Difference between revisions of "Nullity of Procedure"
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<blockquote>''There is nullity whenever the violation of a substantial formality prescribed either by this codeor by any other provision of the criminal procedure has caused prejudice to the party invoking it''<ref> French Criminal Procedure Code Article 177</ref></blockquote> | <blockquote>''There is nullity whenever the violation of a substantial formality prescribed either by this codeor by any other provision of the criminal procedure has caused prejudice to the party invoking it''<ref> French Criminal Procedure Code Article 177</ref></blockquote> | ||
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| + | The absence of an explicit provision for substantial nullities does not prevent the defense lawyer from using raising nullification as a strategy for a defendant. Criminal defense lawyers working in civil law jurisdictions that do not formally recognize nullification may employe the same rational for arguing for nullification of procedures. They may also point out that while substantial nullity is now codified in French criminal procedure, its origins are in uncodified case law. | ||
Proceedings that infringe upon the following in one way or another must not be respected or validated: | Proceedings that infringe upon the following in one way or another must not be respected or validated: | ||
