With the exception of the Legal Department, any party to the case may file an
application for the setting aside of a judgment in default.
However, if a civil party has been duly served but does not appear in court or does not submit
or is not represented at the trial and does not sufficiently excuse his absence, he shall be
considered as having abandoned his civil action. In such a case, he shall not be allowed to
apply for the setting aside of the judgment delivered. If prosecution was commenced by the
defaulting civil party, the court shall limit itself to the criminal proceedings after the
submissions of the Legal Department.
Official text
Spot-checked
In force from 27 July 2005
Source page 97