Criminal Procedure Case Study: Custody Regularity

Extract

[...] When this deadline is exceeded, the request would be inadmissible even if an irregularity was previouslysent. In the spaceis, Gino has formedis a request 9 months afterisis the interrogation, or 3 months afterisis the decreelai pris provided by law. Therefore, its request is inadmissible. IV. The conformity of the rejection of nullity claims by the Assizes Court In law, articles 181 and 305 of the Code of Criminal Procedure provide that nullities must be raised before the indictment order. In addition, once before the assizes court, the acts of investigation can no longer be annulled. [...]

[...] Therefore, Gino's custody is irregular and may be subject to nullity. The situation of Fabio In law, article 63-1 of the CPP states that custody must be notified to the interested party immediately, it must specify the date, time and reasons for this. In some cases, a slight delay may be authorized, this must be justified. In addition, according to articles 63-3 and following of the same code, extensions of custody are only possible if they are necessary for the investigation. [...]

[...] In addition, the article mentions that it is not possible to invoke the nullity of an act that does not directly concern the person. In the spaceèThis, Fabio invokes regularities of Gino's custody, without demonstrating a personal grievance linked to it. As for the search, his custody and the extensions, no violation is characterized. Therefore, the investigating chamber has legitimately rejected the requests made by Fabio. III. The request made by Gino In law, article 173-1 of the CPP provides that nullity requests must bethere formedmust be made within a period of 6 months following the investigation. [...]

[...] The nullities of the instruction Case Study Criminal Procedure In this case, on April an individual was arrested for attempted theft and placed in custody, he was notified of his rights. He requested a lawyer, however the police began the interrogation without him. This individual revealed the name of another person for other thefts. Thus, the public prosecutor orders a search at his home, false grey cards will be found. During this operation, a police officer is injured and the individual is placed in custody where he will be notified that thirty minutes later, before being extended twice. [...]