Appeal a civil or criminal judgment
Verified 01 October 2026 - Public Service / (Prime Minister), Ministry of Justice
Do you want to challenge a decision in a civil or criminal case? You can appeal. The case is then examined and retried by the Court of Appeal. We present you the information to know.
Civil judgment
A decision can be appealed when these two conditions are met :
- It decided the dispute or certain points of the dispute, that is to say, whether the judge responded to the requests by granting them or not
- She is rendered in first spring.
When the decision is rendered in last resort, the call is not possible. This is the case for disputes whose amount is less than €5,000. The only possible recourse is then appeal on a point of law.
FYI
Remedies and procedures are always indicated in the act of meaning of the decision by the commissioner of justice or the notification by the registry.
All parties at trial have the opportunity to call, applicant like defendant.
This right may be exercised by a single party or by all parties.
In graceful matter (i.e. cases where there is no adversary such as adoption), this right belongs to the person concerned by the decision or to the persons to whom the judgment was handed down notified. The public prosecutor may also appeal against such decisions.
The time limit for appeal is1 month for civil judgments.
However, this period is reduced for certain decisions.
It is from 15 days in the following situations:
- In matters of gratuity (e.g. adoption, change of matrimonial property regime, guardianship)
- Interim orders or in the form of the references
- Interim Measures Orders in matters of divorce
- Prescriptions from refurbishment or judgements during preconditioning
- Decisions of the enforcement judge
- Orders to Reject query.
It is from 10 days in the case of reorganization or bankruptcy.
The time limit for appeal is increased by 1 month for the part which remains in overseas when the decision was made in metropolitan france. The same applies to decisions taken overseas for the person residing in metropolitan France.
The time limit for appeal is increased by 2 months for the person living abroad.
The call delay begins from meaning the decision of a commissioner of justice, his notification by the graft or from the date of the decision at a public hearing.
The appeal is declared inadmissible if the deadlines have not been met. The case is not reviewed by the Court of Appeal.
Warning
If the judgment is not notified within the two-year period of its pronouncement, the party who appeared cannot appeal.
If you want to benefit from thelegal aid to appeal, you must file this application during the appeal period. This request will have the effect ofinterrupt the time limit for appeal. A new time limit, of the same duration as the initial time limit, will start running again from the final decision to admit or reject legal aid.
Representation by lawyer is mandatory.
However, there are exceptions for the following procedures:
- Protection of adults (guardianship, curatorship, family...) empowerment
- Litigation prud'homal (representation can be provided by a union advocate)
- Over-indebtedness
- Placement of a child by the children's judge
- Delegation of parental authority
- Case under the Joint Rural Leases Tribunal
- Social pole case (social security, incapacity...).)
If you wish to be assisted by a lawyer but your resources are insufficient to pay his fees, you can benefit from legal aid.
You must make this request, even if you are receiving legal aid during the procedure for first instance.
FYI
Before the Court of Appeal, you can call on a lawyer other than the one you had in the first instance.
The procedure is not the same depending on whether the use of a lawyer to appeal the decision is mandatory or not:
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General scenario
The lawyer is mandatory to appeal. He is responsible for the process.
The declaration of appeal shall be made at the registry of the court of appeal, together with a copy of the contested decision.
FYI
It is possible to appeal the entire decision or limit call certain provisions of the judgment. The statement of appeal must specify all the points of the decision criticized.
Procedure without a lawyer
General scenario
When the procedure does not require you to hire a lawyer, you can fill in the cerfa form n°15774.
Declaration of appeal to the civil court (without compulsory representation)
The declaration must be made at the registry of the court of appeal from jurisdiction of the court that made the decision. The Court of Appeal may be located in another city that the court (for example: for a judgment rendered by the Lille court of justice, the Douai court of appeal has jurisdiction).
FYI
Remedies and procedures are always indicated in the act of meaning by Commissioner of Justice or the notification by the registry.
Guardianship, curatorship, family empowerment...
To appeal in these proceedings, you can fill in the cerfa form n°15774.
The lawyer is not required.
Declaration of appeal to the civil court (without compulsory representation)
The declaration must be made to the registry of the protection litigation judge who made the decision.
