ART 517: Under pain of a civil fine of 5000 francs passed by the Supreme Court, the registrar, no later
than twenty days as from the filing of the notice of appeal, shall number and initial the case documents to
which he/she attaches a copy of the appealed decision, a copy of the appeal and, where applicable,
the written submission of the applicant; he/she shall draft an inventory of all these documents.
ART 518: When the file has been arranged in this manner, the registrar shall hand it over to the
magistrate of the public prosecutor who immediately sends it to the attorney general at the Supreme
Court.
The latter shall in turn forward it to the registry of the Criminal Division alongside his/her
pleadings. The president of this division shall appoint a trial judge to prepare a report.
A certificate issued by the registrar shall attest, where applicable, to the fact that
statements of defence were not presented. An appeal on points of law filed by an
applicant who fails to present a written submission shall be dismissed.
All the formalities stated in this article must be fulfilled no later than one month after the notice
of appeal has been filed.
ART 519: If one or several lawyers are present, they shall submit their written submissions at the
registry of the court no later than three months after the court receives the file.
ART 520: Notice of any written submission shall, no later than three days after it has been submitted,
be served to the other parties or their lawyer by the registrar who received the said written submission.
The notice shall be validly be served through registered mail with acknowledgement of receipt. A party
who does not receive notice of the written submission may object to an order from the Criminal
Division that sets aside the appealed judgement, subject to the procedures and conditions provided for
in article 512.
ART.521: Written submissions shall contain the grounds of appeal and shall re fer to the laws allegedly
violated.
They shall not have to be stamped.
They must be filed within the prescribed period. No additional written submission may be
attached thereto, after the appointed trial judge has submitted his/her report.
Section III - Causes of Nullity
ART 522: Decisions appealed against based on points of law shall be declared null and void when they
are passed by the prescribed number of judges or when they are passed by judges who did not take
part in all the hearings of the case. However, when several hearings are held for the same case, the
judges who were part of the decision shall be considered to have taken part in all these hearings.
These decisions shall also be declared null and void when they have been passed without
hearing the public prosecutor.
ART 523 : Orders from the Indictment Chamber as well as final orders and judgements shall be
declared null and void if they do not contain grounds or if their grounds are insufficient and do not
enable the Supreme Court to perform its oversight duty and acknowledge whether or not the law was
respected in the operative part.
The same shall apply when the court omits or refuses to rule on one or several applications from
the parties or on one or several submissions from the public prosecutor.
ART 524: When an investigation procedure is referred to the Indictment Chamber, all the grounds
77
Sélectionner le paragraphe cible3
Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières