Indictment Chamber Jurisdiction and Appeals
Explanation
This text is a simplified explanatory presentation of the legal rules, and is not a substitute for the legislative texts themselves. The Indictment Division (la chambre d'accusation) plays a pivotal role in reviewing the decisions of the investigating judge by hearing the appeal (l'appel), which is submitted to it directly or through the investigating judge, and it is obligated to decide on it within a time limit not exceeding ten days from the date the file is deposited with it.
The appeal entails a devolutive effect (l'effet dévolutif) limited to the boundaries of its subject matter and demands. For its formal admissibility, it is required to be deposited within the legal time limit, to include the legal grounds and clear demands, and to be accompanied by the signature of an appellate lawyer, so that the Division may then decide on the merits either by affirming the appealed decision, revoking it, or amending it, with the possibility for the defendant to claim damages according to the provisions of the law that govern this (Article 72) if the personal plaintiff's appeal results in a dismissal of charges against him.
The appeal of decisions for release on bail, release without bail, or the retrieval of arrest warrants violating due process is characterized by a suspensive effect that temporarily prevents the enforcement of the decision upon being challenged by the Public Prosecution or the personal plaintiff. The legislator has bound the Division to a decisive time limit of twenty-four hours for ruling, such that the Public Prosecutor is obligated to release the defendant by law and immediately in the event it expires without a decision being issued.
The powers of the Division expand in felonies, as it has the right to take cognizance, without a claim from the Public Prosecution, of connected crimes and their participants benefiting from the investigation, whereas non-connected crimes require an explicit claim from the Public Prosecution. The Division also possesses the right of evocation (l'évocation) over the merits of the case upon revoking certain decisions of the investigating judge, otherwise it returns the file to the First Investigating Judge to continue the investigation or refer it to another investigating judge.
The Division undertakes the completion of investigations itself or through one of its members, with the obligation to send the file to the Public Prosecution to express its opinion again on the merits before issuing the decision. It also has territorial jurisdiction to decide on requests for rehabilitation (la réhabilitation), and its decisions are subject to appeal before the Court of Cassation (la Cour de cassation) within a time limit of fifteen days according to legally specified grounds and a precise calculation of the time limit from the date of issuance, notification, or proven knowledge.
Official legal articles
Think deeper
How is the right of the Indictment Division to evoke the merits of the case linked to the nature of the appealed decision issued by the investigating judge according to the rules that determine its powers upon revoking his decisions?
Flashcards
Where is the appeal of the investigating judge's decisions submitted, and what is the time limit for the Division to rule on it?
It is submitted directly to the Indictment Division or through the investigating judge, and the Division rules on it within a maximum time limit of ten days from the time the file is deposited with it.
What are the legal conditions for the formal admissibility of an appeal before the Indictment Division?
It must be submitted within the legal time limit, include grounds and demands, and be signed by an appellate lawyer (Article 137).
What is the effect of appealing a decision for release on bail or release without bail, and what is the penalty for the expiration of its time limit?
It suspends the enforcement of the decision until it is ruled upon within 24 hours, and if they expire without a decision, the Public Prosecutor must release the defendant by law.
When does the Indictment Division take cognizance of crimes and persons without the need for a claim by the Public Prosecution?
If the investigating judge considers the defendant's act a felony, the Division examines all connected crimes benefiting from the investigation and their participants without a new claim.
What is the fate of the case if the Division revokes a decision dismissing the charges and does not evoke the merits?
The Indictment Division refers the file to the First Investigating Judge to continue the investigation therein or to refer it to another investigating judge.
What is the time limit for appealing by cassation against the decisions of the Indictment Division, and how does it begin?
Its time limit is fifteen days, beginning for the Public Prosecution from the date of issuance, and for the adversaries from the date of notification or proven knowledge of the decision.
What are the documents that must be attached to the request for rehabilitation submitted to the Indictment Division?
A copy of the judgment issued against the convicted person, and a criminal record dated no more than one month prior to the date of submitting the request.
Practice questions
What is the maximum time limit specified for the Indictment Division to rule on the appeal of the investigating judge's decision from the time the file is deposited with it?
The law obligates the Indictment Division to rule on the appeal of the investigating judge's decision within a maximum time limit of ten days from the time the file is deposited with it (Article 136).
If the Public Prosecution appeals the investigating judge's decision to release the defendant, and 24 hours expire without a decision being issued by the Division, what is the required procedure?
The law obligates the Public Prosecutor to release the defendant by law if the twenty-four hour time limit expires without the Indictment Division taking its decision on the suspensive appeal (Article 138).
