Provisions relating to judgment
LexInter | October 6, 2016 | 0 Comments

Provisions relating to judgment

Section 1

Provisions relating to the judgment of misdemeanors

Article 128

I- The second sentence of the sixth paragraph of Article 41 of the Code of Criminal Procedure reads as follows:

“These procedures must be prescribed before any request for placement in pre-trial detention, in the event of prosecution against an adult under the age of twenty. and one year at the time of the commission of the offense, when the penalty incurred does not exceed five years of imprisonment, and in the event of prosecution according to the procedure for immediate appearance provided for in articles 395 to 397-6 or according to the procedure appearance on prior admission of guilt provided for in Articles 495-7 to 495-13.”
II.- In the third paragraph of article 394 of the same code, the words: “the president of the court or the judge delegated by him” are replaced by the words:
III. – Article 396 of the same code is amended as follows:
1 ° In the second paragraph, the words: “after having taken the statements of the accused, his lawyer having been notified, and” are deleted and the words: “if there is place ”are replaced by the words:“ unless they have already been carried out ”;
2 ° In the penultimate sentence of the third paragraph, the words: “second working day” are replaced by the words: “third working day”;
3 ° The last paragraph reads as follows:
“If the judge considers that pre-trial detention is not necessary, he can subject the accused, until his appearance in court, to one or more obligations of judicial control. The public prosecutor then notifies the person concerned of the date and time of the hearing according to the modalities provided for in the first paragraph of article 394. ”
IV. – Article 397-1 of the same code is supplemented by a paragraph worded as follows:
“In the cases provided for by this article, the accused or his lawyer may ask the court to order any information act he considers necessary to the manifestation of the truth relating to the alleged facts or to the personality of the person concerned. The court which refuses to grant this request must render a reasoned judgment. ”

Article 129

The 5 ° of Article 398-1 of the Code of Criminal Procedure is thus amended:

1 ° The references: “222-12 (1 ° to 10 °), 222-13 (1 ° to 10 °)” are replaced by the references: “222-12 (1 ° to 13 °) and 222-13 (1 ° to 13 °);
2 ° After the reference: “222-32”, the reference is inserted: “225-10-1”;
3 ° The reference: “322-4” is replaced by the reference: “322-4-1”;
4 ° The reference: “433-3, first paragraph” is replaced by the reference: “433-3, first and second paragraph”.

Article 130

After the 7 ° of article 398-1 of the code of criminal procedure, a 7 ° bis is inserted as follows:
“7 ° bis The offense provided for by article L. 126-3 of the construction and construction code housing; “.

Article 131

I- Article 399 of the Code of Criminal Procedure reads as follows:
“Art.399. – The number and the day of the correctional hearings are fixed by joint decision of the president of the tribunal de grande instance and the public prosecutor.
“The same applies to the provisional composition of these hearings, without prejudice to the specific powers of the public prosecutor in matters of hearing.
“The decisions provided for in this article are taken, after notice of the general assembly of the court, at the end of the judicial year for the following judicial year, and may, if necessary, be modified during the year. under the same conditions.
“If it is impossible to reach joint decisions, the number and date of correctional hearings are fixed by the president of the high court, and the provisional composition of these hearings is determined by the public prosecutor alone, after opinion of the first president of the court of appeal and of the general prosecutor.”
II. – Subsection 4 bis of section 3 of chapter I of title I of book III of the code of judicial organization is repealed.

Article 132

In the second paragraph of Article 400 of the Code of Criminal Procedure, the words: “or morals” are replaced by the words: “, the serenity of the debates, the dignity of the person or the interests of a third party”.

