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حقوق::
امر مختومه
"The public prosecution for the imposition of a penalty is extinguished by the death of the defendant, by limitation, amnesty, the repeal of the criminal law and res judicata.
Considering that, as regards Article 6 of the Code of Criminal Procedure, the application for a priority preliminary ruling on the issue of constitutionality relates to the phrase "res judicata" appearing in the first paragraph thereof; that, as regards Article L. 466-1 of the Monetary and Financial Code, the application for a priority preliminary ruling on the issue of constitutionality relates to the last phrase thereof; that, as regards Article L. 621-15 of the Code, the application for a priority preliminary ruling on the issue of constitutionality relates to the phrase "has engaged in or attempted to engage in insider dealing or" appearing in letter c) of paragraph II and the phrase "has engaged in or attempted to engage in insider dealing or" appearing in letter d) also of paragraph II; that, as regards Articles L.
Considering that according to the applicants and the interveners, by not ascribing res judicata status to a definitive decision of the Enforcement Board of the Autorité des Marchés Financiers, these provisions violate the principle of equal treatment by the criminal law and the principles the necessity of offences and punishments and the proportionality of punishment
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