Court of Cassation Upholds Procedure Despite Excessive Duration: Analysis of Constant Jurisprudence in French Penal Law

Extract

[...] In the "Chaufferie de la défense" case, the Court of Cassation was not ruling solely on this file, but was part of a continuity of jurisprudence. To modify its jurisprudence, the Court of Cassation would have had to establish very precise criteria justifying the cancellation of this procedure while others are maintained." Thus, in the face of the battle of jurisdictions trying to cancel overly long procedures, the Court of Cassation decided to remain on its constant jurisprudence, regardless of the circumstances of the case. [...]

[...] The provisions of Articles 221-1 to 221-3 of the Code of Criminal Procedure allow the parties, in order to avoid unjustified delays in the procedures, to seize the investigating chamber, which may decide toto pursue the information itself, or to close it or to entrust it to another investigating judge.» In addition, the refusal to cancel the abnormally long procedures is often justified by the existence of Article L. 141-1 of the Code of Judicial Organisation. This article allowsto engage the liability of the State due to the defective functioning of the public service of justice. [...]

[...] Firstly, based on Article 427 of the Penal Procedure Code, the judge assesses the probative value of the evidence provided to him. He is therefore free to take into account the 'spoiling of the evidence due to the time elapsed since the date of the facts'. The Court of Cassation legitimates the fact that the long time elapsed justifies the reduction or even the annihilation of the value of the evidence, which can lead to a decision of acquittal. Furthermore, the Court of Cassation dismisses the argument of the appeals court that the defendants are no longer have the physical and intellectual capacity to participate in their trial. [...]

[...] It estimated that thethe finding of a manifestly unreasonable delay in the procedure cannot have as its sole consequence the opening of a right to pecuniary compensation for those concerned ». In fact, in this case of the 'Chaufferie de la défense', the court contested the financial compensation solution, when the defendants are no longer physically and intellectually capable of effectively participating in their trial. For the judges of the facts, a financial compensation 'would not be of a nature to restore the manifest infringement of the rights of the defense, in particular that of being tried within a reasonable time frame in the context of a trial respecting the principles of a fair trial and adversarial proceedings, principles of constitutional value. [...]

[...] Despite a struggle by the lower courts to annul abnormally long procedures the Court of Cassation censures their reasoning, regardless of the circumstances of the case The struggle of the lower courts to annul abnormally long procedures The right to be tried within a reasonable time is enshrined in the preliminary article of the Code of Criminal Procedure3, and by Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms4 (CESDH). The question of the reasonable time is addressed for excessively long procedures. However, this time also depends on the complexity of the case and the behavior of the parties. Following the Chamber of Criminal Appeal's decision refusing to annul the procedures due to the lack of respect for the reasonable time in the sense of the CESDH (26 September 2001), the full assembly of the Court of Cassation makes this principle a constant jurisprudence. [...]