LexGo

Criminal procedure


Proposed amendment to the code of criminal procedure

Proposed amendment to the code of criminal procedure
01/02/2016

The Minister for Justice has proposed a new draft law No 6887, dated October 7th 2015 (the “Draft Law”) to insert a new paragraph 6 to Article 3 of the Code of Criminal Procedure. This new provision provides that the absence of a criminal conviction does not preclude the exercise of an action before the civil courts to claim compensation for damages pursuant to the rules of civil law. In practice, this amendment will bring an end to the theory of the unicity of civil and penal offences which has prevailed in courts until now.

Read more
Introduction of The Plea Bargaining Procedure In Luxembourg Law / Introduction De La Transaction En Matière Pénale En Droit Luxembourgeois

Introduction of The Plea Bargaining Procedure In Luxembourg Law / Introduction De La Transaction En Matière Pénale En Droit Luxembourgeois
17/06/2015

The first criminal case on the basis of the newly adopted plea bargaining procedure in Luxembourg called « judgment upon consent » has been settled by a lawyer within our firm. This procedure provides that an agreement can be reached between the public prosecutor and the accused person for criminal offences that are subject to less than 5 years of imprisonment. The agreement contains a recognition of guilt as well as the offences and sanctions agreed upon. Criminal courts must approve the agreement at a final stage.

Read more

Click here to see the ad(s)

LexGO Network