Founded in 2012 by Me Ahlem NESSAH, the firm mainly intervenes in the law of foreigners and nationality. Faced with complex and constantly changing regulations, the assistance of a lawyer in immigration law is becoming widespread.
Me NESSAH's expertise is recognized for all matters related to the entry, protection and residence of foreign nationals.
She advises, assists and defends her clients, particularly in the context of the following legal steps and procedures:
Founded in 2012
50 people in their team
Immigration and Aliens Law
Me NESSAH, asylum lawyer, assists people who have just left their country because their life and physical or mental integrity are threatened, in the asylum application procedure.
After submitting an asylum application and having been received by the OFPRA (French Office for the Protection of Refugees and Stateless Persons), this organization will decide to grant you refugee status or subsidiary protection.
OFPRA recognizes refugee status or grants subsidiary protection to people who meet the conditions defined by domestic or international law, particularly with regard to the notion of persecution. For lack of sufficient evidence, OFPRA frequently refuses to grant you status or protection.
Me NESSAH, asylum lawyer, will be a privileged interlocutor throughout the procedure. Whether during your interview at OFPRA or before the National Court of Asylum Law which rules in first and last resort, under the control of the Council of State, judge of cassation.
When the asylum application file has been registered, a letter is sent to the asylum seeker. This document is essential for the asylum seeker because it contains his file number and allows him to obtain a receipt from the prefecture valid for six months and then renewable every three months for the duration of the asylum application procedure. asylum.
The Office summons each applicant to a hearing, except for exceptions listed by law. The purpose of the hearing is to allow the asylum seeker to fully explain the reasons for his request, to complete or correct his written account and to clarify any gray areas.
The Protection Officer's questions aim to obtain a complete view of the events experienced by the applicant and the reasons for his fears. The applicant's oral statements and his answers to the questions put to him are one of the essential elements for assessing, during the investigation phase, the well-foundedness of the fears of persecution.
This interview takes place, if necessary, in the presence of an interpreter.
The oral statements are recorded in a quasi verbatim report on a form which indicates in particular the duration of the interview and also contains administrative headings related to the situation of the members of the applicant's family.
Me NESSAH, asylum lawyer, prepares and assists you during this interview.
OFPRA decisions may be subject to appeal. Three types of OFPRA decisions can be contested and be the subject of an appeal written by a lawyer before the National Court for the Right to Asylum:
Please note: OFPRA decisions relating to the rejection of a statelessness application or a refusal to register an asylum application can also be appealed. The territorially competent court is the Administrative Court of Melun.
An asylum seeker residing in mainland France has one month from notification of OFPRA's decision to file an appeal with the CNDA.
An asylum seeker residing overseas has an additional period of one month, i.e. 2 months from the notification of the Office's decision, to lodge an appeal with the CNDA.
Me NESSAH, national court lawyer for the right of asylum, represents you before the Court.
Please note: The date of notification by OFPRA is the date on which the applicant received the response from OFPRA by registered mail with acknowledgment of receipt or the date on which the postman files a transit advice note if the mail has not not been claimed.
If an application for legal aid has been filed before the appeal is transmitted, this interrupts the appeal period. Under these conditions, a new appeal period begins to run from the date on which the applicant receives the decision from the legal aid office.
An asylum seeker residing in mainland France has one month after notification of OFPRA's decision to file his appeal with the CNDA. For asylum seekers residing overseas, the appeal period is extended to two months.
The appeal sent to the CNDA must be written in French and contain the following information:
A letter setting out the subject of the request and the arguments in fact and in law invoked by the applicant to contest the OFPRA's decision. The appeal must therefore be substantiated and signed by the asylum seeker or his lawyer. The applicant can attach documents to support their story.
When a case is listed for a hearing, the Court summons the parties. During the same hearing, several cases are mentioned. Lists of cases processed are posted on the door of each courtroom.
When a case turns out to be sensitive, Me NESSAH, an asylum lawyer, systematically asks the President of the court formation to allow the debate to take place behind closed doors.
