No Need In Criminal Proceedings
Called non-place abandonment of a lawsuit during the procedure and occurs when the evidence gathered by the investigation do not warrant further action.
Reasons
Several reasons may result in the imposition of a non-place:
- when the facts alleged do not fall within the scope of a law enforcement;
- when a requirement is identified;
- when the facts are not incorporated or not characterized enough or do not identify the author;
- the criminal irresponsibility of the accused;
- when the defendant dies;
- where amnesty.
France
In France , the dismissal is pronounced by the judge. It may be during the procedure or at the close of the record on an application (recommendations) of Attorney. It may also be delivered during the examination of the complaint with a civil action by the judge lorqui it considers that the facts alleged by the plaintiff vraisemblablemnt have not been committed.
The non-place is different from the acquittal. He and the acquittal is pronounced after a trial, respectively, by the Assize Court or any other criminal court. The prosecution may, in case of discovery of new evidence, reopen the case only when the order of dismissal is justified in fact and not droit.On known as the resumption of the procedure for new charges, such as to give the facts of new developments relevant to the truth (Art 189 CCP) or to strengthen the charges against the accused and which were too low to justify a dismissal or impeachment.
He is given the opportunity to plaintiff to appeal the order of dismissal.
The judge may, with the consent or request of the defendant, order the issuance of the order of dismissal.
In addition, the person indicted or complained against and who was granted a dismissal, without prejudice to any action for false accusation, to apply for damages to the criminal court where the case was heard.
Since the Act of June 15, 2000 , is given the opportunity to put into consideration to ask the court to pay as compensation for expenses not paid by the state but exposed by it. This allowance is the default charge state, except the judge's decision to transfer to the plaintiff when the latter is responsible for setting in motion the action.
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