The Court of Cassation reminds that the indictment divisions sovereignly assess the constituent facts of crimes, and that the Court's review is limited to the legal classification adopted for the committal for trial. Explanations and practical advice.
Reference decision: cc • No. 86-92.877 • 1986-08-20 • View decision →
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A resident of Wittenheim is charged with involuntary manslaughter. He has an alibi (presence at work), but the indictment division finds it unconvincing due to flexible working hours. He is committed for trial before the Assize Court.
Practical application:
This case law prevents challenging the evaluation of the alibi before the Court of Cassation. Therefore, the accused must, from the investigation stage, accumulate irrefutable evidence (witness statements, videos, badge records) to convince the indictment division. On appeal, he must focus his defence on the legal classification (e.g., absence of intent to kill).
In Rixheim, a victim of aggravated assault is surprised that her attacker is only committed for simple assault. The indictment division reclassified the facts.
Practical application:
The decision of the indictment division on classification is sovereign as to the facts, but the victim may appeal to the Court of Cassation if the classification retained is legally erroneous (e.g., if the aggravating circumstances were nevertheless present). Action must be taken within 5 days of the decision.
A property professional in Mulhouse is heard as an assisted witness in a fraud case. He fears being charged and committed for trial.
Practical application:
The hearing before the indictment division is crucial: it is the last opportunity to present factual arguments before committal. A solid file of evidence must be prepared and legal representation is essential. Once the decision is rendered, it will be very difficult to have the committal annulled on the merits of the facts.
Maître Cécile Zakine — Lawyer at the Alpes-Maritimes Bar, Doctor of Law. Every article in this magazine is based on the analysis of a real court decision, commented and put into perspective by Maître Zakine’s team.
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