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Letter template

Citation template to appear before the correctional Tribunal

When to use this model of summons to appear before the correctional Tribunal

You want to summon before the correctional Tribunal a person that you suspect to be involved in a criminal offence. Then, the present model of summons to appear before the correctional Tribunal will help you in the performance of this approach.

That said the summons to appear before the correctional Tribunal Act

Rules on citations and meanings are enacted in sections 550 to 556 of the code of criminal procedure.

The citation is issued at the request of the public prosecutor, the civil party, and any administration that is legally empowered. The citation States pursued due, is the text of the law which interdicts, the court seised, the place, date and time of the hearing. It indicates the court seised, the place, the time and the date of the hearing, and specifies the quality of the accused, the liable, or the witness of the cited person. If it is issued at the request of the civil party, she mentions, if he is a natural person, his names, first names, profession and domicile real or elected, and if he is a legal person, its form, its name, its headquarters and the body which represents it legally. The citation issued to a witness must also mention that the non-appearance, the refusal to testify and the false testimony are punished by law (article 551 of the code of criminal procedure).

The time between the day of the issuance of the summons and the day fixed for the appearance before the correctional Tribunal must be at least ten days. However, this period is increased if the party cited before the tribunal of a Department or of a State in which it resides (article 552 of the code of criminal procedure).

The Correctional Court has jurisdiction for prosecution of persons who are guilty of offences. It can include: involuntary violation of a person's life (road accident or hunting accident, accident at work), driving drunk or under the influence of drugs, hit and run, failure to comply, the endangering of the lives of others, dropout family (for example, do not pay alimony due for her child after a divorce)...The penalties are: by imprisonment from 6 months to 10 years, closed or are subject to conditional according to the seriousness of the offence, penalties of greater than or equal to 3750 euros fine, deprivation of right (suspension, cancellation of driving licences, prohibition to exercise a profession, a work of general interest...). In addition, additional penalties may be imposed by the Court, among which: the duty of care, the publication of the decision in the press...

Finally, before the correctional Tribunal, the assistance of a lawyer is not required but it is strongly recommended that you're victim or perpetrator of an offence.

Our advice for your citation to appear

The summons is issued by usher feat (mandatory formalism). If the person subject to the exploit is absent from his home, a copy in estest given alloy parent, servant or a person residing in this home.

SUMMONS TO APPEAR

BEFORE THE TRIBUNAL CORRECTIONNEL OF _

(Article 551 of the Code of Criminal Procedure)

Year two thousand _

Et le ______________

AT THE REQUEST OF:

Dear _

Né(e) à __________ le ___________,

Engaged in the occupation of _

Remaining _

Of nationality

With the lawyer _, in the cabinet of which election of domicile is made and which is on the

herein and its sequels.

I, UNDERSIGNED BAILIFF:

_, (Surname, name, phone number),

Resident _ (address),

ISSUED CITATION WAS:

Dear _

Né(e) à __________ le ___________,

Engaged in the occupation of _

Remaining _

Nationality _

OR whether it was a legal person:

The company _ society _ _ capital (social form), registered in the

registry of trade and companies under the number _ _ and whose head office is

located _ (full address),

Represented by its leader in exercise.

Or being and speaking to:

_____

To have to appear, _ h _ _

Gentlemen the President and judges composing the Court _ of _, _ Chamber, sis

_ (address of Court House),

In person, in your capacity as accused persons liable to be heard for your participation (and/or) complicity in the text in following.

VERY IMPORTANT

You are required to personally attend this hearing, only or be assisted by a lawyer.

If you wish to be assisted by a lawyer, you can, upon receipt of the quotation:

- either contact the lawyer of your choice for your defence

- or request the President of the lawyers or to the President of the Court the appointment of a counsel. This request must be presented to the bureau of the order of lawyers of the tribunal before which you received this notice.

If unable to attend the hearing, you may request the referral of this matter to a later hearing, by sending a letter explaining the reasons for your absence, enclosing all the supporting documents and recalling the date, the time of the hearing, the President of Chamber of the Court and number of the Chamber to which the case is called. If your reasons are deemed valid by the Tribunal, the matter will be returned and a new convocation will be

addressed to a later hearing. If your excuse is not considered valid, you will be judged in your absence. You also have the possibility of asking to be judged in your absence, in being represented by your lawyer. In this case, you must send a letter to the President of the Chamber of the Tribunal stating that you agree to be judged (e) in your absence and you load your lawyer, whose name shall be mentioned, you represent. It will be placed on the record. If the Court finds that your personal appearance is nevertheless needed, will refer the case and receive a call.

In the event of non-attendance, you incur a sentence of imprisonment equal to or greater than two years, if you have not specifically requested your lawyer to represent you.

THE COURT SHOULD

1. Background

(II). Reminder of the texts

______

FOR THESE REASONS

Having regard to articles _,.

-SAY and judging that Mr _ committed the crime of _, offences provided for and punishable under article

_______

-CONDEMN Mr _ to pay _ the sum of ____ euros in respect of damages,

-CONDEMN Mr _ integer costs.

UNDER PROTEST