After the call of the case by the secretary, the President gives the floor to the rapporteur who proceeds to the reading of his report. This report mentions the elements necessary to shed light on the debate without taking sides on the meaning of the decision.
The main elements of the report are translated to the applicant by the interpreter.
Then, the three members of the court formation can put questions to the applicant, who can be assisted by an interpreter if necessary. It is only at the end that the asylum lawyer is invited to present oral observations, although he can nevertheless expressly ask to present his observations before the phase of the questions put to his client.
Finally, the OFPRA representative, when present, may in turn present observations.
The meaning of the decision is displayed in the premises of the Court approximately three weeks after the hearing. The judgment is then sent to the parties by post in the form of a registered letter with acknowledgment of receipt.
The judging panel can:
Criminal law of natural or legal persons
Me NESSAH, criminal lawyer for the Authors, intervenes 7 days a week, from the start of the criminal proceedings to the judgment. An emergency number is provided and available on this page.
THE GUARD SAW
In criminal law, police custody is defined as a measure of constraint by which a judicial police officer (gendarme or police officer) detains a person who, for the purposes of the investigation, must remain at the disposal of the police services. police.
A person can only be taken into police custody if there are plausible grounds against them to suspect that they have committed or attempted to commit an offence.
The duration of custody is 24 hours.
It can be extended by 24 hours or 48 hours maximum, with the authorization of the Public Prosecutor.
However, for narcotics, organized crime and terrorism cases, the duration may be up to 96 hours.
The person in custody must be immediately informed:
Me NESSAH, a criminal lawyer, will be present from the start of the custodial measure and throughout the duration of your police custody (interviews and hearings).
At the end of this police custody, several hypotheses are possible:
IMPORTANT
If a loved one or a member of your family is brought in at the end of their police custody, there is a significant risk of immediate appearance and/or incarceration.
In order to allow us to act in the best interest of the person in custody, it is essential to communicate to us, very quickly, documents allowing us to help him (employment contract, payslip, family record book, etc.). ).
IMMEDIATE APPEARANCE / CRIMINAL COURT
Cabinet ANKH assists you during the hearing of immediate appearance before the Criminal Court to defend you in the best of your interests. While fines are judged by the Police Court, the Correctional Court is a trial court, attached to the High Court, which rules exclusively in criminal matters.
This means that the Criminal Court judges offenses called misdemeanors committed by adults prosecuted as perpetrators of the offense, co-authors of the offense or accomplices to the offence. Before the Criminal Court, the persons prosecuted are called “defendants”.
The hearings of the Correctional Court ruling "with a single judge" relate to the least serious cases (such as for example traffic offences) in the case where the penalty incurred is less than 5 years of imprisonment. It is also a single judge of the Criminal Court who approves your sentence when you appear within the framework of the procedure of Appearance on Prior Recognition of Guilt or "CRPC".
Debates normally take place in the presence of the public.
IMPORTANT
As a defendant at the Criminal Court, you always have the last word.
Judgment of your case is either delivered "on the bench" (i.e. immediately) or "advised", (generally the same day after the adjournment or at a later date indicated by the President ).
As a defendant, you can appeal this judgment to the Court of Appeal. The Public Prosecutor and the plaintiff can also appeal against this judgment.
It should be noted that the prison sentence to which you are sentenced may be suspended with or without probation. In this case, if you do not commit a new offense during the duration of your probation, you do not carry out this prison sentence.
Whether you are warned in the context of a "single judge" hearing or in a collegial formation, Me NESSAH prepares you for your appearance and defends your interests before the Criminal Court.
For this, Mr. NESSAH will first look for nullities in the proceedings allowing us to request the court to release them:
These are essentially cases of nullity resulting from non-compliance with the rules of procedure in criminal law.
Me NESSAH will make every effort to help you obtain a dismissal, a release, an acquittal or a sentence taking into account your personality and your degree of participation in the commission of the offence.
