Appeal against a civil or criminal judgment

Verified 23 November 2023 - Legal and Administrative Information Directorate (Prime Minister), Ministry of Justice

Want to retry a case that has been decided? You must appeal the decision. The case is then examined and retried by the Court of Appeal. We give you the information you need to know.

Civil judgment

An appeal of a decision is possible when:

  • it has decided the dispute or certain points of the dispute, that is to say that the judge has responded to the requests by granting or not granting them
  • it is rendered at first instance

Where the decision is given in last resort the call is not possible. This is the case for disputes with amounts less than €5,000. The only possible recourse is then the appeal in cassation.

FYI  

the remedies and procedures are always indicated in the act of significance of the decision by the Commissioner of Justice or the notification by the transplant.

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 given notified. The public prosecutor may also appeal those decisions.

The time limit for appealing is1 month for civil judgments.

However, this time limit is reduced for certain decisions.

It's 15 days in the following situations:

  • In non-contentious matters (adoption, change of matrimonial regime, guardianship, for example)
  • Orders for interim measures or in the form of interim measures
  • Interim measures orders in matters of divorce
  • Orders of reconditioning or judgments during pretrial
  • Decisions of the enforcement judge
  • Dismissal orders for request

It's 10 days in matters of judicial reorganization or winding-up.

The appeal period is increased by 1 month for the part remaining in overseas when the decision was taken in mainland France. The same applies to decisions taken overseas for the person residing in the metropolis.

The appeal period is increased by 2 months for the person residing abroad.

The appeal period begins from significance the decision by a Commissioner of Justice, notification by the graft or from delivery of the decision at a public hearing.

FYI  

the statement of appeal shall be declared inadmissible if the time limits have not been complied with. The case will not be reviewed by the Court of Appeal.

Warning  

the party who has appeared may not appeal after two years from the date of the decision.

If you want to benefit from legal aid to appeal, you must file this application during the appeal period. This request will have the effect ofto interrupt the time limit for appealing. A new time limit, of the same duration as the initial time limit, will start running again from the final decision to grant or reject legal aid.

FYI  

if you have received legal aid during the procedure and the other party appeals, legal aid is granted by right if you request it.

Representation by attorney is required.

However, exceptions exist for the following procedures:

  • Protection of adults (guardianship, guardianship, family empowerment...)
  • Disputes prud'homal (representation may be provided by a union advocate)
  • Over-indebtedness
  • Placement of a child by the juvenile judge
  • Parental authority (delegation and partial or total withdrawal)
  • Joint Rural Lease Court case
  • Social pole case (social security, disability...)

If you want to be assisted by a lawyer for your efforts and your resources are insufficient, you can benefit from legal aid You have to request it during the appeal period, which will interrupt the appeal period. A new time limit, of the same duration as the initial time limit, will start running again from the final decision to grant or reject legal aid.

FYI  

before the court of appeal, you can appeal to a lawyer other than the one you had at first instance.

General case

The lawyer is mandatory to appeal. He's the one who does the paperwork.

The statement of appeal is made at the registry of the court of appeal, accompanied by a copy of the contested decision.

Who shall I contact
guardianship and protection of adults

You can appeal directly without a lawyer. You must fill out 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 Protection Litigation Judge.

Who shall I contact

FYI  

the remedies and procedures are always indicated in the act of significance by Commissioner of Justice or the notification by the transplant.

If the use of a lawyer is not mandatory

You must fill out 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 of the jurisdiction of the court which issued the decision. The Court of Appeal may be located in another city the court (for example: for a judgment given by the court of justice of Lille, the court of appeal of Douai has jurisdiction).

Who shall I contact

FYI  

the remedies and procedures are always indicated in the act of significance by Commissioner of Justice or the notification by the transplant.

FYI  

it is possible to appeal the entire decision or to limit the appeal to certain decisions of the judgment;

The case is fully rejudged by the Court of Appeal.

The Court of Appeal rejudges the entire judgment.

It can confirm the decision of the court in whole or in part.

She can overturn (i.e. set aside) the decision of the original judges in whole or in part.

A new application may not be submitted to the Court of Appeal unless the new application is a consequence or complement of the original application.

In the event of an appeal, the decision of the first judge is enforceable unless otherwise provided for in the decision. This means that you can to enforce the judgment disputed, even if you appeal (for example, payment of damages, restitution of an object).

FYI  

it is possible to request by interlocutory the first president of the court of appeal to suspend provisional execution.

FYI  

In case abusive calling (for example, which is intended to delay the execution of the judgment), you may be fined a maximum of €10,000 and to pay damages to the other party.

If you wish challenge the decision on appeal, you have to make a appeal in cassation.

