French Code of Criminal ProcedureIn force
Section 3: Publicity and policing of the hearing
Article 401
The chairman is responsible for policing the hearing and directing the proceedings.
AI translation · Updated 8 Nov 2023Open Article
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Showing 2341–2350 of 55438 articles for “Art. Cass. 3e civ. 4-2-2009 n° 08-10.723”
The chairman is responsible for policing the hearing and directing the proceedings.
If the court finds that the act constitutes an offence, it shall impose the penalty. It shall rule, where appropriate, on the civil action, and may order the provisional payment, in whole or in part,…
A judgment rejecting an application for restitution may be appealed against by the person who made the application.A judgment granting restitution may be appealed against by the public prosecutor and…
If the court grants restitution, it may take any precautionary measures to ensure the representation of the returned objects until a final decision on the merits.
The judgment pronounced by default shall be served by bailiff's writ, in accordance with the provisions of articles 550 et seq.
If the offence is a contravention related to a délit, the court shall rule in a single judgment, with a right of appeal against the whole.
If the accused benefits from a legal cause for exemption from punishment, the court shall find him guilty and exempt him from punishment. It shall rule, where appropriate, on the civil action, as set…
Any person other than the accused, the civil party or the person civilly liable who claims to have a right to objects placed in the hands of the law may also claim their return from the court hearing…
When the Court of Appeal is seised of the merits of the case, it has jurisdiction to rule on restitution under the conditions set out in articles 478 to 481. The Court of Appeal may refuse restitution…
If the act referred to the correctional court as a misdemeanour is likely to result in a criminal penalty, the court shall refer the public prosecutor to proceed in such manner as it shall advise. It…
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