Switch from Preliminary Investigation to Flagrancy Investigation
Law case - 3 pages - Penal procedure
The Court of Cassation rules on the possibility of switching from a preliminary investigation to an investigation in flagrante delicto after discovering apparent indices of an offense.
Union Civil Party Status in Offenses Against Trade Unionists
Law case - 4 pages - Penal procedure
The High Court rules on the conditions for a union to be a civil party in cases of offenses committed against a trade unionist, emphasizing the need for a collective interest prejudice.
Public Action and Alternative Measures to Prosecution
Law case - 3 pages - Penal procedure
The Court of Cassation clarifies that alternative measures to prosecution do not extinguish public action, as per Article 41-1 of the Code of Criminal Procedure.
Court of Cassation Ruling on Good Faith Evidence: Soundproof Cells and the Right to Remain Silent.
Law case - 3 pages - Penal procedure
Discover the landmark Court of Cassation ruling on the principle of good faith in evidence collection. This significant decision establishes crucial boundaries for prosecuting authorities, balancing the need for evidence with the protection of fundamental freedoms. The case revolves around the...
Custody in French and Emirati Law: Procedural Rules and Fundamental Rights
Law case - 3 pages - Penal procedure
Comparative analysis of custody procedures in French and Emirati law, focusing on the guarantee of fundamental rights and the impact of procedural deadlines.
Court of Cassation Ruling on Flagrancy Investigation
Law case - 3 pages - Penal procedure
The Court of Cassation's Criminal Chamber ruled on the extent to which the absence of explicit formalization of a preliminary investigation and the marking of a specialized dog can justify a police intervention on the basis of flagrancy.
ECHR Funke v. France Judgment: Protecting Private Life
Law case - 3 pages - Penal procedure
The European Court of Human Rights' judgment in Funke v. France emphasizes the need for proportionality in state interferences with the right to private life and home.
Court of Cassation Upholds Procedure Despite Excessive Duration: Analysis of Constant Jurisprudence in French Penal Law
Law case - 5 pages - Penal procedure
Discover the Court of Cassation's landmark judgment on excessively long procedures in French penal law, reaffirming its constant jurisprudence that an abnormally long duration does not invalidate a trial. This ruling, made in plenary session by the Criminal Chamber on November 9, 2022,...
