6 Judgment Without Trial: A Growing Concern

In the world of justice, there is no greater fear than being judged without a fair trial. Unfortunately, this concern has become a reality for some individuals in Monaco.

The Problem with Oral Arguments and Written Pleadings

According to recent reports, it is possible for a judgment to be handed down without a trial taking place at all. In civil cases, oral arguments may not even take place, and written pleadings are often the only way for parties to present their case. Furthermore, there is no possibility of a directed verdict or motion to dismiss in these cases.

Serving Judgments by Default

But how does this happen? In some instances, defendants may be served with a judgment by default if they fail to appear in court. This can occur even if the defendant has made satisfactory efforts to serve the other party through designated authorities under the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters.

Consequences of Lack of Transparency and Due Process

Experts warn that this lack of transparency and due process can lead to judgments being handed down without all the facts being presented. It is a situation that has left many individuals feeling uneasy about the justice system in Monaco.

Rules for Pleading Fraud

But what about cases involving fraud? Are there any special rules or guidelines that should be followed?

According to Article 14 of Law 1.0476 of 28 July 1982, members of the Monaco Bar are expected to respect the truth and exercise their profession with dignity, good conscience, and loyalty.
Foreign lawyers pleading before the Monaco courts are also expected to adhere to these standards.

Concerns About Lack of Sanctions

However, some experts have expressed concern about the lack of sanctions or disciplinary measures being taken against Monaco lawyers who fail to uphold these standards. In fact, it is not uncommon for defendants in criminal cases to seek to settle with civil complainants and then withdraw their complaints.

Claims Against “Unknown” Fraudsters

But what if a defendant’s identity remains unknown? Can claims still be made?

Yes, it is possible to file a criminal complaint against an unknown party. This tactic is often used as it prevents the defendant from filing charges of calumnious denunciation if the complaint fails.
However, it is not possible to file a civil summons and complaint against an unknown party.

Overseas Parties in Fraud Claims

What about cases involving overseas parties? Can they be joined to fraud claims?

Yes, while Monaco does not generally purport to exercise extraterritorial jurisdiction, overseas parties can be joined under the provisions of Article 5 of the Code of Private International Law.
This allows for jurisdiction even where one party is a Monaco resident and the other defendants are not.

Caveats to Joining Overseas Parties

However, there are some caveats to this rule. For instance:

There will be no jurisdiction if the request is made “only to bring a party who has his habitual residence or domicile outside Monaco” into the Monaco courts.

Enforcement of Judgments in Cases Involving Fraud

Finally, what about enforcement of judgments in cases involving fraud?

According to experts, enforcement can be obtained in civil matters by obtaining a final judgment (or a judgment with provisional execution). This can involve seizing assets and demanding recognition of a foreign judgment.
However, some experts have expressed concern about the complexity and uncertainty surrounding these procedures. It is a situation that has left many individuals feeling uneasy about the effectiveness of the justice system in Monaco.