Citation Directe : Saisir le Tribunal Sans le Procureur - Guide Complet

Your complaint was dismissed, but you are convinced of the perpetrator's guilt? You can directly file a claim with the criminal court using a direct summons. KOHEN AVOCATS Law Firm explains this powerful but demanding procedure: ▶ What is a direct summons? (Article 388 of the French Code of Criminal Procedure) ▶ Distinction from filing a complaint with a civil claim ▶ When to use a direct summons? ▶ Mandatory information (Articles 390, 550, 551 of the French Code of Criminal Procedure) ▶ Designation of address for service (Article 392 of the French Code of Criminal Procedure) ▶ Mandatory deposit of funds (Article 392-1 of the French Code of Criminal Procedure) ▶ Nullities: procedural defects, imprecision, time limits ▶ The specific case of the press (Article 53 of the 1881 Law) ▶ The interruption of the statute of limitations ▶ Risks: acquittal and civil fine ⚠️ WARNING: Direct summons requires strict adherence to formalities. An error can lead to the nullity of the summons and, if the statute of limitations has expired, the definitive extinction of the action. Legal counsel is strongly recommended. FULL ARTICLE: Direct Summons: Procedure, Conditions, and Strategy https://kohenavocats.com/citation-dir... Dismissal of Case: Definition, Grounds, and Appeals https://kohenavocats.com/classement-s... Our Expertise in Criminal Law https://kohenavocats.com/expertises/ NEED A LAWYER FOR A DIRECT SUMMONS? KOHEN LAW FIRM Hassan KOHEN - Attorney at Law, Paris Bar 11 rue Margueritte, 75017 Paris Tel: +33 6 89 11 34 45 Website: https://kohenavocats.com Available 24/7 00:00 - Introduction: The Power to Bring a Case Before the Court Without the Prosecutor 00:21 - What to Do After a Dismissal of Case? 00:55 - The Basics: What is a Direct Summons? 01:46 - Direct Summons vs. Complaint with Civil Action 02:13 - Strict Formalism: Mandatory Information 02:44 - The Risk of Nullity: Why Form is Crucial 03:06 - Fatal Errors and Procedural Pitfalls 03:40 - Ensuring a Fair Trial: The Courts' Position 04:02 - Statute of Limitations and Service of Process Deadlines 04:20 - Deposit: A Mandatory Financial Guarantee 04:44 - The Hearing: The 3 Possible Scenarios 05:15 - Calculating Damages: A Concrete Example (Toulouse) 05:35 - Conclusion: A Powerful Double-Edged Sword