Ruling on applications for release

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

The situation

Ruling on applications for release made by defendants in respect of whom the Criminal Court has imposed prison sentences and ordered by a special decision their continued detention, the Court of Appeal, seized of the appeals brought by the interested parties against the judgment convicting them, cannot, upon finding that the decision taken pursuant to Article 464-1 of the Code of Criminal Procedure lacks reasons, refrain from examining the merits of the said continued detention; it is incumbent upon it, by reason of the devolutive effect of the appeal, to rule with its own reasons on the necessity or absence of necessity of this security measure.

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.