Article

I- Article 410 of the Code of Criminal Procedure is thus amended:
1 ° In the second paragraph, the words: “is judged contradictorily” are replaced by the words: “is judged by contradictory judgment to be served, unless it is apply the provisions of article 411 ”;
2 ° It is supplemented by a paragraph worded as follows:
“If a lawyer appears to defend the accused, he must be heard if he so requests, even except in the case provided for by article 411.”
II.- Article 410-1 of the same code is thus amended:
1 ° The first paragraph is completed by the words: “or arrest warrant”;
2 ° The second and third paragraphs are replaced by a paragraph worded as follows:
“If the accused is arrested following the warrant of arrest or arrest, the provisions of article 135-2 are applied.However, in the event that the person is placed in pre-trial detention by the judge of freedoms and detention, he must appear as soon as possible, and at the latest within one month, before the criminal court, for lack of what she is released. ”
III. – Article 411 of the same code reads as follows:
“Art. 411. – Whatever the penalty incurred, the accused may, by letter addressed to the president of the court and which will be attached to the file of the proceedings, ask to be tried in his absence by being represented during the hearing by his lawyer. or by an officially appointed lawyer. These provisions are applicable regardless of the conditions under which the accused was summoned.
“The defendant’s lawyer, who can intervene during the proceedings, is heard in his pleadings and the defendant is then judged contradictorily.
“If the court deems it necessary for the accused to appear personally, it can postpone the case to a subsequent hearing by ordering this appearance. The public prosecutor then proceeds to a new summons of the accused.
“The defendant who does not respond to this new quote can be judged contradictorily if his lawyer is present and heard. The court may also, if necessary, after having heard the observations of the lawyer, return the case again by applying the provisions of article 410-1.
“When the defendant’s lawyer who has requested that the provisions of this article be applied is not present during the hearing, the defendant is, unless the case is referred, judged by contradictory judgment to signify. ”
IV. – Article 412 of the same code reads as follows:
“Art. 412. – If the summons has not been issued to the person of the accused, and if it is not established that he was aware of the summons, the decision, in the event of the accused’s non-appearance, is rendered by default, unless the provisions of article 411 are applied.
“In all cases, if a lawyer appears to defend the accused, he must be heard if he so requests. The judgment is then contradictory to be served, unless article 411 has been applied.
“In all cases, the court may, if it considers it necessary, remit the case to a subsequent hearing, in applying, where applicable, the provisions of article 410-1. ”
V. – In article 416 of the same code, the words: “, whatever the rate of the penalty incurred” are deleted.
VI. – The last paragraph of article 465 of the same code reads as follows:
“If the person is arrested following the arrest warrant and it is a judgment rendered by default, the provisions of article 135-2. ”
VII. – Article 498 of the same code is thus amended:
1 ° The 2 ° and 3 ° are worded as follows:
“2 ° For the accused who was tried in his absence, but after hearing a lawyer who appeared to ensure his defense, without however being the holder of a representation mandate signed by the accused;
“3 ° For the accused who has not appeared in the case provided for by the fifth paragraph of article 411, when his lawyer was not present. “;
2 ° The last paragraph is completed by the words: “subject to the provisions of article 498-1”.
VIII. – After article 498 of the same code, an article 498-1 is inserted as follows:
“Art. 498-1. – For a judgment convicting a term of firm imprisonment or a term of imprisonment with a partial suspension, rendered under the conditions provided for in Article 410 and which has not been served on anyone, the time limit of appeal does not run from the service of the judgment made at home, town hall or public prosecutor’s office except subject to the provisions of the second paragraph. The judgment is enforceable at the
“If it does not result either from the notice recording the delivery of the registered letter or receipt provided for in Articles 557 and 558, or from any act of execution or from the notice given in accordance with Article 560 , that the accused has been informed of the service, the appeal, both with regard to civil interests and the criminal conviction, remains admissible until the expiry of the limitation periods for the sentence, the current appeal period from the date on which the accused learned of the conviction. ”
IX. – In the second paragraph of article 492 of the same code, the words: “provided for in articles 557 and 558, paragraph 3” are replaced by the words: “or the receipt provided for in articles 557 and 558”.
X. – The 2 ° and 3 ° of the
“2 ° For the accused who was tried in his absence, but after hearing a lawyer who appeared to ensure his defense, without however being the holder of a representation mandate signed by the accused;
“3 ° For the accused who has not appeared, either in the cases provided for by article 410, or in the case provided for by the fifth paragraph of article 411, when his lawyer was not present; “.
XI. – Article 568 of the same code is supplemented by a paragraph worded as follows:
“The provisions of article 498-1 are applicable to determine the starting point of the time limit for appealing to the cassation of the person sentenced to a prison sentence. firm or a prison sentence with a partial suspension. ”
XII. – Articles 840,

Article 134

The fourth paragraph of Article 464 of the Code of Criminal Procedure is supplemented by a sentence worded as follows:
“At this hearing, the court is composed of the sole president sitting as a single judge. “

Article 135

I- The first paragraph of Article 495 of the Code of Criminal Procedure is completed by the words: “, the related contraventions provided for by this code and offenses relating to regulations relating to land transport”.
II.- The second paragraph of article 495-3 of the same code is supplemented by a sentence worded as follows:
“It can also be brought to the attention of the accused by the public prosecutor, directly or through a person empowered.”
III. – In 1 ° of article 1018 A of the general tax code, after the words: “penal ordinances”, the words: “in contraventional or correctional matters” are inserted.