The appeal shall not prevent the judgment from being enforced.

Who shall I contact

All parties to appeal proceedings must pay a tax stamp in the amount of €225 where the use of a lawyer is compulsory.

This electronic tax stamp is purchased online or at tobacco stores equipped to sell it.

FYI  

beneficiaries of legal aid are exempt from this stamp.

Criminal judgment

All decisions of criminal courts can be appealed:

  • Police Court for decisions rendered for contraventions of 5e class, decisions imposing a penalty of suspension of the driving license, decisions imposing a fine exceeding €150, following referral to the Regional Director of the Forestry Administration
  • Correctional Court
  • Court of Assize
  • Examining Magistrate
  • Enforcement Judge
  • judge of liberty and detention

The appeal may be against the decision in whole or in part.

FYI  

if the decision was rendered by defect (i.e. when the defendant is absent and has not been informed of his/her 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 court of assises
  • Person responsible for civil matters
  • Civil party
  • Public Prosecutor
  • Government agencies exercising public action (e.g. customs)
  • Attorney-General of the Court of Appeal

This right may be exercised by a single party or by all parties.

FYI  

the person civilly liable and the civil party may appeal the decision only on the civil interests

The appeal period is 10 days.

The deadline is counting of delivery from decision to hearing.

If the parties were neither present nor represented by a lawyer at the hearing, the period shall run from significance of the decision.

FYI  

in the event of an appeal by one of the parties within the 10-day period, the other parties shall additional period of 5 days to appeal.

It is not necessary to have recourse to a lawyer to appeal a criminal decision. You may appear alone before the Court of Appeal.

FYI  

it is possible to ask legal aid to appeal and be assisted by counsel at the appeal court hearings.

The appeal shall be made by statement to court registry who made the decision (or at the registry of the remand center if the person is detained).

The lawyer is not required to file an appeal.

Who shall I contact

The defendant may appeal against all convictions civil and criminal or limit their call civil convictions or criminal convictions only.

The civil party and the civilly liable may appeal only civil provisions of judgment. They cannot appeal the relaxation or the penalty imposed on the perpetrator.

The public prosecutor or the public prosecutor may appeal only penal provisions of the decision.

The effects of the appeal differ depending on whether the appeal is for criminal or civil convictions or the entire decision.

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Appeal concerning only the criminal conviction

Where the appeal relates only to the criminal conviction, the sentence is not carried out.

The Court of Appeal retry the case.

It can confirm the decision of the original judges, the sentence which then applies, is that which was pronounced in the judgment under appeal.

She can overturn (i.e. set aside) the decision of the original judges and to impose another sentence which will be smaller or larger.

If the judgment has ordered the defendant to pay damages, the civil party may enforce the judgment and to recover the sums allocated to it.

FYI  

If the prosecutor didn't appeal of the decision, the court of appeal cannot impose a more severe sentence than the judgment under appeal. If the person is detained, the detention may be maintained by reasoned decision.

Appeal only concerning civil interests

Where the appeal relates only to civil interests, the Court of Appeal does not retry the criminal conviction.

The enforcement of the judgment on civil interests shall be suspended.The civil party cannot recover the damages except if the decision shall specify that the decision is enforceable by provision.

In the event of enforcement and conviction by the Court of Appeal less damages , the civil party must repay the overpayment.

The civil party cannot make new requests before the court of appeal, but it may to reassess the amount of the sums which she wants.

FYI  

it is possible to request by interlocutory to the first president of the court of appeal of to suspend provisional execution if it is likely to lead to manifestly excessive consequences.

Similarly, where provisional execution has been refused or has not been requested, may be granted, in the event of an appeal, by the first President, interlocutory.

Appeal on the whole decision

The Court of Appeal reconsiders all the provisions of the judgment.

It can confirm the decision of the first judges.

She can overturn (i.e. set aside) the decision of the original judges.

The civil party may enforce the judgment and recover the sums allocated to it if the decision provides for the provisional execution of the directive.

It is possible to request by interlocutory to the first president of the court of appeal of to suspend provisional execution if it is likely to lead to manifestly excessive consequences.

Where provisional execution has been refused or has not been requested, it shall may be granted, in the event of an appeal, by the first president Acting in interlocutory.

FYI  

if the prosecutor didn't appeal of the decision, the court of appeal cannot impose a more severe sentence than the judgment under appeal. If the person is detained, the detention may be maintained by reasoned decision.

The decision of the Court of Appeal may be challenged by making a appeal in cassation.

Judges of the Court of Cassation don't retry the case, but check that the law has been applied.

The procedure is free.

The sentenced person must pay fixed procedural rights (€169). These rights are due even if legal aid has been granted.

Who can help me?

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