is set aside because the court considers that the fact is of such a nature as to entail a criminal penalty, the court of appeal shall declare itself incompetent. It shall refer the Pub…
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 sol…
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…
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 jud…
If the judgment is reversed because the court considers that the defendant benefits from a legal cause for exemption from punishment, it shall comply with the provisions of Article 468.
If the judgment is set aside for violation or unremedied omission of forms prescribed by law on pain of nullity, the court shall evoke and rule on the merits..
If the bailiff does not find anyone at the domicile of the person to whom the writ relates, he shall immediately verify the accuracy of that domicile. When the address indicated is indeed that of the…
A warning issued by the public prosecutor dispenses with a summons if it is followed by the voluntary appearance of the person to whom it is addressed. It indicates the offence prosecuted and refers t…
Where the applicant for judicial review is a prisoner, the appeal may be lodged by means of a declaration to the head of the prison. This declaration is recorded, dated and signed by the head of the p…
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