Introduction

Subject-matter jurisdiction

Territorial jurisdiction

Extensions of jurisdiction

Jurisdiction

Initiation of the proceedings

Instructing counsel

Submissions

Registry

Rules common to all procedures

Ordinary contentious procedure

Non-contentious proceedings

Single-judge procedure

Fixed-date procedure

Written procedure

Ordinary procedure

Interim relief proceedings

Expedited trial on the merits

Oral proceedings

Ex parte proceedings (sur requête)

Referral procedure by decision of the criminal court

Specific procedures

Proceedings before the Judicial Court

Initiation of proceedings

Proceedings

General procedure

Interim orders

Orders on ex parte application

Expedited proceedings on the merits

Powers of the President

Proceedings before the Commercial Court

Proceedings before the Judicial Court and the Commercial Court

2. Proceedings before the Judicial Court and the Commercial Court

Pursuant to Article 470-1, para. 2, of the Code of Criminal Procedure, when, in the context of judging misdemeanor offenses (délits), it appears that persons with third-parties who may be liable must be brought into the proceedings, the criminal court refers the case, by a decision not subject to appeal, to the competent civil court, which examines it urgently under a simplified procedure . The Court of Cassation considers that the principle of consolidation of claims (concnetrations des moyens) does not extend to the mere option that the civil party derives from Article 470-1 of the Code of Criminal Procedure to present to the criminal judge a claim aimed at obtaining, according to civil law rules, compensation for all damages resulting from the facts that founded the prosecution. Therefore, the fact that the civil party did not use this option does not render inadmissible, as disregarding the authority of res judicata, the claims for compensation for the same damages presented by it before the civil judge .

Article 847 of the Code of Civil Procedure sets the rules applicable to proceedings on referral decision from the criminal court to the Judicial Court. When a case has been referred to the Judicial Court to rule, under civil law rules, on the compensation for all damages resulting from the facts that led to the prosecution, the court registry is required to summon to the hearing, at least one month in advance and by registered letter with acknowledgment of receipt, the parties to the civil proceedings initiated before the criminal court as well as the third parties liable mentioned in the referral decision. This summons, to which a copy of the referral decision is attached, serves as a writ of summons (Art. 847, para. 1, CPC). Article 847, paragraph 2, requires the registry to summon the parties to the hearing within a maximum period of two months. The summons must specify whether representation at the hearing by a lawyer is mandatory, and indicate in any case that even if they do not appear, provisionally enforceable decisions will be made against parties other than the victim of the damage and against the third parties liable mentioned in the referral decision unless the court decides otherwise (Art. 847, para. 3, CPC). Article 847, paragraph 4, states that “social security organizations, the compulsory insurance guarantee fund, or the guarantee fund for victims of terrorism and other offenses, if they have intervened before the criminal court, are summoned to the same hearing by means of a registered letter with acknowledgment of receipt sent by the registry. A copy of the referral decision is attached to the summons.”

At the hearing, when representation by a lawyer is mandatory, proceedings are conducted as stated in Articles 776 to 779 of the Code of Civil Procedure concerning the direction of the case within the framework of ordinary written procedure. Otherwise, Articles 827 to 833 of the same code regarding the procedure for judgment within the framework of ordinary oral procedure apply (Art. 847, para. 5, CPC). Finally, an advance payment may be granted in interim proceedings under the conditions provided by Article 835 (Art. 847, para. 6, CPC).

See Art. R. 41-2 Code of Criminal Procedure.

Cass. 2e civ., 15 November 2018, No 17-18.656, LawLex202500000497JBJ.

Referral proceedings on decision of the criminal court

82. Referral proceedings on decision of the criminal court