Difference between revisions of "Nullity of Procedure"
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*The extent of the prejudice that incures because of the violation | *The extent of the prejudice that incures because of the violation | ||
− | Substantial nullity is decided on a case by case basis, though local cases may provide a guidance to the criminal defense attorney, | + | Substantial nullity is decided on a case by case basis, though local cases may provide a guidance to the criminal defense attorney. |
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+ | In France, "substantial nullity" was first codified in 1993: | ||
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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</blockquote> | ||
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: |