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Omission during police custody
Droit Immobilier

Omission during police custody

📅 Decision of 29 September 2020🔄 Updated on 18 October 2026⚖️ Cour de cassation👁️ 18 views📖 2 min read

The omission, during police custody placed under the control of the investigating judge, in the notification to the person in custody provided for by Article 63-1 of the Code of Criminal Procedure, of an aggravating circumstance established from the outset of this measure and likely to result in a criminal reclassification of the notified misdemeanour offences, leads to a declaration of nullity if the investigating judge charges the persons concerned under that criminal classification. Indeed, the failure to notify this criminal classification necessarily undermines the interests of the persons in custody since their interviews were not recorded, as they should have been under Article 64-1 of the Code of Criminal Procedure.

Reference decision: cc • N° 20-80.509 • 2020-09-29 • View decision →

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

The situation

The omission, during police custody placed under the control of the investigating judge, in the notification to the person in custody provided for by Article 63-1 of the Code of Criminal Procedure, of an aggravating circumstance established from the outset of this measure and likely to result in a criminal reclassification of the notified misdemeanour offences, leads to a declaration of nullity if the investigating judge charges the persons concerned under that criminal classification. Indeed, the failure to notify this criminal classification necessarily undermines the interests of the persons in custody since their interviews were not recorded, as they should have been under Article 64-1 of the Code of Criminal Procedure.

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, instruments, 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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Legal information

  • Number: 20-80.509
  • Court: Cour de cassation
  • Decision of: 29 September 2020

Keywords

droit immobilierjurisprudenceimmobilier
Maître Cécile Zakine

About the author

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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Disclaimer: The analysis presented on this site is for informational purposes only and does not constitute personalised legal advice. For advice tailored to your situation, contact a qualified lawyer.

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