Selecting a language will automatically trigger the translation of the page content.

Appeal against a civil or criminal judgment

Verified 01 January 2022 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

It is possible to retry a case for which a first decision has been taken. The case is then examined and retried by the Court of Appeal. All parties involved in the trial (plaintiff, defendant, prosecutor...) can appeal. The appeal must be made within a certain period of time.

Civil judgment

All parties to the trial have the opportunity to call, applicant like defendant. This right may be exercised by a single party or by all parties.

In the case of non-contentious matters (i.e. cases where there is no adversary, such as adoption), this right belongs to the person concerned by the decision. But it can also be exercised by those to whom the judgment has been notified.

An appeal is possible when the decision states that it is made in first spring. The appeal is not possible when it indicates that it has been rendered in first and last resort. The only possible recourse is then the appeal in cassation.

FYI  

the magistrates examining the appeal in cassation do not retry the case. They check that the law and the procedure have been applied.

Only a decision on the merits, that is to say, a decision which has settled the dispute or certain points in the dispute, may be challenged on appeal.

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 the reconditioning or judgments during pretrial
  • Decisions of the enforcement judge
  • Dismissal orders for request

It is 10 days in matters of judicial reorganization or liquidation.

The appeal period shall be increased by 1 month for the part which remains in overseas whereas 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 staying abroad.

The call delay starts from significance the decision by a Commissioner of Justice (formerly a bailiff and a judicial auctioneer), notification by the graft or from delivery of the decision at a public hearing.

Even if the judgment has not been served on him, a party who attended the hearing may not appeal more than 2 years after the judgment has been delivered.

FYI  

if you want to benefit from legal aid (AJ) to appeal, you must file this application during the appeal period. AJ's request interrupts the appeal period, that is, a new appeal period starts from the decision of AJ's office.

The decision of the first judge shall be enforceable even if a party appeals, unless the judge decides otherwise and gives reasons. 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 stop provisional execution.

The case is fully retried by the Court of Appeal.

You can't reapply to the court of appeal. There is an exception if the new application is the consequence or complement of the original application.

Example :

If the verdict is on the side wall with your neighbor, you can't ask the court to rule on his hedge.

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, etc.)

Répondez aux questions successives et les réponses s’afficheront automatiquement

General case

The lawyer is obligatory to file an appeal. He is the one who takes care of the procedures.

The statement shall be made at the Registry of the Court of Appeal, accompanied by a copy of the contested decision.

Who shall I contact

FYI  

the remedies and procedures are always indicated in the act of significance by Commissioner of Justice (formerly bailiff and judicial auctioneer) or the notification by the transplant.

If you don't have enough resources, you can legal aid to cover all or part of these costs.

Guardianship and protection of adults

You must fill out the cerfa form n°15774.

Declaration of appeal to the civil court (without compulsory representation)

The statement 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 (formerly bailiff and judicial auctioneer) 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 statement must be made at the Registry of the Court of Appeal. The competent court of appeal is not necessarily in the same city as the court that issued the original judgment.

Who shall I contact

Example :

For a judgment given in Lille, the Court of Appeal of Douai has jurisdiction.

FYI  

the remedies and procedures are always indicated in the act of significance by Commissioner of Justice (formerly bailiff and judicial auctioneer) or the notification by the transplant.

All parties to appeal proceedings must pay a tax stamp in the amount of €225 where the use of a lawyer is compulsory. Beneficiaries of legal aid are exempt from this stamp.

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

If you wish to challenge the decision on appeal, you must introduce a appeal in cassation.

The appeal shall not prevent the judgment from being enforced.

Who shall I contact

In the case of an abusive appeal (done solely to delay the execution of the judgment for example), you can be fined a maximum of €10,000 and to pay damages.

Criminal judgment

All decisions of criminal courts can be appealed:

  • Correctional Court
  • Court of Assize
  • Examining Magistrate
  • Enforcement Judge

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.

The appeal period is 10 days.

The time limit shall run from the date of delivery of the decision at the hearing.

If the parties were neither present nor represented by a lawyer, the time limit shall run from significance of the decision.

FYI  

in the event of an appeal by one of the parties, the others shall have an additional period of 5 days in which to appeal.

The execution of the judgment is suspended: the sentence is not implemented. If the call also relates to civil interests, they cannot be recovered, that is, they cannot be paid for.

The case is retried by the Court of Appeal.

If the person is detained, the detention can be maintained by the judge. He must give reasons for his decision.

But it's possible that the detention would be in a sentencing facility, if it offered better conditions than a remand center.

The lawyer is not required to file an appeal.

All parties can appeal:

  • Defendant or accused in the case of a judgment of the court of assises
  • Civil party
  • Counsel for the parties
  • Civil liability (e.g. parents of a convicted minor child)
  • Public Prosecutor

The appeal shall be lodged by declaration at the registry of the court which issued the decision (at the registry of the remand center if the person is detained).

Who shall I contact

FYI  

the civil party can appeal only on the civil interests. That is, it can challenge the amount of compensation received, but not the penalty imposed on the perpetrator or the relaxation.

The procedure is free of charge. However, the convicted person will have to pay fixed procedural rights (€169).

FYI  

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

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

The magistrates of the Court of Cassation do not retry the case, but check that the law has been applied. They may confirm the decision or order a retrial.

Who can help me?

Find who can answer your questions in your region

  • Telephone administrative information - Allo Public Service

    The informants who answer you are from the Department of Justice.

    Cost: free service

    Service available at the following times:

    • Monday: 8.30am to 5.30pm
    • Tuesday: 8:30 to 12:15
    • Wednesday: 8:30 to 12:15
    • Thursday: 8.30am to 5.30pm
    • Friday: 1 p.m. to 4:15 p.m

FAQ