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Showing 3961–3970 of 60748 articles for “Art. CE 11-5-2021 n° 440044 and 440045”
The pleadings shall contain the grounds of cassation and refer to the legal texts whose infringement is alleged. They are drawn up on a stamp, unless the applicant is a person sentenced to a criminal…
Such decisions shall be declared null and void where they are not given by the prescribed number of judges or where they have been given by judges who did not attend all the hearings in the case. Wher…
Where the sentence handed down is the same as that imposed by the law applicable to the offence, no one may seek to have the judgment set aside on the pretext that there has been an error in the citat…
…accused is not admissible to present as a means of cassation the nullities committed in first instance if he did not raise them before the court of appeal, with the exception of nullity on the ground…
The provisions of articles 400 to 405,406 to 408, are applicable to proceedings before the police court. However, the penalties provided for by Article 404, paragraph 2, may only be ordered by the cri…
If the accused benefits from a legal cause for exemption from punishment, the Police Court shall find him guilty and exempt him from punishment. Where applicable, it shall rule on the civil action as…
After the expiry of this period, the plaintiff who has been convicted of a criminal offence may send his statement of case directly to the registry of the Cour de cassation; the other parties may not…
…cquittal judgments mentioned in article 363 if the decision was made on the basis of the non-existence of a criminal law that would nevertheless have existed.
Rulings by the investigating chamber and final rulings and judgments handed down by the trial courts, when they are in the form prescribed by law, may only be quashed for breach of the law..
Judgments of the investigating chamber, as well as final judgments and rulings, are declared void if they do not contain reasons or if their reasons are insufficient and do not allow the Cour de cassa…
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