Article 136

The last paragraph of article 495-6 of the Code of Criminal Procedure is supplemented by a sentence worded as follows:
“At this hearing, the court is composed of the sole president sitting as a single judge. “

Article 137

I- Chapter I of Title II of Book II of the Code of Criminal Procedure is supplemented by a Section 8 worded as follows:

” Section 8

“Appearance on prior

admission of guilt

“Art. 495-7. – For offenses punishable primarily by a fine or imprisonment for a period less than or equal to five years, the public prosecutor may, ex officio or at the request of the ” interested party or his lawyer, resort to the procedure of appearance on prior admission of guilt in accordance with the provisions of this section with regard to any person summoned for this purpose or brought before him in application of the provisions of article 393, when this person acknowledges the facts with which he is accused.
“Art. 495-8. – The public prosecutor may suggest that the person execute one or more of the main or additional penalties incurred; the nature and quantum of the penalty (s) are determined in accordance with the provisions of article 132-24 of the penal code.
“When a prison sentence is proposed, its duration cannot be more than one year nor exceed half of the prison sentence incurred. The prosecutor can propose that it be combined in whole or in part with the stay. He may also propose that it be the subject of one of the management measures listed in article 712-6. If the public prosecutor proposes a fixed prison sentence, he specifies to the person whether he intends that this sentence be immediately carried out or if the person will be summoned before the judge of the application of sentences to be determined. the modalities of its execution, in particular day parole, work release or placement under electronic surveillance.
“When a fine is proposed, its amount cannot be greater than that of the fine incurred. It can be accompanied by the stay.
“The statements by which the person acknowledges the facts with which he is accused are collected, and the sentence proposal is made by the public prosecutor, in the presence of the lawyer of the interested party chosen by him or, at his request, appointed by the president of the Bar Association, the interested party being informed that the costs will be borne by him unless he meets the conditions for access to legal aid. The person cannot waive his right to be assisted by a lawyer. The lawyer must be able to consult the file immediately.
“The person can freely talk to his lawyer, without the presence of the public prosecutor, before making his decision known. She is notified by the public prosecutor that she can ask to have ten days before making known whether she accepts or refuses the proposed sentence (s).
“Art. 495-9. – When, in the presence of his lawyer, the person accepts the proposed sentence (s), he is immediately presented before the president of the high court or the judge delegated by him, seized by the public prosecutor of a request for homologation .
“The president of the tribunal de grande instance or the judge delegated by him hears the person and his lawyer [Provisions declared non-compliant with the Constitution by decision of the Constitutional Council n ° 2004-492 DC of March 2, 2004]. After having verified the reality of the facts and their legal qualification, he may decide to approve the penalties proposed by the public prosecutor. It decides the same day by reasoned ordinance. In the event of approval, this ordinance is read in open court.
“Art. 495-10. – When the person asks to benefit, before deciding on the proposal made by the public prosecutor, from the time limit provided for in the last paragraph of article 495-8, the public prosecutor may present it before the judge of freedoms. and detention for the latter to order his placement under judicial supervision or, exceptionally and if one of the proposed sentences is equal to or greater than two months’ imprisonment and the public prosecutor has proposed that he be placed with immediate execution, his placement in provisional detention, according to the modalities provided for by the last paragraph of article 394 or articles 395 and 396, until he appears again before the public prosecutor. This new appearance must take place within a period of between ten and twenty days from the decision of the judge of freedoms and detention. Failing that, the judicial control or the pre-trial detention of the person concerned is terminated if one of these measures has been taken.
“Art. 495-11. – The order by which the president of the tribunal de grande instance or the judge delegated by him decides to approve the proposed sentence (s) is motivated by the findings, on the one hand, that the person, in the presence of his lawyer, recognizes the facts with which he is accused and accepts the sentence or sentences proposed by the public prosecutor, on the other hand, that this or these sentences are justified in view of the circumstances of the offense and the personality of its author.
“The order has the effects of a judgment of conviction. It is immediately enforceable. When the sanction approved is a fixed prison sentence, the person is, according to the distinctions provided for in the second paragraph of article 495-8, either immediately imprisoned in a remand center, or summoned before the judge responsible for the application of penalties, to whom the order is then sent without delay.
