Book 4: Methods of Reviewing Judgements
Section 2: Cassation 249-265
Article 249


A. The Public Prosecution, the accused, the complainant, the civil plaintiff and the person who is liable under civil law have the right to appeal to the Court of Cassation against the provisions, decisions and judgments issued by the Court of Misdemeanours or86 Court of Felonies on a misdemeanour or felony, if it was based on a breach of the law or a mistake in the application of the law or in its interpretation, or if there was a fundamental error in the standard procedures or in the assessment of the evidence or of the penalty, and this error influenced the judgment.


B. A mistake in the proceedings cannot be ignored unless it has not been damaging to the defence of the accused.


C. No individual appeal for cassation will be accepted over decisions issued on matters of jurisdiction, over preparatory and administrative decisions or any other decision on which there has not been a ruling in the case, unless it is subject to a halt in progress in the case; decisions involving arrest, detention and release on bail, or release without bail are also excluded.