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When an accused person pleads immunity
Droit Immobilier

When an accused person pleads immunity

📅 Decision of 05 March 1985🔄 Updated on 4 October 2026⚖️ Cour de cassation👁️ 12 views📖 2 min read

When an accused person pleads diplomatic immunity in relation to criminal prosecution and that plea is rejected by an order of the examining magistrate, the accused person's appeal against that order is admissible. Indeed, since the examining magistrate's decision, even assuming it is erroneous, would be liable to cause, at that stage of the proceedings, a breach of the provisions of the Vienna Convention on Diplomatic Relations, the terms of Article 186 of the Code of Criminal Procedure cannot prevent the immediate examination by the appellate court of the procedural objection raised by the accused person.

Reference decision: cc • No. 84-92.155 • 1985-03-05 • View the decision →

This decision sheds important light on your property law. Here is what it changes for you.

The situation

When an accused person pleads diplomatic immunity in relation to criminal prosecution and that plea is rejected by an order of the examining magistrate, the accused person's appeal against that order is admissible. Indeed, since the examining magistrate's decision, even assuming it is erroneous, would be liable to cause, at that stage of the proceedings, a breach of the provisions of the Vienna Convention on Diplomatic Relations, the terms of Article 186 of the Code of Criminal Procedure cannot prevent the immediate examination by the appellate court of the procedural objection raised by the accused person.

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

  • Strictly comply with the statutory time limits for appeals
  • Keep all your supporting documents (title deeds, instruments, correspondence)
  • Be proactive: 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: 84-92.155
  • Court: Cour de cassation
  • Decision of: 05 March 1985

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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