Who shall I contact
FYI
Remedies and procedures are always indicated in the act of meaning by Commissioner of Justice or the notification by the registry.
In proceedings where thelawyer is mandatory, they may take place without hearing at the request of counsel for the parties. The public prosecutor, when it intervenes, must give its consent.
The Court of Appeal judge again the points mentioned in the statement of appeal.
The Court of Appeal issues a shutdown which confirms or reverses the first decision.
She can confirm partially or totally the decision of the court.
She can deny partially or totally (i.e. annul) the decision of the first judges.
A new application cannot be submitted to the Court of Appeal unless the new application is the consequence or complement of the original application.
In the event of an appeal, the principle is that decision rendered by the first judge is provisionally enforceable unless otherwise provided by the decision or law.
This means that the judgment must be executed, even if the decision is appealed.
The case can be delisted cases pending if the party appealing does not justify having enforced the decision when it is able to do so.
On expiry of the period of 2 years from pronunciation of such removal, if the decision has not been complied with in part or in full, the court shall terminate the proceedings.
It is possible to request by interim relief to the first president of the court of appeal of suspend provisional execution if this results in manifestly excessive consequences for the sentenced party.
FYI
In case of abusive appeal (e.g. for the purpose of delaying the execution of the judgment), you may be fined up to €10,000 and to pay damages to the other party.
If you feel that a rule of law has not been correctly applied or that the procedure has not been followed, you can make a appeal on a point of law.
The appeal in cassation does not prevent the execution of the decision.
Who shall I contact
All parties to an appeal proceedings must pay a tax stamp in the amount of €225 where the use of a lawyer is compulsory.
This electronic tax stamp can be purchased online.
FYI
Beneficiaries of legal aid are exempt from this stamp.
The parties must also pay the fees of their lawyer. Other costs may be added, such as court commissioner fees or expert appraisal fees, for example.
Criminal judgment
All decisions handed down by criminal courts may be appealed:
- Police Court for decisions rendered for tickets of 5e class, decisions imposing a suspension of a driving license, decisions imposing a fine of more than €150
- Criminal Court
- Assize Court or Criminal Court
- Investigating Judge
- Judge of the enforcement of sentences
- judge of liberty and detention.
The appeal may relate to the whole or on a part of the decision.
FYI
If the decision was made by defect (i.e. when the defendant is absent and has not been informed of his summons), the remedy is the opposition. The case will then be retried by the court that issued the decision.
All parties at trial have the opportunity to call :
- Defendant or accused (in the case of a judgment of the assize court or a criminal court)
- Civilianly responsible person
- Civil party
- Prosecutor of the Republic
- Public administrations exercising public action (e.g. customs)
- Attorney General at the Court of Appeal.
This right may be exercised by a single party or by all parties.
FYI
The person civilly responsible and the civil party may appeal the decision only on the grounds of civil interests.
The time limit for appeal is 10 days.
The time limit shall be count from pronouncement from decision to hearing.
If the parties were neither present nor represented by a lawyer at the hearing, the period shall run from meaning of the decision.
FYI
In the event of an appeal by one of the parties within the 10-day period, the other parties have a additional 5 days to appeal.
A lawyer is not required to appeal a criminal decision. You you can show up alone before the court of appeal.
FYI
If you wish to be assisted by a lawyer but your resources are insufficient to pay his fees, you can benefit from legal aid. You must make the request during the appeal period, this request will have the effect of interrupting the period. A new time limit, of the same duration as the initial time limit, will start to run from the final decision to admit or reject legal aid.
The appeal shall be brought by declaration to court registry, the assize court or the criminal court that issued the decision (or the registry of the prison if the person is detained).
Who shall I contact
The declaration must be signed by the Registrar and the Appellant, his or her counsel or a special credential officer with a power.
Reminder
The lawyer is not required to appeal.
The convicted person may appeal against all convictions civil and criminal or limit his call only civil convictions or only criminal convictions.
The civil party and the civilly responsible may appeal only civil convictions of judgment. They can't appeal the relaxed or the penalty imposed on the perpetrator.
The public prosecutor or the public prosecutor may appeal only criminal convictions of the decision.
