Omission during police custody

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

The situation

The omission, during police custody placed under the control of the investigating judge, in the notification to the person in custody provided for by Article 63-1 of the Code of Criminal Procedure, of an aggravating circumstance established from the outset of this measure and likely to result in a criminal reclassification of the notified misdemeanour offences, leads to a declaration of nullity if the investigating judge charges the persons concerned under that criminal classification. Indeed, the failure to notify this criminal classification necessarily undermines the interests of the persons in custody since their interviews were not recorded, as they should have been under Article 64-1 of the Code of Criminal Procedure.

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, instruments, correspondence)
• Anticipate: preventive advice always costs less than litigation

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