Le lien vers cette page a été envoyé avec succès aux destinataires.
Request a review of a judicial decision (criminal or civil)
Verified 18 January 2022 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice
No longer subject to appeal
Act prohibited by law and punishable by a fine and/or imprisonment of less than 10 years
Most serious offense punishable by imprisonment (e.g. intentional killing or rape)
Expiry of a right after a certain period
Impossibility of exercising a right
A person designated by law to represent and defend the interests of another person. For example, the father or mother of a minor child or the head of an organization.
Person designated by will to receive property from a deceased person
A person who has ceased to appear at the place of his or her domicile or residence without having heard from him or her again.
Magistrate at the head of the public prosecutor's office of an appeal court or of the Court of Cassation
Application, legal action which may be received, admitted. They respect the rules of law and procedure.
Magistrate at the head of the public prosecutor's office (or public prosecutor's office). It is the recipient of complaints and reports. It conducts investigations, prosecutions and enforces the law.
Judicial investigation into a criminal case and headed by an investigative judge
Body of judges representing the interests of the business before the courts
A person who seeks compensation from the judge in charge of the prosecution of an offense for the harm caused to him by the offense
A person who is suing and who seeks compensation for his or her loss
Person against whom legal action is brought
Procedure for requesting the judge to order provisional but prompt measures, pending a judgment, to safeguard the applicant's rights
Procedural act by which a person is summoned before a court on a specific date
Review is an extraordinary means of redress that allows for a request, in very limited cases, to review a final decision, on the basis of new evidence. It can be used in both civil and criminal cases. A new decision replaces the contested decision, which refers to retraction of judgment.
What applies to you ?
Veuillez patienter pendant le chargement de la page
Criminal trial
The review of a criminal decision is exceptionally possible when a new fact or an element unknown to the court appears after the end of the trial. The request for review is examined by the Court of Review and Reconsideration of the Court of Cassation. After review, the conviction can be quashed and the case retried.
Review may be requested where a person is convicted and a new fact appears after the trial, or unknown element the day of the trial then reveals itself.
This remedy is available against a decision of the court of justice or the court of appeal.
Such new facts or evidence must be such as to establish the innocence of the convicted person or give rise to doubt as to his guilt.
The case is re-examined while the original decision is definitive.
Only the conviction for one offense or a crime may be the subject of an application for review.
FYI
a convicted person may request a review of a final criminal decision following a judgment of the European Court of Human Rights (ECHR). This judgment must establish that the decision was made in violation of the European Convention on Human Rights. This violation must have serious consequences for the convicted person to justify a request for review. The review shall be requested in a period of one year from the date of the decision.
The review may be requested for old criminal proceedings where the confession was obtained as a result of violence by the investigators.
How soon?
There's no no time limit to file an application for review.
If the convicted person has died, the procedure remains possible.
The prescription the facts do not preclude a request for review.
Who can apply?
The review may be requested by:
- Sentenced person or, in the case of incapacitation, sound legal representative
- Spouse, cohabiting partner, Civil partnership partner, parents, children, grandchildren, great-grandchildren, or legatees in the event of death or absence of the sentenced person
- Attorney General to the court of appeal
- General Prosecutor of the Court of Cassation
- Minister of Justice
FYI
any person authorized to appeal for review may request new acts (hearing, expert opinion...) by application to the public prosecutor. The purpose of the acts is to reveal new facts or elements. In the event of refusal, the appeal shall be made to the Attorney-General of the Court of Appeal.
Filing of the application
The request must be sent by post to the Court of Review and Reconsideration.
This court is located at the Court of Cassation.
It is composed of magistrates of the Court of Cassation.
Who shall I contact
Representation by counsel
The applicant may file the application himself.
During the remainder of the procedure, he must be represented and assisted by a lawyer of his choice.
Who shall I contact
If the applicant does not have a lawyer, the Court of Review and Review shall appoint one ex officio.
What's the cost of the trial?
The procedure itself is free of charge.
The applicant must, however, pay his attorney's fees.
If they don't have enough resources, they can apply for legal aid.
The Court of Review and Reconsideration shall consist of a committee of inquiry and a formation of the court.
The committee of inquiry exercise a first control which relates to the admissibility of the application.
It may, after a possible investigation, refer the case to the formation of the court. In this case, the formation of the court has a second check. It may decide that the conviction should be quashed and the case retried.
Step 1: Examination by the investigating committee
The file is entrusted to the committee of inquiry of the Court of Review and Review. The commission must examine the admissibility of the demand.
If the application is manifestly inadmissible, it may be immediately rejected by the Commission in a decision which shall state the reasons for the rejection.
It doesn't exist no appeal against that decision.
Before making its decision, the Board may order a additional information for investigative acts to be carried out (hearing, expertise...). The applicant may request the carrying out of investigative acts. The committee may reject that request. It must give its decision on this matter within three months.
Where a new person appears to be involved in the facts, the investigating committee shall notify the public prosecutor who is to conduct an investigation. If necessary, he can open a judicial inquiry.
Please note
the condemned person or the committee of inquiry may request the suspension of the conviction, in particular if the convicted person is in prison. This request is being examined by the Criminal Chamber of the Court of Cassation.
Before deciding whether the request is admissible, the commission will ask for oral or written observations. They shall be requested from the applicant or his lawyer, public prosecutor's office and any civil party or his lawyer.