Indeed, in the absence of nullity, we will constitute a file allowing to considerably reduce your sentence. For this, it is essential to send us, very quickly, documents allowing us to defend you in the best of your interests (employment contract, payslip, family record book, etc.).
THE INDICTMENT AND INSTRUCTION
The indictment generally follows your placement in police custody . It is the exclusive competence of the investigating judge. It should be noted that if you are a minor, you can be indicted by an investigating judge but also by a juvenile judge (thus exercising the functions of an investigating judge: when the facts of which you are accused are simple).
The indictment targets the person against whom there are serious or concordant indications making it likely that he or she may have participated, as author or accomplice, in the commission of an offence.
Appearance in the presence of your lawyer for an examination called a first appearance examination or "IPC". During this interrogation, the magistrate
checks your identity and address and asks you to explain the offenses with which you are charged,
Right to remain silent, to answer questions from the investigating judge or to make spontaneous statements.
You can also be summoned to this first appearance interrogation by registered letter or by a judicial police officer. You are then freed from your placement in police custody and you appear later before the investigating judge. This type of summons is quite often used for fairly simple cases that fall within the jurisdiction of the juvenile judge.
At the end of your first appearance interrogation, the investigating judge may decide to place you under investigation or to grant you the status of assisted witness (intermediate status between that of indicted and that of simple witness).
He then decides to bring you before the Judge of Liberties and Detention who can decide to place you:
Me NESSAH, criminal lawyer, after having consulted your file and having discussed it with you, reminds you of your rights, ensures that they are respected and assists you throughout the duration of your indictment.
The investigation, following the indictment, is a phase of the criminal procedure during which the investigating judge is responsible for gathering evidence on the commission of an offence.
During the instruction, you have rights. In particular, you can request documents:
The investigation phase can last a longer or shorter time depending on whether the case you are accused of is criminal (crime) or tort (misdemeanor). The investigating judge must investigate for and against.
Within the framework of the instruction, there is also the Chamber of the Instruction which is a formation of judgment of the Court of Appeal (a 2nd level of jurisdiction) which is competent to judge appeals against the decisions of the judges of investigation and Liberties and Detention judges (for example: the Investigating Chamber is competent to judge the order rejecting release issued by the Liberties and Detention judge).
It is useful to specify that the investigating judge (who investigated your case) cannot judge you before the trial court (Correctional Court, Court of Assizes).
The investigating judge is not competent to decide on your placement in pre-trial detention or to decide on the extension of your placement in pre-trial detention: these functions are devolved to the Judge of Liberties and Detention or "JLD".
The examining magistrate constitutes the first level of instruction. At the second level, it is the investigating chamber which is competent. The latter decides on appeals against the orders of the investigating judges and against the decisions of the judge of freedoms and detention.
Whether you are placed under judicial control or in pre-trial detention, Me NESSAH, criminal lawyer, assists you throughout the investigation of your case, on the one hand, by informing you in real time of the progress of your file and, on the other hand, by carrying out the various requests for acts or release in your interest.
THE ASSIZE COURT
In criminal law, the Court of Assizes is competent to try adults who are accused of common law crimes. In principle, hearings before the Court of Assizes are public unless the Court so decides or the victim requests it. In this specific case, the hearing will then take place “in camera” (without the presence of the public).
The Assize Court for Minors judges crimes committed by minors between the ages of 16 and 18.
It is to highlight that :
It is made up of a President (magistrate) and two assessors (also magistrates), a clerk and the jury: these are 6 people called jurors who are ordinary citizens. Both the accused and the Public Prosecutor can challenge (refuse) jurors.
Each juror takes an oath, listens to the debates without intervening and without having had prior communication of the file.
1. The President of the Court of Assizes, in accordance with the indictment decision, presents to the accused the facts with which he is charged as well as the inculpatory and exculpatory evidence, then he questions the accused and proceeds to all hearings (witnesses, experts, victims, etc.).
2. Then the victim's lawyer pleads whether the victim has brought a civil action in order to request that his civil action be received and damages.
