داستان آبیدیک

public action


فارسی

1 حقوق:: اقامه دعوی عمومی

, P. and S. was raised within criminal proceedings concerning acts carried out in March and April 2006; that the public action was launched by an indictment of 20 November 2006; that these acts thus resulted in the commencement of sanction proceedings before the Enforcement Commission of the Autorité des Marchés Financiers, followed by the forwarding of the statement of complaints in April 2008 and concluded by a decision issued on 27 November 2009; that on the other hand, the question submitted on behalf of Messrs A. , T. and V. was raised in relation to criminal proceedings concerning acts carried out between 3 and 22 September 2008; that the public action was launched by a summons of 27 April 2013; that these acts thus resulted in the commencement of sanction proceedings before the Enforcement Commission of the Autorité des Marchés Financiers, followed by the forwarding of the statement of complaints on 16 February 2010 and concluded by a decision issued on 17 February 2011 ;Considering that the first subparagraph of Article 6 of the Code of Criminal Procedure sets out a list of grounds for the extinction of a public action, irrespective of whether or not it had been launched at the time the reason came to light; that "res judicata" is specified as one of the grounds for the extinction of a public action; that it follows from the settled case law of the Cour de Cassation that only a definitive decision given by a criminal court ruling on a public action has the authority of res judicata in criminal matters ;

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