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🔥 But law is the science of exceptions. Trial Lawyer 🥇

Trial Lawyer

Trial Lawyer : There are two cases where my prohibition in principle to respond to the prosecution is lifted.

✅  First case Trial Lawyer 🙂 

if you agree with him. It happens that the prosecution takes moderate requisitions that are consistent with what you wanted to obtain (or even that it requires release). In this case, of course you repeat them, to approve them. They must be engraved in the mind of the judge for deliberation, and add your own arguments: never forget that requisitions are not requests, there is no ultra petita , and the judge may very well go beyond the requisitions.

Second case, more rare: requisitions are illegal. The required sentence is illegal, whether it is the main one or the complementary one (I have seen a required sentence exceeding the legal maximum or a ban from the territory requested when the law did not provide for it) Trial Lawyer.

There, Trial Lawyer  it is necessary to report it to the court, without pushing the prosecutor who will be already mortified enough of his error, do not forget the essential principles of delicacy and courtesy. Elegance serves the speech. And prosecutors have memories Trial Lawyer.

🤑 Trial Lawyer  This is where I come back to these stories of exceptions taken by written conclusions. 🤓 

Trial Lawyer,  An exception in law is a legal argument raised in defense (we use the verb exciper) which aims to defeat all or part of the opposing claims. It is distinguished from the incident, which is a request which changes the course of the proceedings and which must be decided before considering the rest of the case. Trial Lawyer  If I raise that the public action against my client is time-barred, I am raising a limitation exception. If I ask for a psychiatric examination to see if he is not suffering from a mental disorder, or the separation of my client’s case from the rest of the file, I form an incident. If I ask that this or that part of the procedure be declared void, Trial Lawyer it

Lectura de Interés:   ✔ Trial Lawyer Suspension of all limitation periods for public action and the penalty ✆

This is why I beg you, magistrate friends, stop saying that, when a lawyer pleads that all or part of the procedure is null, the incident is joined to the merits. It is not an incident. Trial Lawyer  You ask or decide, as the case may be, that in reality the exception be joined to the merits.

💥 These exceptions are Trial Lawyer, in criminal proceedings, and with regard to the criminal court  💥

The correctional court has the capacity to note the nullities of the procedures which are submitted to it except when it is seized by the reference ordered by the examining magistrate or the investigating chamber Trial Lawyer.

When the procedure before it is not referred to it by the investigating court, the court rules on the exceptions based on the nullity of the previous procedure.

The invalidity of the summons can only be pronounced under the conditions provided for by article 565 Trial Lawyer.

In all cases, the exceptions of nullity must be presented before any defense on the merits.

Note that the code speaks of exceptions, not incidents Trial Lawyer.

This means that if I intend to challenge the regularity of police custody, I can only do so in court, and I must do so before any defense on the merits. The case law, scrupulously applying the rule of the fool’s game which requires that any rule must be interpreted in the most restrictive way and giving it the least possible effectiveness when it applies to the defense, Trial Lawyer  has decided “than before any defense on the merits “was understood as from the start of the debates, before the questioning of the defendant began, because answering the president’s questions is already a defense on the merits. So these debates take place immediately the identity of the accused noted and the alleged facts recalled. 

Lectura de Interés:   ✔ Trial Lawyer Suspension of all limitation periods for public action and the penalty ✆

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