Judges cannot, in order to justify

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

The situation

Judges cannot, in order to justify the implementation of the powers provided for in Articles 53 et seq. of the Code of Criminal Procedure in the case of a flagrant crime or offence, substitute their own deductions for the initial findings of the judicial police officers or agents from which it follows that they intended to carry out a road check pursuant to Articles L. 233-2 and R. 233-1 of the Highway Code. Consequently, the judgment which, in order to reject the plea based on the irregular entry into private premises, deduces from the terms of the arrest report that the flagrant offence of endangering others was established, whereas the said report states that police officers, after having noted the commission of a contravention of the Highway Code, only entered that private place to carry out a road check, is liable to be quashed.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

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

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