The effects of the appeal differ depending on whether the appeal concerns criminal convictions, civil convictions or the entirety of the decision.
A criminal conviction can be a prison sentence, a community service...
A civil conviction can be a fine to be paid to the Treasury, civil interests to be paid to civil party as damages and interest to repair his damage...
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Appeal concerning criminal conviction only
Where the appeal relates only to the criminal conviction, the sentence shall not be carried out.
FYI
The person incarcerated before his trial before an assize court or a criminal court is held in detention for the duration of the appeal.
A person sentenced to imprisonment who was free before his trial before a criminal court or assize court may be incarcerated. The court may award a warrant of deposit if there are grounds for a particular security measure (e.g. risk of escape of the convicted person).
The Court of Appeal shall rehear the case and makes a stop which confirms or reverses the first decision.
She can confirm the decision of the first judges. The penalty that applies then is the one pronounced in the judgment.
She can deny (i.e. annul) the decision of the first judges and impose another sentence or the relaxed.
If the judgment has ordered the defendant to pay damages, the a civil party may enforce the judgment and to recover the sums allocated to it.
FYI
If the the prosecutor did not appeal of the decision, the court of appeal may not impose a more severe sentence that which was pronounced in the judgment under appeal. If the person is detained, the detention may be maintained by reasoned decision.
Civil Interest Appeal
Where the appeal relates only to civil interests, the Court of Appeal does not reconsider criminal conviction.
The enforcement of the judgment on civil interests is suspended. The civil party can retrieve damages and interest only if the decision specifies that it is provisionally enforceable.
In case of execution of 1er judgment and conviction on appeal lesser damages, the civil party must repay the overpayment.
The civil party can't make new requests before the court of appeal, but it may reassess the amount of the amounts which she demands.
FYI
It is possible to request by interim relief to the first president of the court of appeal of suspend provisional execution whether it is likely to lead to manifestly excessive consequences.
Similarly, where provisional execution has been refused or has not been requested, it may be granted, in the event of an appeal, by the first president acting in interim proceedings.
Appeal on the whole decision
The Court of Appeal reconsidered all the provisions of the judgment.
She can confirm the decision of the first judges.
She can deny (i.e. annul) the decision handed down by the first judges.
The a civil party may enforce the judgment and recover the amounts allocated to it if the decision provides theprovisional execution of this one.
It is possible to request by interim relief to the first president of the court of appeal of suspend provisional execution whether it is likely to lead to manifestly excessive consequences.
Where provisional enforcement has been refused or has not been requested, it shall may be granted, in the event of an appeal, by the first president ruling on interim measures.
FYI
If the the prosecutor did not appeal of the decision, the court of appeal may not impose a more severe sentence than the judgment under appeal.
It is possible to challenge the decision of the Court of Appeal by appeal on a point of law.
Magistrates of the Court of Cassation do not retry the case, but check that the law has been applied or that the procedure has been followed.
The procedure is free.
If the parties are assisted or represented by a lawyer, they must pay their fees. Other costs may be added, such as expert appraisal fees.
The sentenced person must comply with fixed procedural rights (€338). These rights are due even if legal aid has been granted.
Who can help me?
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Administrative information by telephone - Allô Service Public
For more information on this subject, you can contact Allô Service Public.
Please note: the service does not have access to users' personal files and therefore cannot provide information on their progress.
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The informants who answer you belong to the Department of Justice.
Application for a decision to be suspended Article 524
Provisions common to the appeal
Extension of the time limit for appeal by the 1st President of the Court of Appeal article 540
Principles of civil appeals
Calculation of time limits in civil matters
The pretrial judge
Representation by counsel
Declaration of appeal in civil matters
Appeal procedure without a lawyer
Article 963 tax stamp
Persons entitled to appeal against a judgment of assizes
Form of appeal for a judgment of assizes
Territorial jurisdiction
Persons who may appeal a correctional judgment
Proceedings before the Correctional Appeals Chamber
Appeal of police judgements
Civil registration fees
Fixed rights of criminal procedure
Suspension of the time limit for appeal in the event of an application for legal aid (Article 43)
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