What are the conditions for cancelling procedural acts? The Cour de cassation recalls the applicable rules – Cass. crim., december 10, 2024, n° 24-82.423

In a ruling handed down on December 10, 2024, the French Supreme Court reiterated that acts performed by officers or agents of the judicial police to ensure compliance by the accused with the obligations of judicial supervision are part of the information procedure.

Indeed, these acts are part of the prosecution of offences and are carried out to verify compliance with a measure ordered for the purposes of the investigation or as a security measure. 

Consequently, they fall within the scope of procedural acts and documents that may be referred to the Investigating Chamber for annulment, under the conditions set out in articles 170 and 173 of the Code of Criminal Procedure. 

On this basis, the judges of the Criminal Division quashed the decision of the Investigating Chamber, which had declared inadmissible a petition for the annulment of orders to revoke judicial supervision and to place a person in detention.

Cass. crim., December 10 2024, n° 24-82.423

For any inquiry, please contact Att. Sahand SABER