When an accused person pleads immunity

This decision sheds important light on your property law. Here is what it changes for you.

The situation

When an accused person pleads diplomatic immunity in relation to criminal prosecution and that plea is rejected by an order of the examining magistrate, the accused person's appeal against that order is admissible. Indeed, since the examining magistrate's decision, even assuming it is erroneous, would be liable to cause, at that stage of the proceedings, a breach of the provisions of the Vienna Convention on Diplomatic Relations, the terms of Article 186 of the Code of Criminal Procedure cannot prevent the immediate examination by the appellate court of the procedural objection raised by the accused person.

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

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

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