Request a review of a judicial decision (criminal or civil)
Verified 02 May 2025 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice
The review procedure is possible after a final criminal or civil decision. It allows a new examination of the case already tried to be requested, only in limited cases. It's an extraordinary remedy. We present you with the information you need to know.
Criminal trial
A request for review of a criminal decision may, if the conditions are met, allow the conviction to be set aside. If so, there is a new review of the file for rejudge the case.
Cases of opening of this remedy exceptional are limited and very rare.
The review may be requested by:
- Sentenced person or, in the case of incapacitation, sound legal representative
- Spouse, cohabiting partner, Civil partnership partner, parents, children, grandchildren, great-grandchildren, or legatees in the event of death or absence of the sentenced person
- Attorney General to the court of appeal
- Prosecutor General of the Court of Cassation
- Minister of Justice.
Only one person convicted for a offense or a crime may apply for review. This procedure is not possible for contraventions.
FYI
A convicted person may also request a review of a final criminal decision following a judgment of the European Court of Human Rights (ECHR).
This judgment must establish that the decision was made in violation of the European Convention on Human Rights.
This violation must have serious consequences for the convicted person to justify a request for review. The review shall be requested in a period of 1 year from the date of the ECHR decision.
Review may be requested where a person is convicted and a new fact appears or a unknown element on the day of trial is discovered after conviction.
These new facts or elements must be susceptible to establish innocence of the convicted person or to give rise to a doubt about his guilt.
The case is re-examined while the original decision is definitive.
This remedy is available against a decision of the court of justice, the court of appeal, the criminal court or the court of assize.
There's no no time limit to request a review.
An application for review may be made even if the convicted person has died.
The prescription the facts do not preclude a request for review.
The request must be envoy by post to the Committee for the Examination of Applications for Review and Reconsideration.
This court is located at the Court of Cassation and is composed of magistrates of this Court.
Who shall I contact
The Court of Review and Reconsideration shall consist of a committee of inquiry and a formation of the court.
The committee of inquiry shall conduct an initial examination which shall concern only the admissibility of the application.
It may, after a possible investigation, refer the matter to the formation of the court. In this case, the formation of the court look into the matter. It may decide that the conviction should be quashed and the case retried.
Step 1: Examination by the investigating committee
The file is entrusted to the committee of inquiry of the Court of Review and Review. The commission must examine the admissibility of the demand.
If the demand is obvious inadmissible, it may be immediately rejected by the Commission in a reasoned order setting out the reasons for the rejection. It doesn't exist no appeal against that decision.
Before making its decision, the Board may order a additional information for investigative acts to be carried out (hearing, expertise...). The applicant may request the carrying out of investigative acts. The committee may reject that request. It must give its decision on this matter within three months.
Where a new person appears to be involved in the facts, the investigating committee shall notify the public prosecutor who is to conduct an investigation. If necessary, he can open a judicial inquiry.
Please note
The condemned or the committee of inquiry may request the suspension of the conviction, in particular if the convicted person is in prison. This request is being examined by the Criminal Chamber of the Court of Cassation.
Before deciding whether the request is admissible, the commission will ask for oral or written observations. They shall be requested from the applicant or his lawyer, public prosecutor's office and any civil party or his lawyer.
After the debates, the commission makes a decision.
If the application is considered admissible, the formation of the court is seized.
If the application is not admissible, the procedure ends and the decision will not be reviewed.
Reasons must be given for the decision. It doesn't exist no appeal against that decision.
FYI
The applicant and the civil party may request a copy of the file. The copy must be issued within 1 month of the request. The 1re The copy is free.
2nd stage: examination by the formation of the court
It's the formation of the court who decides whether or not to review the conviction.
If it considers that the case is not ready for trial, the formation of the court may request a additional information (hearing, expertise...).
When the case is ready, a hearing takes place. At that hearing, the applicant or his lawyer, the public prosecutor's office, any civil party or his lawyer shall be heard.
After the hearing, the formation of the court makes a decision.
She can dismiss or accept the request for review.
If she refuse, the original conviction is confirmed.
If she accept, the conviction is canceled.
FYI
Any person authorized to appeal for review may request new acts (hearing, expert opinion...) by request to the public prosecutor. The purpose of the acts is to reveal new facts or elements. In the event of refusal, the appeal shall be made to the Attorney-General of the Court of Appeal.
The formation of the court may request a retrial before another court identical to that which gave the contested decision. For example, a reference to another Court of Appeal if the decision under appeal was made by a Court of Appeal.
The Criminal Chamber of the Court of Cassation may order the suspension of the prison sentence of the data subject. She'll be free until her retrial. If not, she will be released at the end of her original sentence.
