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Showing 561–570 of 14564 articles for “Art. 6 déc. 2004”
When the Cour de cassation quashes a judgment or ruling handed down in a criminal or police matter, it shall refer the proceedings and the parties back to a court of the same order and degree as the o…
Revision of a final criminal judgment may be requested for the benefit of any person convicted of a felony or misdemeanour where, after conviction, a new fact occurs or a factor unknown to the court o…
The Court of Cassation, in any criminal, correctional or police case, may rule on the appeal immediately after the expiry of a period of ten days from receipt of the case file. It must rule as a matte…
When the referral has been made to an investigating chamber, the latter shall designate, where appropriate, the trial court within its jurisdiction. However, the Cour de cassation may designate in adv…
The application for revision or reconsideration is submitted to the Court of Revision and Reconsideration. This court is made up of eighteen magistrates from the Cour de cassation, including the presi…
In the deliberations of the court, opinions are collected by the president, following the order of appointment, beginning with the most senior councillor. The rapporteur always opines first and the pr…
Where a judgment or ruling is set aside for breach of the essential procedural requirements prescribed by law, a copy of the decision shall be forwarded to the Minister of Justice.
The judgment which has dismissed the application for judicial review, or has pronounced the judicial review without referral, shall be delivered, within three days, to the Public Prosecutor at the Cou…
The Cour de cassation, before ruling on the merits, investigates whether the appeal has been properly lodged. If it considers that the legal conditions have not been met, it issues, depending on the c…
Unless otherwise decided by the Cour de cassation, a judgment recording the withdrawal of a party shall be registered free of charge.
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