Acts of prosecution within the meaning of

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

The situation

Acts of prosecution within the meaning of Article 7 of the Code of Criminal Procedure include the requisitions of the public prosecutor and the acts performed for the purpose of ensuring their execution. A judgment of the local court is liable to be quashed where, in order to find that the public prosecution was time-barred and to acquit the defendant of the charge of dangerous overtaking, it held that the period between the starting point of the limitation period, 15 March 2005, the date on which the interested party objected to a criminal order, and the service of the summons to appear, 5 April 2006, exceeded one year, whereas, on 8 November 2005, the public prosecutor had made requisitions for the purpose of issuing a summons and whereas, on 7 December 2005, the bailiff responsible for serving the document had drawn up a record of unsuccessful searches, the defendant having changed address.

What the law says

This decision confirms the fundamental principles of property law.

Key points

• Strictly comply with 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.