3. Then come the requisitions of the General Counsel (representing the interests of the company).
4. It is then the defendant's lawyer who is heard in his argument. As before the Criminal Court, the accused always has the last word.
5. Then the judges and the jury retire to deliberate (secret deliberation) in two stages:
1. The decision of the Court of Assizes is pronounced in public hearing and is reasoned.
2. The accused is then acquitted (and released) or sentenced.
The accused, the Public Prosecutor or the victim have 10 days to appeal the decision of the Court of Assizes. The case will then be judged again before the Assize Court of Appeal where there will be 9 jurors instead of 6 (unless it is only the victim who is appealing).
It is also possible to lodge an appeal in cassation before this decision of the Court of Assizes of Appeal so that the case is tried again.
APPEARANCE ON PRIOR ADMISSION OF GUILT
In criminal law, the appearance on prior admission of guilt or “CRPC” is a transposition of the “American-style guilty plea”. Its objective is to unclog the Correctional Courts when the defendant has admitted the facts during his placement in police custody.
This procedure is reserved for minor offenses and people whose criminal record includes few or no convictions.
It should be noted that within the framework of this procedure, the presence of the lawyer is obligatory.
1. The defendant appears with his lawyer before the Public Prosecutor who, after having verified his identity and his recognition of the offence, proposes a sentence. After discussion with his lawyer, the defendant then appears before a magistrate.
2. The magistrate asks the defendant – always assisted by his lawyer – whether he accepts the sentence “proposed by the Prosecutor”. The magistrate then has several choices:
Me NESSAH, criminal lawyer, assists you throughout the procedure of appearance on prior recognition of guilt in order to advise you as best as possible on the choices available to you.
THE PENAL COMPOSITION
This procedure allows the Public Prosecutor to propose one or more measures to a person who acknowledges having committed certain offenses or contraventions. It can be applied to minors over the age of 13 when it seems appropriate to the personality of the person concerned and under certain specific conditions.
The penal composition procedure is applicable to all contraventions and misdemeanors punishable by a prison term of less than or equal to 5 years.
ILLICIT USE OF NARCOTICS OR THE OFFENSE OF DRIVING UNDER THE INFLUENCE OF AN ALCOHOLIC STATE.
The penal composition procedure does not apply to the offenses of manslaughter, press offenses and political offences.
The penal composition fine
The public prosecutor may propose the payment of a fine to the Public Treasury, the maximum amount of which may not exceed that of the fine incurred in the text in question.
In criminal law, the amount of the fine is set according to the seriousness of the facts as well as the resources and charges of the person.
Payment may be staggered according to a schedule set by the public prosecutor over a maximum period of one year.
The public prosecutor may offer the perpetrator of the offense to carry out, for the benefit of the community, unpaid work for a maximum duration of 72 hours within a period not exceeding 6 months.
The prosecutor may also propose:
an internship or training in a health, social or professional organization, for a maximum duration of 3 months and within a period which cannot exceed 18 months,
a citizenship course,
the divestiture for the benefit of the State of the thing used or intended to commit the offense or which is the product thereof,
the surrender to the registry of the High Court of the hunting license or driving license for a maximum period of 6 months.
In all cases, if the victim is identified, the public prosecutor must offer the perpetrator to repair the damage caused by the offense within a maximum period of 6 months. He informs the victim of this proposal.
These are the same as those proposed for misdemeanors but within reduced time limits.
The public prosecutor may propose the following measures for 5th class offenses:
In any case, it can also offer:
THE PROCEDURE
The public prosecutor may propose a criminal composition to the perpetrator of an offense as long as the public action has not been initiated.
If the criminal composition is brought to the attention of the perpetrator through a judicial police officer, it must be the subject of a written decision signed by the prosecutor who must specify the nature and the number of measures proposed.
The accused person is informed that he can be assisted by a lawyer before agreeing to the prosecutor's proposal. The agreement is recorded in minutes, a copy of which is sent to the interested party.