After the debates, the commission makes a decision.
If the application is considered admissible, the formation of the court is seized.
If the application is not admissible, the procedure ends and the decision will not be reviewed.
Reasons must be given for the decision. There is no appeal against this decision.
FYI
the applicant and the civil party may request a copy of the file.
2nd stage: examination by the formation of the court
It's the formation of the court who decides whether or not to review the conviction.
If it considers that the case is not ready for trial, the formation of the court may request a additional information.
When the case is ready, a hearing takes place. At that hearing, the applicant or his lawyer, the public prosecutor's office, any civil party or his lawyer shall be heard.
After the hearing, the formation of the court makes a decision.
It may reject or accept the request for review.
If she refuses, the original conviction is upheld.
If she agrees, the conviction is overturned. The formation of the court may request a retrial before another court identical to that which gave the contested decision. For example, a reference to another Court of Appeal if the decision under appeal was made by a Court of Appeal.
The Criminal Division of the Court of Cassation may suspend the prison sentence of the person concerned. She will be free until her retrial. If not, she will be released at the end of her original sentence.
The formation of the court may decide that there will be no retrial in any of the following cases:
- The convicted person has died (his innocence is still recognized)
- There's prescription. In this case, the person is definitively found innocent. If she is still imprisoned, she is released.
- The facts which justified the review completely exonerate the person concerned. In this case, the person is definitively found innocent. If she is imprisoned, she is released.
- In case amnesty
- In the event of criminal irresponsibility
The decision of the formation of the court shall not be subject to appeal.
If the convicted person is exonerated, the conviction shall be removed from his criminal record.
FYI
a convicted person who is found innocent following a review has the right to claim compensation for the material and non-material damage caused by the conviction. Any person who can justify harm caused by the conviction may also seek compensation. The compensation is paid by the State.
Civil trial
A review of a civil court decision is only possible when fraud is at its origin or a key piece is found after the trial. The application for review shall be examined by the same court as the court which gave rise to the contested judgment. After review, the conviction may be partially or completely reviewed.
A request for review shall be accepted only in one of the following cases:
- The decision was made in favor of a party (applicant, defendant) through a fraud on his part.
- Of decisive evidence which had been detained by one party were found after judgment.
- Of documents, evidence, oaths or attestations have been declared false by court order after judgment.
The party making the request for review must provide the evidence.
Please note
some decisions, such as an order in council interlocutory., a judgment right-hand forerunnermay not be the subject of an application for review. For example, a judgment ordering an expert opinion in connection with a divorce.
Who can apply?
Review may be requested by the parties to the judgment (applicant, defendant,...).
It may also be requested by persons who have been represented at the trial as a minor child represented by his or her parents.
Within what timeframe?
The request for review must be made within 2 months from the day on which the person became aware of the evidence justifying the review.
Filing of the application
The request is made by quotation. It is an act of the Commissioner of Justice (formerly bailiff and judicial auctioneer) who informs of the summons before the court that issued the contested decision.
It can be a court of law, a community court or a court of appeal.
The summons must be sent by the Commissioner of Justice to all the parties mentioned in the contested decision.
The appeal shall be communicated to the public prosecutor.
If the appeal is against a decision used as a document in a new dispute, review may be requested in the same trial. The dispute must be between the same parties and take place before the same court as that which gave rise to the initial decision.
FYI
the party requesting the review must do so in the same manner as the rest of its requests (e.g., in the writings of its counsel).
Is a lawyer obligatory?
When the lawyer was mandatory in the initial trial, the plaintiff must be represented by counsel at the review proceedings.
What's the cost of the trial?
The procedure is free of charge.
The applicant must, however, pay his attorney's fees and of the Commissioner of Justice.
If the applicant does not have sufficient resources to pay the costs of the Commissioner of Justice and/or counsel, he or she may apply legal aid.
Judgment
The judge must first consider whether the appeal is admissible. He must check whether the time limit for the appeal has been respected or whether there is a condition justifying the review (fraud, new document, etc.).
If the appeal is admissible, the judge may settle the dispute directly with the new information at his disposal. In that case, only one decision is rendered.
The judge may also wait before settling the dispute and request a additional instruction (e.g. expertise). In this case, the judge makes a first decision on the admissibility of the application, then a second decision to settle the dispute after the additional information.
A decision may be revised partially or totally, which means that the judge can review all convictions or only certain convictions.
Appeals
The review decision may be subject to the same appeal as the original decision (call or appeal in cassation as appropriate).
It is not subject to review.
Who can help me?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
The informants who answer you are from the Department of Justice.
Cost: free service
Service available at the following times:
- Monday: 8.30am to 5.30pm
- Tuesday: 8:30 to 12:15
- Wednesday: 8:30 to 12:15
- Thursday: 8.30am to 5.30pm
- Friday: 1 p.m. to 4:15 p.m
- Lundi : de 08h30 à 17h30
- Mardi : de 08h30 à 12h15
- Mercredi : de 08h30 à 12h15
- Jeudi : de 08h30 à 17h30
- Vendredi : de 13h00 à 16h15
- House of Justice and the Law
- Lawyer
Appeal for review of criminal proceedings
Appeal for review of civil proceedings
FAQ
Service-Public.fr