If the investigating judge considers the act a felony, and during the investigation other crimes not connected to the original crime emerge, what is the required procedure to initiate the public action for them?
The law requires a claim by the Public Prosecution to initiate the public action for crimes not connected to the original crime (Article 140).
Which of the following conditions is not among the conditions stipulated by the law for the formal admissibility of an appeal?
The law specified the formal conditions as submission within the legal time limit, inclusion of grounds and demands, and signature by an appellate lawyer, without requiring the deposit of any cash bail (Article 137).
What is the mandatory procedure that the Indictment Division takes after completing additional investigations it conducted itself according to the law?
The law obligates that after completing the investigations, the Division returns the case file to the Public Prosecution to express its opinion again on the merits of the case, and then issues its decision (Article 142).
When does the time limit for appealing by cassation against the decisions of the Indictment Division begin for the defendant and the financially responsible party?
The law specifies the start of the fifteen-day time limit for the defendant, the financially responsible party, the guarantor, and the personal plaintiff from the date of notification according to due process, and one is considered notified if proven to have knowledge of it (Article 143).
Case problems
The investigating judge issued a decision to release the defendant (Samir) without bail pending investigation. Immediately upon the issuance of the decision, the Public Prosecution appealed it before the Indictment Division, requesting his detention. The Division received the file and registered it, and a full thirty hours passed without the Division convening or issuing any decision ruling on the appeal. Samir's counsel submitted a request for his immediate release based on the expiration of the time limit specified in the law.
Model answer
The law stipulates that the Public Prosecution's appeal of the decision to release the defendant without bail leads to temporarily suspending the enforcement of this decision until it is ruled upon (Article 138).
The law mandates ruling on this appeal within a maximum time limit of twenty-four hours from the date the appeal was submitted (Article 138).
The law establishes an inevitable effect upon the expiration of this time limit without the Indictment Division taking its decision, which is obligating the Public Prosecutor to release the defendant by law (Article 138).
Since the thirty-hour time limit has expired without a decision being issued by the Indictment Division, Samir's continued detention loses its legal basis, and the Public Prosecutor must release him by law and immediately.
Self-grading rubric
The investigating judge issued a decision dismissing the charges against the defendant (Nadim) in a misdemeanor case. The personal plaintiff appealed this decision directly before the Indictment Division within the legal time limit, through a petition signed by an appellate lawyer and detailing the grounds and demands. The Division examined the appeal and decided to revoke the decision dismissing the charges, but it hesitated regarding the next procedure to be followed to dispose of the case file.
Model answer
The law stipulates that the personal plaintiff's appeal against the decision dismissing the charges re-initiates the public action and devolves it in its entirety before the Indictment Division (Article 137), and the fulfillment of the formal conditions mandates its formal admissibility.
The law specifies that upon the Indictment Division revoking the investigating judge's decision dismissing the charges, the Division has two explicit legal options (Article 140).
The first option: The Indictment Division decides to evoke the merits of the case, thus undertaking to rule on it and carry out the necessary procedures.
The second option: If the Division chooses not to evoke the merits of the case, it is obligated by law to refer the file to the First Investigating Judge to continue the investigation therein or to refer it to another investigating judge.
If the Division initiates investigations itself or through its member, it must send the file to the Public Prosecution for its opinion again before the decision according to the law (Article 142).
Self-grading rubric
A person convicted of a theft misdemeanor residing in Baabda submitted a request for rehabilitation before the Indictment Division in Mount Lebanon, to which his place of residence belongs. He attached to his petition an official copy of the judicial judgment issued for his conviction, and a criminal record he extracted seventy days prior to the date of submitting the request. The Division assigned one of its counselors to study the papers. What is the evaluation of the validity of the request and the procedures taken regarding it?
Model answer
The law grants the Indictment Division to which the convicted person's place of residence belongs jurisdiction to examine the request for rehabilitation for a person convicted of a felony or misdemeanor upon his request (Article 144).
The law specifies the conditions and documents that must be attached to the request, which are a copy of the judgment and a criminal record dated no more than one month prior to the date of submitting the request (Article 144).
Applying this to the facts of the case, it becomes clear that the attached criminal record was issued seventy days ago, which constitutes an explicit violation of the time condition specified in the law (Article 144).
The Division's procedure of assigning one of its members to verify the conditions and draft a report is considered a valid procedure according to the law (Article 144), and the convicted person must complete the deficiency by submitting a recent criminal record not older than one month so that the file can be deposited with the Public Prosecution for its opinion.