For all negotiations, the parties may entrust the defence of their case to a lawyer registered with the foreign Bar. In this case, the prior authorisation of the president of the court seised is required for this lawyer to be able to plead before the Monegasque courts. It shall have the power to obtain from duly qualified persons any information it considers necessary to assess the situation of the undertaking and the prospects for restructuring. For example, it may convene creditors to a meeting, appoint one or more of the auditors appointed to assist it in supervising the work of insolvency administrators, or dismiss them by court decision, take precautionary measures, etc. More generally, the President of the Court of Appeal ensures the proper functioning of the examination offices. It shall ensure that there is no delay in the proceedings. It examines the situation of detainees. During the first week of each quarter, he receives from each investigating judge a detailed report on the proceedings in progress. The judge responsible for reviewing expert reports is appointed either by the judge hearing the application for interim measures or by the Court of First Instance to review and control requests for expert opinions ordered by those courts.
Search: `Court of First Instance` in Oxford Reference » From: Court of First Instance in A Dictionary of Law » At appeal hearings, the President first questions the defendant. Subsequently, the witnesses are questioned and, if necessary, the applicant makes statements. The prosecution then makes its case, and the defendant and the person responsible for the damages defend themselves. The accused must be the last to speak. A court of first instance is different from a court of appeal, which is a court of last resort. In the federal judicial system, a federal district court is a court of first instance, while the Supreme Court is the court of last instance. The guardianship judge does not rule publicly. In the performance of his duties, he is assisted by a civil registrar or, if he is unable to act, by a person sworn by the guardianship judge for this task. In addition, the Ministry of Justice provides him with the assistance of a social worker to carry out, under his supervision, all tasks involving the obtaining of information, supervision or execution deemed necessary. In the exercise of his functions, the investigating judge has the power to take all measures he deems necessary to establish the truth.
In all cases, the notice of removal must set out the alleged facts alleged against the accused and accurately record the pleadings. The parties may appear in person or be represented by a lawyer. If voluntary appearance is not made, a subpoena may be served. The time limit for appearance must be at least one day for residents of Monaco. No application for annulment of the decision on such interim measures may be lodged, but an appeal may be lodged within one week of notification. (4) This procedure, based on Article 406 of the Code of Criminal Procedure, is regularly used in the Principality and does not present any particular difficulties. (5) The power to grant probation rests with the Minister of Justice, subject to the formal and lasting conditions laid down in Sovereign Decree No. 4034 of 17.
May 1968 (Sovereign Ordinance No. 4.035 of 17 May 1968). Appeals are heard by the Court of Appeal, which sits in chambers as an investigating court. In the absence of an investigating judge, the Court of Appeal, sitting in chambers, also has the power to rule in his place at the request of a party to the prosecution. This authorisation is subject to the assistance of a Monegasque defence lawyer during the trial and closure, with the exception of defendants before the prison court. If the accused is not remanded in custody, the court announces an acquittal. The accused must appear in person before the prison court, if necessary with the assistance of a lawyer. In cases where the offence is not punishable by imprisonment, the accused may be represented by a lawyer. An accused who does not agree to appear is sentenced in absentia. During the preliminary inquiry, lawyers send each other the documents they intend to use and exchange briefs. If the parties consider that the case is under investigation, the President of the Tribunal shall set a date for the hearing.
The Court currently has two review offices, each headed by two judges. When providing written information, they must be assisted by a clerk or, failing that, by a person sworn by the investigating judge especially for that purpose. The investigating judge is seized either at the request of the Public Prosecutor`s Office or on the basis of a complaint filed by an injured party (against unknown persons or by means of a request for civil participation). The investigating judge may also intervene in cases of serious offences or flagrante delicto. All serious crimes must be investigated. The functions of guardianship judge are exercised by a judge of the court of first instance, appointed by order of the Secretary of Justice for a period of three years. Provisional guardianship judges may be appointed in the same manner. There must be an unambiguous delay of at least three days between the summons and the date of appearance, failing which the summons and a judgment rendered in absentia are void. The verdict will be announced at a public hearing between seven days and eight weeks later.
If reconciliation is unsuccessful, it issues a disenfranchisement order and allows the applicant to apply for divorce in the trial court. By the same decision, it provides for provisional measures for the spouses` stay, their personal effects, advances for procedural costs, applications for maintenance, provisional custody, rights of access and child-rearing conditions. If it is necessary to carry out investigations abroad, the investigating judge, through the Public Prosecutor`s Office, sends a request for mutual legal assistance to the competent foreign authority (3). The conciliating judge decides on applications for divorce or separation. It is possible to file a summary application for an injunction against an application in the cases provided for by law or if the judge does not allow it. The guardianship judge also obtains the necessary consents for simple adoption or legitimization of the adoption of a minor (1). The guardianship judge is also responsible for supervising the administration of justice, guardianship and other measures taken with regard to adults with disabilities. The investigating judge issues decisions in the form of reasoned orders. In all matters, decisions of the guardianship judge must state the reasons on which they are based and may be referred to the Court of Appeal, which rules in private within one month of the appeal (2). 3. The Attorney-General shall address the international application to the Ministry of Justice, from where it shall be transmitted to the Ministry of Foreign Affairs for notification to the competent foreign authority through diplomatic channels. Once the request has been served, it is returned to the investigating judge by the same means.
Monegasque courts also have the power to issue international applications according to the same requirements. Once a summons to appear has been duly registered at the registry, the defendant is required to appear before the court. This appearance is usually made by a defence lawyer, who represents the defendant. The courts of the Principality exercise jurisdiction over Monegasque and foreign citizens. The summary order of the court is made following litigation. The order is enforceable, but is not considered the last instance of the issue to be assessed. The summary decision therefore does not govern the ongoing proceedings. The guardianship judge is empowered to rule on difficulties in family relations in the cases provided for by law. Law No. 783 of 15 July 1965 on the Judicial System Its task is to achieve reconciliation between the spouses by questioning each of them individually and then together.
Any party represented or assisted by a defender is deemed to be domiciled with that party, unless there is a claim to the contrary. In accordance with the principle of the right of appeal, the public prosecutor may in any event appeal against the decisions of the investigating judge. Defendants and complainants also have this right of appeal if they can demonstrate their consent under the conditions provided for in the Code of Criminal Procedure. The Court of First Instance is a collegiate court hearing civil (court of first instance) and criminal (criminal court) cases. To this end, the judge invites the parties and experts to a meeting to determine the beginning of the procedure and to determine the expert`s advance. The judge has absolute power to change the task of the expert and the time limit for submitting the opinion and, in some cases, even to replace the expert.
