Difference between revisions of "Nullity of Procedure"

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 ===Public Order Nullities===
-In France, for instance, a nullity may arise if the violation affects important public interests, even if the defendant has suffered no harm from the procedural violation. These so-called "public order" nullities
+As a general rule, the defendant must suffer some kind of harm for a substantial nullity to exist. However, in certain cases where the violation affects an important public interest, a substantial nullity may still arise. These are sometimes called Public Order Nullities because the rational behind the nullity is tied more closely to public order than the rights of the defendant.
 ==Remedies for Procedural Violations==

Revision as of 14:42, 24 August 2010