Reference decision: cc • N° 00-82.238 • 2000-10-11 • View the decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
Under Articles 63 and 63-1 of the Code of Criminal Procedure, a person who, for the needs of the investigation, is placed under constraint at the disposal of a judicial police officer must immediately be taken into police custody and notified of the rights attached to that measure. The judgment declaring the police custody regular is liable to be quashed where no element of the procedure establishes an insurmountable circumstance justifying the delay in notifying the person, who had been placed under constraint at the disposal of the gendarmes, judicial police officers, for several hours, of their placement in police custody and of the rights attached to that measure.
What the law says
This decision confirms the fundamental principles of property law.
Points to note
- Strictly comply with the statutory time limits for legal remedies
- 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.
📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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