NULLITY OF PROCEDURE FOR A LAWYER




The criminal Chamber of the Cour de cassation, June 06, 2012, prohibited the judges to raise ex officio the nullity of either the citation or the criminal procedure.

A local court, the criminal, has cancelled a notice of contravention on the grounds that the agent was not competent in this case to verbalize. This cancellation was not requested by the accused.

The Court of cassation quashed and annulled the judgment of the local court.

She first recalled that exceptions from the nullity of either the quote or the earlier proceeding must necessarily be presented before any defence on the merits (article 385 of the Code of criminal procedure).

It was concluded that only the accused persons or their Lawyers may raise the nullity of the proceedings but certainly not the judges themselves.

The conclusion is simple : if an act of the procedure is null and void (official report, hearing, finding, quote…), the criminal judge will have to proceed further and condemn, if the accused does not give rise to nullity of the procedure.

The council is, of course, still more simple : it is necessary to study carefully all the documents of the procedure, because it is impossible to rely on the court to raise pleas of nullity and to ” save the offender “.

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