The provisions of Articles 63 and 64

This decision provides important insight into your property law. Here is what it changes for you.

The situation

The provisions of Articles 63 and 64 of the Code of Criminal Procedure relating to police custody in cases of flagrant crimes and offences are not incompatible with those of Article 5(3) of the European Convention for the Protection of Human Rights and Fundamental Freedoms, which require that any person arrested or detained be brought promptly before a judge or other officer authorised by law to exercise judicial power (1). The latter status is held by the public prosecutor, a judicial officer whose mission is to ensure the application of the law. Article 5 cited above does not prohibit that officer from ordering, within the limits authorised by law, the extension of the detention of the person being questioned at the disposal of investigators.

What the law says

This decision confirms the fundamental principles of property law.

Points to note

• Strictly comply with the statutory time limits for appeals
• Keep all your supporting documents (title deeds, deeds, correspondence)
• Plan ahead: preventive advice always costs less than litigation

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.