namely: - Before the Indictment Chamber composed differently from the one that issued the indictment if the quashed order came from the Indictment Chamber; - Before the Court of Assizes composed differently from the one that passed the order, if the order is quashed on grounds of nullity committed before the court of assizes; - Before a civil court other than the one where the investigation took place, if only the civil claim portion of the order is quashed. ART 538: In a misdemeanour or simple offence proceeding, if the judgement or order and the procedure are quashed on grounds of incompetence, the Supreme Court sha ll refer the case to judges; it appoints, who must hear it. The Supreme Court may quash only part of the decision when the instance of nullity vitiates only one or some of its provisions. ART 539 - In all cases where the Supreme Court has the right to choose a court to hear a referred case, this choice may be made only after a special deliberation held immediately in the council chamber; if this is expressly stated in the order. ART 540: An official copy of the order admitting the application for appeal on points of law and ordering referral before a new court or the same court composed otherwise shall be issued to the attorney general at the Supreme Court within three days. This official copy shall be sent alongside the record of the proceedings to the relevant public prosecution magistrate at the appellate court or court of first instance to which the case is referred. The order of the Supreme Court shall be notified to the parties at the behest of this magistrate. An official copy shall also be sent by the Attorney General at the Supreme to the relevant public prosecution magistrate at the appellate court or court of first instance that handed down the quashed order or judgement. ART 541: When an order or judgement is quashed for violation of essential procedural requirements, an official copy of the decision shall be forwarded to the Minister of Justice. ART 542: When the order or judgement has been quashed, the deposited fine shall be returned, irrespective of how the ruling on the appeal on points of law is formulated and even when it omits to order the restitution. ART 543: When the acts upheld by the first judges are not an offence or when the laws invoked do not apply to them, the annulment of the appealed order or which is appealed on points of law shall not be referred. The order rejecting the application for appeal on points of law or setting aside the judgement under appeal on points of law shall be issued, within three days, to the attorney general at the Supreme Court through a record signed by the registrar; these re cords shall be sent to the relevant public prosecution magistrate at the appellate court or court of first instance that handed down the appealed order or judgement. At the request of this magistrate, it shall be notified through registered mail with acknowledgement of receipt to the parties. ART 544: When an application for appeal on points of law is dismissed, the party who filed the application may no longer file an appeal on points of law against the same order or judgement, on any ground whatsoever and through any means whatsoever. Section V - Appeals on Points of Law In the Interest of the Law 79

Sélectionner le paragraphe cible3

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