“In all cases, it may be the subject of an appeal by the convicted person, in accordance with the provisions of articles 498, 500, 502 and 505. The public prosecutor may appeal incidentally under the same conditions. Otherwise, it has the effects of a judgment which has become final.
“Art. 495-12. – When the person declares not to accept the proposed sentence (s) or that the president of the tribunal de grande instance or his delegate issues an order refusing approval, the public prosecutor seizes, unless there is new evidence, the correctional court according to the ‘one of the procedures provided for in article 388 or requires the opening of information.
“When the person had been brought before him in application of the provisions of article 393, the public prosecutor may detain him until his appearance before the criminal court or the examining magistrate, which must take place on the same day. , in accordance with the provisions of article 395; if the court meeting is not possible on the same day, the provisions of article 396 are applied. The provisions of this paragraph are applicable even if the person had requested to benefit from a time limit and had been placed in pre-trial detention in application of the provisions of articles 495-8 and 495-10.
“Art. 495-13. – When the victim of the offense is identified, he is informed without delay, by any means, of this procedure. She is invited to appear at the same time as the perpetrator, accompanied if necessary by his lawyer, before the president of the tribunal de grande instance or the judge delegated by him to become a civil party and seek compensation for his damage. The president of the tribunal de grande instance or the judge delegated by him decides on this request, even in the event that the civil party has not appeared at the hearing, in application of article 420-1. The civil party may appeal against the order in accordance with the provisions of articles 498 and 500.
“If the victim has not been able to exercise the right provided for in the preceding paragraph, the public prosecutor must inform him of his right to ask him to cite the author of the facts at a hearing of the criminal court ruling in accordance with the provisions of the fourth paragraph of article 464, of which it will be notified of the date, to enable it to become a civil party. The court then decides on the only civil interests, in view of the file of the procedure which is submitted to the debate.
“Art. 495-14. – Under penalty of nullity of the procedure, a report of the formalities accomplished in application of articles 495-8 to 495-13 is drawn up.
“When the person has not accepted the sentence or sentences proposed or when the president of the tribunal de grande instance or the judge delegated by him has not approved the proposal of the public prosecutor, the report cannot be transmitted to the investigating or trial court, and neither the public prosecutor nor the parties may report to this court statements made or documents submitted during the proceedings.
“Art. 495-15. – The accused who has been the subject, for one of the offenses mentioned in article 495-7, of a direct summons or of a summons to justice in application of the provisions of articles 390 or 390-1 may, either himself or through his lawyer, indicate by registered letter with acknowledgment of receipt sent to the public prosecutor that he acknowledges the facts with which he is accused and request the application of the procedure provided by this section.
“In this case, the public prosecutor may, if he considers it advisable, proceed in accordance with the provisions of articles 495-8 and following, after having summoned the accused and his lawyer as well as, where appropriate, the victim. The direct summons or the summons to court are then null and void, unless the person refuses to accept the proposed sentences or if the president of the high court or the judge delegated by him refuses to approve them when one or the other of these refusals occurs more than ten days before the date of the hearing before the criminal court mentioned in the initial act of prosecution.
“The public prosecutor, when he decides not to apply the provisions of articles 495-8 et seq., Is not required to
“The provisions of this article are not applicable to persons referred to the criminal court by the examining magistrate.
“Art. 495-16. – The provisions of this section are not applicable neither to minors of eighteen years nor in matters of press offenses, offenses of manslaughter, political offenses or offenses for which the prosecution procedure is provided for by a special law. . ”
II. – After article 520 of the same code, an article 520-1 is inserted as follows:
“Art. 520-1. – In the event of an appeal from an order rendered in application of article 495-11, the court raises the case and decides on the merits without being able to pronounce a more severe sentence than that approved by the president of the court or the judge delegated by him, unless there is an appeal by the public prosecutor. ”
III. – Law n ° 91-647 of 10 July 1991 relating to legal aid is thus amended:
1 ° In the penultimate paragraph of article 3, after the words: “civil parties”, the words : “Or when they are the subject of the appearance procedure on prior admission of guilt”;
2 ° The second paragraph of article 7 is completed by the words: “and to the person making the
3 ° The first paragraph of article 10 is supplemented by the words: “and the procedure of appearance on prior admission of guilt provided for by articles 495-7 and following of the code of criminal procedure”;
4 ° Article 47 is supplemented by the words: “or that he is the subject of the appearance procedure on prior admission of guilt”.

