The nullity of the preliminary phase the judgment

Young W.

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The nullity of the preliminary phase the judgment

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Judgment , preliminary phase, Private and public order

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Abstract
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Abstract

Jurisprudence has devoted substantial early nullities. Then, an Act of 1897 instituted 8/12 textual nullities. Infringement of defense rights has gradually become the criterion for determining existence of substantial nullities (Cass, 12/06 1952, Imbert). The substantial nullities have been described as nullities of private interest, but evidence of a grievance was quick to be extended to certain textual nullities. The distinction between nullity Private and public order was then supplanted the old.

In 1958, the CCP has created new textual nullities and regulated the nullities of the preliminary investigation in Articles 170 to 174-1. By the law of 6/08 1975, the legislature introduced an article 802 confining the imposition of a nullity to an irregularity actually harm the interests of the party. This law applies only nonentities Private. The laws of 1993 and the 4/01 24/08 1993 abandoned the distinction seemed to want to give birth to a section 171; jurisprudence, taking advantage of the vagueness of the text, however, has not diminished

Introduction
The different categories of nullity
Interaction between the different categories of invalidity
Procedure for obtaining the nullity
Timing of the nullities should be raised
The effects of the annulment
Conclusion

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Extract

[...] The judge continues during this period his information, although the president of the investigating chamber may order its suspension, unless urgent action. If it concludes the nullity, it can evoke or refer the case to the same judge or another. III) The effects of the annulment The investigating chamber has to cancel all subsequent acts to the act annulled. Section 174 provides that the annulment of an act or removal of parts is with regard to all parties. After the effective cancellation the investigating judge may decide to repeat the acts in accordance with the procedure. [...]

[...] Any party may invoke the nullity of public order. Timing of the nullities should be raised Invalidity raised during the preliminary investigation If the information is current, parties are entitled to seek the annulment of a measure through a one-time request to the investigating chamber, until the closure of the investigation. As of sending the notice for information purposes, the parties actually one month if the person is detained, if not three, to form their request. Article 173-1 sets the deadline for challenging the legality of acts of older investigation, indicted and has to report on the invalidity of acts prior to its first examination of this interrogation or within 6 months notification of its MEE; it is the same for the parties and the witness attended after their first hearing. [...]

[...] 1996] default Attorney Information of the Republic [Crim Jun. 2000] Implementation of the right to talk with a lawyer [1st Civ. May 31, 2005] , exceeding the maximum allowed) [13 Oct 1998 Crim . about the preliminary investigation carried unwarranted consideration premature or late, infringements of rules related to the lawyer's assistance during interrogation (14 Jan 2003 Crim . ) (May Crim.); violation of rules on execution of expertise operations (Crim. June 10, 1970) . The violation of the secrecy of the instruction is in turn a Private nullity subject to a restrictive regime. [...]

[...] nullity Request "Acts or parts" which may be the subject of an application for annulment Under article 173, acts or documents in the proceedings may a petition for nullity; however, Article 173-4 excludes this possibility acts subject to appeal. Holders of the right to file a petition for nullity Article 170 assigns to the investigatory chamber of the right to take up office a nullity. Besides this room, it provides that can do it: -the judge who seized the investigating chamber as soon as he finds that a document or part is zero. Before that he must take notice of the prosecutor and inform the parties. [...]

[...] 1991), lack of knowledge of direct quotation periods (Crim November 1992) and failures relating to referral to the judge instruction by Introductory Submission (Nov Crim . in relation to the preliminary investigation, exceeding the limits of referral in rem (Crim Feb. 1975), breach of the exclusive jurisdiction of the courts to conduct an interview (Crim. October 1968), disregard of the rules governing commissions rogatory, violation of the rules for the selection of experts, to take oath, and the forms of the expert report . [...]

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