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The nullity of the preliminary phase the judgment

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documents in English
case study
4 pages
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  1. Introduction
  2. The different categories of nullity
  3. Interaction between the different categories of invalidity
  4. Procedure for obtaining the nullity
  5. Timing of the nullities should be raised
  6. The effects of the annulment
  7. Conclusion

Jurisprudence has devoted substantial early nullities. Then, an Act of 1897 instituted 8/12 textual nullities. Infringement of defense rights has gradually become the criterion for determining existence of substantial nullities (Cass, 12/06 1952, Imbert). The substantial nullities have been described as nullities of private interest, but evidence of a grievance was quick to be extended to certain textual nullities. The distinction between nullity Private and public order was then supplanted the old.

In 1958, the CCP has created new textual nullities and regulated the nullities of the preliminary investigation in Articles 170 to 174-1. By the law of 6/08 1975, the legislature introduced an article 802 confining the imposition of a nullity to an irregularity actually harm the interests of the party. This law applies only nonentities Private. The laws of 1993 and the 4/01 24/08 1993 abandoned the distinction seemed to want to give birth to a section 171; jurisprudence, taking advantage of the vagueness of the text, however, has not diminished

[...] The judge continues during this period his information, although the president of the investigating chamber may order its suspension, unless urgent action. If it concludes the nullity, it can evoke or refer the case to the same judge or another. III) The effects of the annulment The investigating chamber has to cancel all subsequent acts to the act annulled. Section 174 provides that the annulment of an act or removal of parts is with regard to all parties. After the effective cancellation the investigating judge may decide to repeat the acts in accordance with the procedure. [...]

[...] Any party may invoke the nullity of public order. Timing of the nullities should be raised Invalidity raised during the preliminary investigation If the information is current, parties are entitled to seek the annulment of a measure through a one-time request to the investigating chamber, until the closure of the investigation. As of sending the notice for information purposes, the parties actually one month if the person is detained, if not three, to form their request. Article 173-1 sets the deadline for challenging the legality of acts of older investigation, indicted and has to report on the invalidity of acts prior to its first examination of this interrogation or within 6 months notification of its MEE; it is the same for the parties and the witness attended after their first hearing. [...]

[...] The nullity of the preliminary phase the judgment Nullities for challenging the legality of criminal proceedings. If they allow administration of justice respectful of rights and freedoms, it also hampers the effectiveness of criminal law enforcement. I - The different categories of nullity Definitions The distinction between textual and substantial nobodies nobodies The textual nullity is expressly provided by law and just punish the ignorance of a procedural rule determined. The substantial invalidity arose from the case law that the sanction is "disregard of a substantial formality required by a legal provision. [...]

[...] Invalidity raised during the trial stage The nullity may be raised before the trial court if there were no preliminary investigation. The court may, if it considers that the judge did not do its job, refer the case to the prosecutor who can then enter the same judge or other to complete. Nullities raised before the trial courts should be in limine, that is to say before any defense on the merits (385 paragraph 6). Nullity may be invoked on appeal for the first time if the first instance was fully contradictory (Cass, 2/02 1987). [...]

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