Criminal Default
LexInter | August 17, 2017 | 0 Comments

Criminal Default

CODE OF CRIMINAL PROCEDURE
(Legislative Part)
 

Chapter VIII: Default in criminal matters

Article 379-2

(inserted by Law n ° 2004-204 of March 9, 2004 art. 156 III Official Journal of March 10, 2004 in force on October 1, 2004)
   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 of arrest against the accused if such a warrant has not already been issued.
   The provisions of this chapter do not apply in the cases provided for in Articles 320 and 322.

Article 379-3

(inserted by Law n ° 2004-204 of March 9, 2004 art. 156 III Official Journal of March 10, 2004 in force on October 1, 2004)

   The court examines the case and decides on the charge 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 beginning of the proceedings. .
   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 to a firm custodial sentence, the court issues an arrest warrant against the accused, unless it has already been issued.
 

Article 379-4

(Law n ° 2004-204 of March 9, 2004 art. 156 III Official Journal of March 10, 2004 in force on October 1, 2004)
(Law n ° 2005-1549 of December 12, 2005 art. 39 III Official Journal of December 13, 2005)

   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 its provisions and his case is re-examined 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 or issued before the judgment of conviction is equivalent to a committal warrant and the accused remains in detention until his appearance before the Assize Court, which must take place within the time limit provided for in article 181 from the date of his placement in detention,
 

Article 379-5

(inserted by Law n ° 2004-204 of March 9, 2004 art. 156 III Official Journal of March 10, 2004 in force on October 1, 2004)

   The appeal is not open to the convicted person by default.

Article 379-6

(inserted by Law n ° 2004-204 of March 9, 2004 art. 156 III Official Journal of March 10, 2004 in force on October 1, 2004)

   The provisions of this chapter are applicable to persons discharged 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.

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