Cour de Cassation, Chambre criminelle, du 18 juillet 1974, 73-92.016, Publié au bulletin
Presiding Judge | Pdt M. Rolland |
Case Outcome | REJET |
Counsel | Demandeur Av. M. Talamon |
Docket Number | 73-92016 |
Date | 18 juillet 1974 |
Court | Chambre Criminelle (Cour de Cassation de France) |
Publication au Gazette officiel | Bulletin des arrêts Criminel Chambre criminelle N. 258 P. 659 |
SUR LE MOYEN UNIQUE DE CASSATION PRIS DE LA VIOLATION DE L'ARTICLE 8 DU CODE DE PROCEDURE PENALE, DE L'ARTICLE 408 DU CODE PENAL, DE L'ARTICLE 1382 DU CODE CIVIL, ENSEMBLE VIOLATION DE L'ARTICLE 485 DU CODE DE PROCEDURE PENALE, POUR DEFAUT DE MOTIFS, MANQUE DE BASE LEGALE, "EN CE QUE L'ARRET ATTAQUE N'A ECARTE QUE POUR PARTIE L'EXCEPTION DE PRESCRIPTION SOULEVEE PAR LE DEMANDEUR;
"ALORS QU'EN CE QUI CONCERNE LES FAITS DE DETOURNEMENT D'INDEMNITES DE DOMMAGES DE GUERRE RETENUS A SA CHARGE, L'ARRET ATTAQUE NE S'EXPLIQUE PAS SUR LES CONCLUSIONS DU DEMANDEUR QUI AVAIT AFFIRME QUE LA DAME Y... AVAIT EU CONNAISSANCE DES FAITS A UNE DATE BIEN ANTERIEURE DE CELLE ADMISE PAR LES JUGES DU FOND, CE QUI RESULTAIT, NOTAMMENT DE LA CORRESPONDANCE QU'ELLE AVAIT ECHANGEE AVEC L'ASSOCIATION DES COMPAGNONS DU TOUR DE FRANCE, ET, QUE, DE TOUTES FACONS L'ARRET NE DONNE PAS DE PRECISIONS SUR LE POINT DE DEPART EXACT DU DELAI DE PRESCRIPTION";
ATTENDU QU'IL APPERT DE...
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