Trial Lawyer : All these deadlines are suspended from March 12 until the expiry of the order, one month after the end of the state of health emergency. Trial Lawyer
→ Trial Lawyer Arrangement of remedies ⇨
All the appeal periods set by the CPP are doubled, without being able to be less than 10 days. The only provision excluded: the period of 4 hours for a summary detention of art. 148-1-1 CPP , Trial Lawyer we can easily understand why. However, this provision has no retroactive effect, but another ordinance suspended all the time limits, including appeal from March 12, 2020 until one month after the lifting of the state of health emergency, either by decree or automatically two months after the entry into force of the law (May 24, 2020), end of the state of emergency which will restart the deadlines for their ordinary duration, within the limit of two months Trial Lawyer.
All appeals can be made by registered letter AR, Trial Lawyer as well as the filing of briefs or conclusions, and requests for acts at the clerk of the examining magistrate, and requests for release or modification of judicial control, since paragraph 2 covers “all requests”. Appeals and appeals and requests for acts to the investigating judge can also be made by registered letter AR or even by email if an email address for this purpose is provided, in which case an electronic acknowledgment of receipt will be sent by the court. Please note, this does not exempt you from including all the legal notices in the notice of appeal or appeal, otherwise you will be inadmissible, and you will not have a clerk to act. make sure of this for you when writing the declaration. NB: Trial Lawyer the electronic request does not concern requests for release or modification of judicial review. Reminder of common law: requests for an act, release, and modification of judicial control are addressed to the clerk of the examining magistrate and not to the magistrate, on pain of inadmissibility Trial Lawyer
🥇 Trial Lawyer Widespread use of videoconferencing ⊛
This generalization concerns all criminal jurisdictions, without it being necessary to obtain the agreement of the parties. The law says “if”, I want to say “when”, it is technically impossible to use such a means (because it does not work for example) the judge can decide to use any other means of communication instead. electronic, including telephone. The legal conditions for this means to be used are that the transmission is of good quality, that it has been possible to ensure the identity of the persons, and that this guarantees the confidentiality of the exchanges between the parties and their lawyer. . It is up to the judge to ensure at all times that these conditions are met, respect the rights of the defense and guarantee the adversarial nature of the debates. The operations are described in a report drawn up by the clerk.
Apart from a few jurisdictions where the heads of jurisdictions and the chairmen have geeks, it will be very complicated to set up if the lawyer is not there. Nothing would prevent a lawyer from pleading from his office or his home, but the videoconference set up by the Ministry of Justice only connects the jurisdictions between them, and the penitentiary establishments; as to resorting to another means, even if the ordinance gives the president wide powers, he still has to know which ones to use, and how to do it.
✅ Transfer of jurisdiction from one court to another Trial Lawyer 🙂
If a first degree court is no longer able to function, the first president of the court of appeal may transfer all or part of its activity to another identical tribunal within its jurisdiction. This transfer of jurisdiction applies to current affairs. I doubt that this text is applicable to the Assize Court, which is not strictly speaking a first degree jurisdiction, since it comes under the appeal court, even when it sits in a judicial tribunal, and its heaviness makes such a transfer of jurisdiction impracticable (the jurors will remain drawn by lot on the lists of the first jurisdiction, with the remoteness that this implies).