If the criminal composition is accepted, the public prosecutor seizes the president of the court (offences) or the magistrate (offences) to validate this criminal composition . The perpetrator and, where applicable, his victim are informed of this referral.
The magistrate may also proceed to the hearing of these persons assisted, if necessary, by their lawyer.
If the magistrate issues an order validating the composition, the measures decided upon are put into effect.
If the magistrate does not validate the composition, the proposal becomes null and void. This decision, notified to the perpetrator and to the victim, is not subject to appeal.
If the perpetrator does not accept the criminal composition or if, after giving his consent, he does not fully execute the measures decided, the public prosecutor initiates proceedings before the criminal courts.
In the event of a conviction, account is taken, where applicable, of the work already carried out and any sums paid to the victim.
However, the victim retains his right to claim damages before the criminal court. She also has the possibility of requesting, in view of the validation order, the recovery, by the procedure of injunction to pay, of the sums that the perpetrator has undertaken to pay her.
THE SPECIAL CASE OF MINORS AGED 13 OR OVER
When the perpetrator is a minor aged at least 13, the penal composition procedure is subject to specific rules.
The public prosecutor must first consult the competent judicial youth protection service before deciding to use this procedure.
The public prosecutor's proposal must then be made to the minor and to his legal representatives. Their agreement must be obtained in the presence of a lawyer.
The penal composition is validated by the juvenile judge. He may first, either ex officio or at their request, hear the minor or his legal representatives.
Finally, the decision of the juvenile judge is notified to the perpetrator and his legal representatives and, where applicable, to the victim.
JUVENILE CRIMINAL JUSTICE
In criminal law, juvenile delinquency has its own magistrates and its own trial courts : the Children's Judges and the Children's Court and the Court of Assizes for Minors.
There are also specific repressive and protective provisions for juvenile offenders. The Ordinance of February 2, 1945, the principle of which is in particular that the penalty incurred by minor offenders is at most equal to half of the penalty incurred by adult offenders: this is the principle of "minority excuse" (which can sometimes be ruled out in the event of a recurrence).
It is useful to specify that certain cases are sometimes judged directly in the chambers of the Children's Judges and not in the Court For Children: these hearings are called “hearing in the Council Chamber” or “Cabinet hearing”.
The Children's Court is made up of a President, two assessors (having shown an interest in the children), a clerk . The Public Prosecutor represents the interests of society.
Juvenile Court hearings take place behind closed doors: which means without the presence of the public. The following are heard during these hearings: the legal representatives (generally the minor's parents) and, if applicable, the minor's educators.
In general, the Children's Court rules in criminal matters (for offenses such as theft) but it also happens that it rules in criminal matters (for crimes involving minors under the age of 16 at the time of the events).
The Court of Assizes for Minors is also another competent court for minors : it is competent when the crimes were committed by minors aged 16 to 18 at the time of the events. It is composed of 3 magistrates, a popular jury and a clerk of the Court of Assizes. The interests of the company are ensured by the General Prosecutor or by a magistrate of the public ministry specially in charge of the affairs of minors.
Apart from criminal law, the Children's Judges are also competent in the field of educational assistance: this concerns all the measures that can be taken by the Children's Judge, when the minor is in particular in a situation of danger. .
Me NESSAH, a criminal lawyer, will assist minors both in the context of educational assistance hearings and in the context of criminal proceedings against them, from their placement in police custody to their appearance before the specialized courts for minors. .
In criminal law, educational measures or sanctions and penalties are decided on a case-by-case basis by the juvenile judge, the juvenile court or the assize court for minors.
They must seek the educational and moral recovery of the minor.
Measures, educational sanctions and penalties according to the age of the minor:
In criminal law, the penalty cannot exceed half of the maximum penalty incurred for adults for all minors under the age of 16 at the time of the offense. This reduction in sentence is not absolute for minors over 16, the court can decide to set it aside, and the law provides that it does not apply to certain minors who are repeat offenders of violence.