Article 138

The Code of Criminal Procedure is thus amended:
1 ° Article 500-1 is thus amended:
a) The first sentence is completed by the words: “if this withdrawal occurs in the forms provided for the declaration of appeal”;
b) It is completed by a sentence worded as follows:
“The withdrawal of an appeal is recorded by order of the president of the correctional appeals chamber. “;
2 ° At the end of the penultimate paragraph of article 380-11, the words: “assize court” are replaced by the words: “criminal chamber of the Court of Cassation when the latter is seized in application of article 380-1 or by order of the president of the Assize Court ”.

Article 139

It is inserted, after article 505 of the code of penal procedure, an article 505-1 as follows:
“Art. 505-1. – When an appeal is made after expiry of the time limits provided for in Articles 498, 500 or 505, when the appeal has become devoid of purpose or when the appellant has withdrawn his appeal, the president of the correctional appeals chamber renders ex officio an order refusing to admit the appeal which is not subject to appeal. “

Article 140

Article 511 of the Code of Criminal Procedure reads as follows:
“Art. 511. – The number and the day of the correctional hearings are fixed at the end of each judicial year for the following judicial year by a joint decision of the first president and the public prosecutor taken after opinion of the general assembly of the court of call.
“If necessary, this decision can be modified under the same conditions during the year.
“If it is impossible to reach a joint decision, the number and day of correctional hearings are fixed by the first president alone. “

Article 141

Article 706-61 of the Code of Criminal Procedure is supplemented by a paragraph worded as follows:
“If the court orders additional information for the purpose of hearing the witness, the latter is heard either by an investigating judge appointed to carry out this additional information, that is, if one of the members of the court has been appointed to carry out this hearing, using the technical device provided for in the previous paragraph. “

Article 142

I- The third paragraph of Article 547 of the Code of Criminal Procedure is supplemented by a sentence worded as follows:
“The court is however composed of the sole president of the correctional appeals chamber, sitting as a single judge.”
II.- In the first paragraph of article 549 of the same code, the references: “510 to 520” are replaced by the references: “511 and 514 to 520”.

Article 143

After the first paragraph of Article 706-71 of the Code of Criminal Procedure, three paragraphs are inserted as follows:
“The provisions of the previous paragraph providing for the use of an audiovisual telecommunication means are applicable before the trial court. for the hearing of witnesses, civil parties and experts.
“These provisions are also applicable to the hearing or questioning by an examining magistrate of a detained person, to the adversarial debate prior to the placement in provisional detention of a person detained for another cause, to the adversarial debate provided for. for the extension of pre-trial detention, for the examination of requests for release by the investigating chamber or the trial court, or for the questioning of the accused before the police court if he is detained for another cause.
“For the application of the provisions of the two preceding paragraphs, if the person is assisted by a lawyer, this one can be with the competent court or with the interested party. In the first case, he must be able to speak with the latter, in a confidential manner, using the audiovisual telecommunication means. In the second case, a copy of the entire file must be made available to him in the detention facilities. “

Article 144

Article 706-72 of the Code of Criminal Procedure is supplemented by a paragraph worded as follows:
“When the local court finds that the qualification retained in the act which refers to it concerns facts falling within the jurisdiction of the police court, it refers the case back to this tribunal after declaring itself incompetent. The same applies when the police court is seized of facts falling within the competence of the local court. This referral can, if necessary, be made to a hearing held on the same day. “

Article 145

The provisions of article 31 of decree n ° 2003-542 of 23 June 2003 relating to local jurisdiction and amending the code of judicial organization, the new code of civil procedure, the code of criminal procedure (second part: Decrees of the Council of State) and Decree No. 91-1266 of December 19, 1991 implementing Law No. 91-647 on legal aid are applicable, subject to judicial decisions having the force of res judicata, proceedings before the police court before September 15, 2003.

