نظام طلب الرأي من محكمة النقض الفرنسية في المسائل الجنائية : دراسة تحليلية مقارنة بالتشريع المصري

الملخص EN

The main traditional role of the Court of Cassation - in criminal matters - in both the French and Egyptian legislation is Focuses on hearing appeals against final judgments issued by criminal courts, Which was decided on the subject matter of the criminal case, For violating the law, Which is, of course, assumed That the Court of Cassation intervene later in the consideration and determination of the criminal case.

Nevertheless, the French legislator saw the creation of a different role for the Court of Cassation in criminal matters, through which it could be present during the hearing of The criminal case and before deciding on its subject matter, and this presence is optional, as it is decided upon a request from the trial court, when it deems it appropriate to explore Opinion of the Court of Cassation on new legal issues that raise serious and multiple Difficulties, and on which the views of the different criminal courts differ.

What prompted the French legislator to decide this unconventional system is to try to limit the appeals filed before the Court of Cassation to challenge criminal judgments for violating the law, so he resorted to this system through which each of the parties to the criminal case - as well as the court of subject matter - surround the opinion of the Court of Cassation in a manner.

Advance in the legal issue governing the criminal case, with the consequent effect of accepting the judgment and not inclining to appeal it in cassation, And that Beside His desire to Unify a sound legal understanding of legal texts Rapidly.