Article 36Reprise d'une affaire retirée

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 952/2563 (2020)

   A withdrawal made only to join the prosecutor's later case on the same matter is not a conclusive withdrawal within Section 36, so the right to prosecute is not extinguished.

   The co-plaintiff withdrew a defamation case and then joined the prosecutor's later case against the same defendants. The court held the conduct clearly showed the withdrawal was made in order to join the prosecutor's case, not a conclusive withdrawal within Section 36, so the right to prosecute was not extinguished under Section 39(2).

2. Arrêt de la Cour suprême n° 14823/2558 (2015)

   Where the second case rests on the same single act as the withdrawn first case, refiling is barred under Section 36, and the standing point is one of public order the court may raise on its own.

   The court looked at the underlying single act rather than the wording of the charge or the sections cited, reasoning that otherwise a plaintiff could prosecute the same act endlessly. The second case was therefore barred under Section 36, a point of standing and public order the Supreme Court could raise on its own, and the dismissal was upheld.

Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.