ART 509: The registry of the court of first instance or of the appellate court shall, in all instances in which the law states that the appeal shall not be admitted, prepare a memorandum on its refusal to register the statement of appeal. The parties shall be entitled to petition the president of the court of first instance or the first president against the registrar's refusal within 24 hours thereof. The registrar shall be obliged to admit the appeal if ordered to do so by one of these magistrates. In all cases, a party who expresses the desire to appeal against a judgement within the legal time limits shall conserve the right to re-appeal against the final decision on the merits. Section Il - Forms of Appeal ART 510: The notice of appeal must be filed before the registrar of the court that passed the appealed decision: 1. No later than three days after the decision has been passed or if has been served personally where applicable; 2. Within the same period, which starts to run only as from the day when the objection is no longer admissible, if the decision is passed in abstentia. It must be signed by the registrar and by the applicant for appeal on points of law in person or by his/her counsel, or by a specially authorised proxy; in the latter case, the proxy shall be attached to the legal document prepared by the registrar. If the declarant is unable to sign, the registrar shall make this known. It shall be recorded on the register set aside for this purpose. ART 511: When the applicant for appeal on points of law is detained, he/she may also express his/her desire to appeal through a letter he/she hands to the superintendent of the remand prison; who issues him/her a corresponding receipt. The superintendent shall attest on this same letter that it was handed to him/her by the relevant party and shall specify the handover date. This document shall immediately be forwarded to the registry of the court that passed the appealed decision; it shall be recorded on the register provided for in article 5 -10 and attached to the legal document prepared by the registrar. Should the applicant for an appeal on points of law be illiterate, the superintendent shall prepare a report of the notice of appeal, a copy of which he/she hands to the relevant party and forwards to the registrar who will act as stated in the previou s sub paragraph. ART 512: The registrar shall serve notice of the appeal on points of law to the other parties to the trial either through registered mail, telegram with acknowledgement of receipt no later than ten days after the notice of appeal. Failure by the registrar to serve notice shall be punishable with a civil fine of 5000 francs, which is passed by the Criminal Division of the Supreme Court. The date of service of notice shall be stated on the margin of the notice of appeal. A party who did not receive the notice referred to herein above shall have the right to object to the ruling on the appeal based on points of law passed without his/her involvement. The provisions of article 480 shall apply. ART 513: On pain of being barred, the applicant shall have to deposit a fine of 10,000 francs alongside the notice of appeal. 75

Sélectionner le paragraphe cible3

Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières