In criminal law, the analysis and examination of potential nullities affecting the acts of criminal proceedings is a crucial aspect of a lawyer's defence strategy. Filing a well-founded request for nullity can lead to the annulment of part or all of the procedure, which, in some cases, may result in the automatic release of the client. To achieve this, it is advisable to consult a qualified lawyer. Maître Pierre DEBUISSON's criminal law firm in Paris and Toulouse is available to support you.
It is important to note that a request for the nullity of criminal proceedings is only admissible if the applicant is directly affected by the procedural act. While criminal defence typically focuses on the merits of the case, the possibility of nullity broadens this scope to include a defence based on procedural form.
Nullity may arise if the prescribed legal rules have not been adhered to. According to French law, a judge can only declare a procedure null and void if a provision within the Code of Criminal Procedure has been violated.
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To raise an objection based on nullity before a Criminal Court, it is essential to do so at the very beginning of the trial, known as in limine litis, or the request will be deemed inadmissible. Therefore, once the Criminal Court has addressed the substance of the case, particularly the alleged facts against the applicant for nullity, no further objection on the grounds of nullity can be raised.
Additionally, in line with ruling No. 12-84.311 of 13 February 2013, the Court of Cassation has clarified that an exception of nullity cannot be raised before an appellate court if it was not raised in the initial proceedings. Furthermore, with regard to nullities relating to the investigation phase, these can only be raised before the Investigation Chamber within six months of the applicant’s indictment.
In conclusion, filing a request for the nullity of criminal proceedings is a complex process requiring the expertise of a qualified lawyer. If you wish to invoke nullity, the DEBUISSON & Associés Law Firm in Toulouse and Paris can provide professional assistance.
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