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According to Articles 63 and 63-1 of the Code
Droit Immobilier

According to Articles 63 and 63-1 of the Code

📅 Decision of 11 October 2000🔄 Updated on 15 October 2026⚖️ Cour de cassation👁️ 21 views📖 2 min read

Under Articles 63 and 63-1 of the Code of Criminal Procedure, a person who, for the needs of the investigation, is placed under constraint at the disposal of a judicial police officer must immediately be taken into police custody and notified of the rights attached to that measure. The judgment declaring the police custody regular is liable to be quashed where no element of the procedure establishes an insurmountable circumstance justifying the delay in notifying the person, who had been placed under constraint at the disposal of the gendarmes, judicial police officers, for several hours, of their placement in police custody and of the rights attached to that measure.

Reference decision: cc • N° 00-82.238 • 2000-10-11 • View the decision →

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

The situation

Under Articles 63 and 63-1 of the Code of Criminal Procedure, a person who, for the needs of the investigation, is placed under constraint at the disposal of a judicial police officer must immediately be taken into police custody and notified of the rights attached to that measure. The judgment declaring the police custody regular is liable to be quashed where no element of the procedure establishes an insurmountable circumstance justifying the delay in notifying the person, who had been placed under constraint at the disposal of the gendarmes, judicial police officers, for several hours, of their placement in police custody and of the rights attached to that measure.

What the law says

This decision confirms the fundamental principles of property law.

Points to note

  • Strictly comply with the statutory time limits for legal remedies
  • Keep all your supporting documents (title deeds, deeds, correspondence)
  • Anticipate: preventive advice always costs less than litigation

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📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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Legal information

  • Number: 00-82.238
  • Court: Cour de cassation
  • Decision of: 11 October 2000

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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