How to correct an error in a criminal court decision?
Verified 24 January 2024 - Directorate for Legal and Administrative Information (Prime Minister)
If you find an error in a decision in criminal matters, you can request that the decision be corrected by referring the matter to the court that made the error. We will explain how to do this.
The error must be purely material. It must be the result of an inadvertence, a clumsiness of expression or drafting, that is to say, an unintentional act of the judge.
The error or omission must come from the court or tribunal that made the decision.
Examples of hardware errors include:
- Error on party name
- Contradiction between the device and the reasons of the decision
- Lack of correspondence between figures and letters in sentencing
You must submit your application to the court which gave the decision (Judicial Court, Court of Appeal, Court of Cassation).
For detainees, the court with territorial jurisdiction may also be that of the place of detention.
FYI
In criminal matters, you have to file the request for rectification of a judgment of the Cour d’Assises before the investigating chamber of the Cour d’appel.
Who can take the matter to court?
You can request the correction of a hardware error if you are a party (defendant, accused, civil party) in the decision to be corrected.
The public prosecutor's office may also be the source of the request for rectification.
Do you need a lawyer?
The lawyer is not mandatory However, you can take one.
Who shall I contact
How to seize the court?
You can enter the jurisdiction using a request.
The court shall hold a hearing in council chamber.
The prosecution is heard, as are you and your lawyer if you ask.
If you are detained and wish to be heard at the hearing, you must make the request in your request for rectification.
If the parties agree, the decision may be taken without a hearing by a corrective order issued by the President of the court.
A new decision correcting the error is rendered.
The amending decision shall be brought to your attention by significance. This meaning kicks-starts the time to do call or form a appeal in cassation.
You can do call or form a appeal in cassation.
Who can help me?
Find who can answer your questions in your region
- Lawyer
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