test
Search publications, data, projects and authors

Conference

French

ID: <

2268/253198

>

Where these data come from
a reading of the operative part of the decision — null and void — appeal on girefs in the light of Article 210 of the Code of Criminal Investigation and the subsequent appeal by the defendant

Abstract

Criminal proceedings — Judgment phase and appeals procedure Olivier Michiels, President of the cour d’appel de Liège — Chargé de Course at the University of Liège Jurisprudence, Legislation and Doctors in 2019 Lecture only of the operative part of the Legislation Decision on the revision of Article 149 of the Constitution of 22 April 2019 concerning the publication of judgments and judgments of 2 May 2019. The new Law of 5 May 2019 amending the Code of Criminal Procedure and the Judicial Code as regards the publication of judgments and judgments of 16 May 2019. This Law shall enter into force on a date determined by the King and not later than 1 September 2021. Doctrine C. Behrendt and A. Jousten, ‘The revision of Article 149 of the Constitution: the publication of judicial decisions in the digital age’, J.T., 2020, pp. 2-8. Null and void objection v Legislation Article 187 (9) (2) of the Code of Criminal Procedure in so far as it does not provide for an appeal against the decision which considered the objection to be null and void, C. Consequently, 26 September 2019, No 123/219 — appeal by the Public Prosecutor’s Office, which is limited to the fact that the objection is declared null and void by the first judge, Article 187 (6) (1) of the Code of Criminal Procedure, which specifies the conditions under which an objection may be declared null and void. Cass., 3 April 2019, P. 19.0032.F on the existence of a legitimate cause (see also C. const., 21 December 2017, No 148/2017). Doctrine G. Falque, ‘Les imbroglios du imbroglios du nature avenu ou non avenu de l’opposition in criminal matters’, Rev. dr. pr., 2020, pp. 709-725 B. De Smet, ‘Het begrip ‘wettige verschoning’ van artikel 187, § 6, 1° sv. als Critium voor ongedaan verzet’ obs. under Cass., 27 February 2019, T. Strafr., 2019, pp. 163; J.L.M.B., 2019, p. 665 D. Vandermeersch, ‘The legitimate excuse for the aid of the most deprived’, obs. under Corr. Liège, 3 January 2018, J.L.M.B., 2018, pp. 572-573. O. Michiels, ‘Short discussion on the issues of the non -adjoining opposition and the right to be present in person at the trial’, Note under Cass., 21 March 2018, Rev. dr. pr., 2018, pp. 1003-1024. Appeal against the complaints Legislation Article 210 of the Code of Criminal Procedure Case C C, 16 May 2019, No 67/2019 on the occurrence of a new factor after the appeal Cass., 29 May 2019, P.18.0636.F on the cumulative conditions to be met by the new element C. cons., 20 November 2019, Nos 185/2019 and 189/2019 on the limitation to the complaints set out in the application for an appeal, 11 September 2019, No 245.401 Doctrine L. Descamps, ‘In relation to judgments No 67/2019, of 16 May 2019, of the Constitutional Court and of 29 May 2019 of the Cour de cassation. The point on the criminal appeal in the event of the occurrence of a ‘new element’, obs. under Cass., 29 May 2019, Rev. dr. èn., 2020, pp. 845-863. O. Michiels, “Ton appel tu motiveras...”, obs. under Cass., 6 March 2019, J.L.M.B., 2019, pp. 1911-1918. O. Michiels, ‘The use of new pleas in law by the appellate court’, obs. under v. const., 20 November 2019, J.T., 2020, pp. 101-106. Subsequent appeal by the defendant Legislation Article 203 (1) and (2) of the Code of Criminal Procedure C. Cont., 6 June 2019, No 96/2019 Additional time in the event of an appeal by the defendant following the appeal lodged by the Public Prosecutor’s Office or the civil party Doctrine O. MICHIELS, ‘Can the defendant rely on an additional period of appeal?’, Note C. const., 6 June 2019, Droit pen. ENTR., 2019, pp. 171-179. Books of Criminal Procedure M. Franchimont, A. JACOBS and A. Masset, Manual of Criminal Procedure, 4nd ed., Larcier, 2012. M.-A. BEERNAERT, H.-D. Bosly and D. Vandermeersch, Criminal Procedure Law, 8nd ed., The Charter, 2017, T I and II. O. MICHIELS and G. FALQUE, Principles of Criminal Procedure, Collection of the Faculty of Law of the University of Liège, Larcier, 2019.

Your Feedback

Please give us your feedback and help us make GoTriple better.
Fill in our satisfaction questionnaire and tell us what you like about GoTriple!