The formation of the court may decide thatthere will be no retrial in any of the following cases :
- The convict has died (his innocence is acknowledged)
- There's prescription. In this case, the person is definitively found innocent. If she is still imprisoned, she is released.
- The grounds on which the application for review was based completely exonerate the convicted person. In that case, if he is imprisoned, he is released.
- In case amnesty
- In case ofcriminal irresponsibility.
The decision of the formation of the court shall not be subject to appeal.
If the convict is innocent, the conviction is removed from sound criminal record.
The exonerated person can request that the decision be published in certain places (city where the decision was pronounced, municipality of the applicant...). It will also be published in the Official Journal and in five newspapers by the court which issued the decision.
FYI
A convicted person found innocent following a review has the right to right to claim compensation for material and non-material damage what the conviction caused him. Any person who can justify harm caused by the conviction may also seek compensation. The compensation is paid by the State.
For the examination on the admissibility of the request by the commission, the applicant may file the application himself or through his lawyer.
For the remainder of the procedure, he must be represented by a lawyer of his choice.
If the applicant does not have a lawyer, the Court of Review and Review shall appoint one ex officio.
The victim/civil party may be represented by a lawyer chosen by it or appointed ex officio if it does not know one.
The procedure itself is free.
The attorney's fees are payable by the applicant.
If a party does not have enough income to pay for legal fees, they can apply for legal aid.
Civil trial
A review of a civil court decision is possible when a fraud is at its origin or that a decisive part is found after the trial. After consideration of the grounds for review, the conviction may be partially or totally reviewed.
The review of a civil decision allows, under certain conditions, replace the contested decision. We're talking about retraction of judgment. Where fraud (e.g., false testimony) has led to a decision or evidence (e.g., an invoice) is found after the trial, review may be requested.
Review may be requested by persons who have been parties to the judgment (applicant, defendant,...).
It may also be requested by persons who have been represented at the trial as a minor child represented by his or her parents.
Review may be requested by a third party if he justifies that he has interest in bringing proceedings. For example, the new owner of a building in poor condition may receive compensation instead of the previous owners.
A request for review is only possible in one of the following cases:
- The decision was made in favor of a party (applicant, defendant) through a fraud on his part.
- Of decisive evidence hidden by a party have been found after judgment.
- Of documents, testimonies, oaths or attestations have been declared false by court order after judgment.
The party making the request for review must provide the evidence.
Please note
Some decisions, such as an order in council interlocutory or a judgment right-hand forerunnermay not be the subject of an application for review. For example, a judgment that orders an expert opinion in the case of work that is improperly done in a house.
The request for review must be made within 2 months from the day on which the person became aware of the evidence justifying the review. The applicant must prove that he acted within the time limit.
The request is made by quotation.
It is an act of the Commissioner of Justice that informs the opposing party of its summons before the court that issued the contested decision.
It can be a court of law, a community court or an appeal court.
Who shall I contact
The summons must be sent by the Commissioner of Justice to all parties referred to in the contested decision.
The appeal for review shall be communicated to the public prosecutor's office.
If the appeal for review challenges a decision invoked in a new dispute, review may be requested at the same trial. The dispute must be between the same parties and take place before the same court than the decision giving rise to the initial decision.
Example :
When a divorce judgment, which is the subject of an application for review, is used in another proceeding before the Court of Justice Jaf: titleContent for a dispute concerning the residence of the couple's child.
FYI
The party requesting the review must do so in the same manner as it submits the remainder of its requests (for example, in the conclusions of his lawyer).
Judgment
The judge must first consider whether the action is admissible. He's checking if the time limit of the appeal is respected or if there is a pattern justifying the revision (fraud, new document, etc.).
If the action is admissible, the judge may settle the dispute directly with the new information at his disposal. In that case, only one decision is rendered.
If the judge cannot rule on the application for review because it lacks elements, it can ask for a additional instruction (e.g. expertise). In this case, the judge will issue a 1era decision on the admissibility of the application and a 2eme decision to settle the dispute after the additional information.
A decision may be revised partially or totally, which means that the judge can review all convictions or only certain convictions.
Appeals
The review decision may be subject to the same appeal that the original decision (call or appeal in cassation as appropriate).
It cannot be the subject of another review appeal.
When the representation by lawyer was obligatory in the initial trial, the plaintiff must be to be represented by a lawyer during the review procedure.
The procedure is free.
The attorney's fee and of the Commissioner of Justice must be paid by the applicant.
If a party does not have sufficient resources to pay the costs of the Commissioner of Justice and/or counsel, it may request legal aid.
Who can help me?
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