Article 146

Article L. 331-9 of the Code of Judicial Organization is supplemented by a paragraph worded as follows:
“The magistrate however exercises ipso jure, in this capacity, the functions of local judge when no local judge has not been assigned within the proximity jurisdiction. “

Section 2
Provisions relating to the trial of crimes

Article 147

I- At the beginning of the second paragraph of article 260 of the code of criminal procedure, the words: “A decree in the Council of State” are replaced by the words: “An order of the Minister of Justice”.

II.- In the last paragraph of article 264 of the same code, the words: “by decree of the Council of State” are replaced by the words: “by order of the Minister of Justice”.

Article 148

I- 1. Article 267 of the Code of Criminal Procedure reads as follows:
“Art.267. – At least fifteen days before the opening of the session, the clerk of the Assize Court summons, by mail, each of the full and substitute jurors.This invitation specifies the opening date and time of the session, its foreseeable duration and the place where it will be held. It recalls the obligation, for any citizen required, to respond to this summons on pain of being sentenced to the fine provided for in article 288. It invites the juror summoned to return, by return mail, to the registry of the Assize Court the receipt attached to the summons, after having duly signed it.
“If necessary, the clerk can request the police or gendarmerie services to find jurors who have not responded to the summons and to deliver it to them. ”
2. At the end of the last paragraph of article 266 of the same code, the words:“ paragraphs 2 and 3 of ”are deleted.
II. – Article 288 of the same code is thus amended:
1 ° The fourth and fifth paragraphs are worded as follows:
“Any juror who, without a legitimate reason, has not complied with the summons he has received may be condemned by the court to a fine of EUR 3,750.
“The juror may, within ten days of the service of this sentence made on his person or at his domicile, file an opposition before the criminal court of the seat of the assize court. “;
2 ° In the sixth paragraph, the word: “citation” is replaced by the word: “convocation”.
III. – 7 ° of article 256 of the same code reads as follows:
“7 ° Persons who have been the subject of a conviction under article 288 of this code or those to whom jury duty is prohibited under article 131-26 of the penal code; “.

Article 149

Article 270 of the Code of Criminal Procedure reads as follows:
“Art. 270. – If the accused is on the run or does not appear, he may be tried by default in accordance with the provisions of Chapter VIII of this Title.
“When the accused is on the run, the date of the hearing during which he must be tried by default must however be served on him at his last known domicile or at the town hall of this domicile or, failing that, at the public prosecutor’s office of public prosecutor of the tribunal de grande instance where the assize court sits, at least ten days before the start of the hearing. “

Article 150

In the first paragraph of Article 281 of the Code of Criminal Procedure, after the words: “to the civil party,”, are inserted the words: “as soon as possible and”.

Article 151

In the second paragraph of Article 307 of the Code of Criminal Procedure, after the words: “of the judges”, are inserted the words “, of the civil party”.

Article 152

Article 308 of the Code of Criminal Procedure is amended as follows:
1 ° The second paragraph is worded as follows:
“However, the president of the Assize Court may order that the debates will be the subject of all or part, under his control. , a sound recording. He may also, at the request of the victim or the civil party, order that the hearing or testimony of the latter will be the subject, under the same conditions, of an audiovisual recording. “;
2 ° In the first sentence of the fourth paragraph, after the word: “sound”, the words: “or audiovisual” are inserted;
3 ° The second sentence of the fourth paragraph is worded as follows:
“The sound or audiovisual recording can also be used before the Assize Court ruling on appeal, before the Court of Cassation hearing a request for review, or, after cassation or annulment on request for review, before the referring court . “

Article 153

After article 320 of the code of criminal procedure, an article 320-1 is inserted as follows:
“Art. 320-1. – Without prejudice to the provisions of the second paragraph of article 272-1 and those of the second paragraph of article 379-2, the president may order that the accused who is not remanded in custody and who does not appear not at the hearing is brought before the Assize Court by the police. “

Article 154

The third paragraph of Article 331 of the Code of Criminal Procedure is supplemented by a sentence worded as follows:
“The president may authorize witnesses to use documents during their hearing. “

Article 155

In the first sentence of Article 339 of the Code of Criminal Procedure, after the words: “the hearing of a witness”, are inserted the words: “or the questioning of an accused”.

