CRIMINAL PROCEDURE: CONFUSION OF SENTENCES
CRIMINAL PROCEEDINGS: Confusion of sentences
Lawyer in Bastia, Lawyer in Corsica, Lawyer in Bastia in criminal law
L'article 710 of the Code of Criminal Procedure provides that all disputes relating to performance shall be referred to :
-before the tribunal or court that handed down the sentence
-and that this court may also rectify purely material errors contained in its decisions.
It shall rule on requests for the confiscation of sentences submitted in accordance with Article 5.article 132-4 of the Criminal Code.
Applicants for a QPCThese provisions allow a person to lodge an appeal against a decision on his or her request for a merger of sentences only if at least one of the parties to the request has been found guilty of a criminal offence. penalties the sentences for which he or she has requested confusion have been handed down by a criminal court of first instance, but when the sentences for which he or she has requested confusion have been handed down by criminal courts of appeal or assize courts, the person is deprived of the second degree of jurisdiction on this point.
CRIMINAL PROCEDURE: CONFUSION OF SENTENCES
The Wise Men note that it is clear from the contested provisions that, in cases where the sentences for which she is requesting confusion have all been handed down by different courts, it is not necessary for the court to decide whether or not to confuse the two sentences. criminal courts or criminal courts of appeal, the convicted person brings his or her claim before a court whose decision cannot be appealed.
On the other hand, if at least one of the sentences for which he or she is requesting confusion has been handed down by a criminal court of first instance, the convicted person must submit his or her request to a court whose decision is subject to appeal.
Such a distinction, which is not based on the criminal or correctional nature of the sentence, is unconnected with the purpose of the contested provisions, which is to allow a convicted person to apply for confusion of sentences after the convictions have become final.
The contested provisions therefore make an unjustified distinction. Distinction between convicted persons who request that their sentences be merged after they have become final.
Consequently, they infringe the principle of equality before the law and must be declared unconstitutional.
Lawyer in Bastia, Lawyer in Corsica, Lawyer in Bastia in criminal law
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