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,.
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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:

Revision as of 12:52, 25 August 2010