Article 156

I- Article 380 of the Code of Criminal Procedure becomes Article 379-1 and Chapter VIII of Title I of Book II of the same Code becomes Chapter IX.
II.- In the tenth paragraph of article 20 of ordinance n ° 45-174 of February 2, 1945 relating to delinquent children, the reference: “380” is replaced by the reference: “379-1”.
III.- After article 379-1 of the code of criminal procedure, a chapter VIII is re-established as follows:

“Chapter VIII

“Default in criminal matters

“Art. 379-2. – The accused absent without valid excuse at the opening of the hearing is judged by default in accordance with the provisions of this chapter. The same applies when the absence of the accused is noted during the proceedings and it is not possible to suspend them until his return.
“However, the court may also decide to remand the case to a later session, after having issued a warrant for the arrest of the accused if such a warrant has not already been issued.
“The provisions of this chapter are not applicable in the cases provided for in Articles 320 and 322.
“Art. 379-3. – The court examines the case and decides on the accusation without the assistance of the jurors, except if other defendants tried simultaneously during the proceedings are present, or if the absence of the accused has been noted after the commencement of the proceedings. debates.
“If a lawyer is present to ensure the defense of the interests of the accused, the procedure takes place in accordance with the provisions of Articles 306 to 379-1, with the exception of the provisions relating to the questioning or the presence of the accused.
“In the absence of a lawyer to ensure the defense of the interests of the accused, the court decides on the accusation after having heard the civil party or his lawyer and the requisitions of the public prosecutor.
“In the event of a conviction for a firm custodial sentence, the court issues an arrest warrant against the accused, unless it has already been issued.
“Art. 379-4. – If the accused convicted under the conditions provided for by article 379-3 constitutes himself a prisoner or if he is arrested before the sentence is extinguished by prescription, the judgment of the Assize Court is void in all cases. its provisions and a new examination of his case by the Assize Court in accordance with the provisions of Articles 269 to 379-1.
“The arrest warrant issued against the accused in application of article 379-3 is equivalent to a committal warrant and the accused remains detained until his appearance before the Assize Court, which must take place within the time limit provided for by section 181 from his detention, failing which he is immediately released.
“Art. 379-5. – The appeal is not open to the sentenced person by default.
“Art. 379-6. – The provisions of this chapter are applicable to persons dismissed for related offenses. The court may, however, on requisitions of the public prosecutor and after hearing the observations of the parties, order the disjunction of the proceedings concerning them. These people are then considered as referred to the criminal court and may be tried there by default. ”
IV. – Title I bis of Book IV of the same code is repealed.

Article 157

Article 380-1 of the Code of Criminal Procedure is supplemented by three paragraphs worded as follows:
“The court rules without the assistance of jurors in the following cases:
” 1 ° When the accused, referred to the assize court only for an offense connected with a felony, is the sole appellant;
“2 ° When the appeal of the public prosecutor from a judgment of conviction or acquittal concerns an offense related to a crime and there is no appeal lodged concerning the criminal conviction. “

Section 3
Provisions relating to the Court of Cassation

Article 158

I. – In Article 586 of the Code of Criminal Procedure, the words: “Under penalty of a civil fine of 7.5 EUR pronounced by the Court of Cassation,” are deleted.
II. – Article 612-1 of the same code is supplemented by a paragraph worded as follows:
“The convicted person who has not provided himself and for whose benefit the annulment of the sentence has been extended in application of the provisions of the first paragraph cannot be sentenced to a higher penalty than that pronounced by the court whose decision was annulled. ”
III. – Article 626-5 of the same code is supplemented by a paragraph worded as follows:
“Except in the case provided for in the first paragraph, if the commission, considering the request justified, proceeds in accordance with the provisions of article 626-4, the person carrying out a custodial sentence remains detained, without this detention being able to exceed the duration of the sentence pronounced, until the decision, as the case may be, of the Court of Cassation ruling in plenary assembly or of the court on the merits. This decision must be made within one year of the commission’s decision; if there is no decision within this period, the person is released, unless he is detained for some other reason. During this period, the person is considered to be placed in pre-trial detention, and may file requests for release under the conditions provided for in articles 148-6 and 148-7. These requests are examined in accordance with Articles 148-1 and 148-2. However, when the commission has referred the case to the plenary assembly of the Court of Cassation, the request for release is examined by the investigating chamber of the court of appeal in the jurisdiction of which the court sits. having condemned the person concerned. “

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