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French Criminal Law
Criminal law in France is one of the branches of the juridical system of the French Republic. The field of criminal law is defined as a sector of French law, and is a combination of public and private law, insofar as it punishes private behavior on behalf of society as a whole. Its function is to define, categorize, prevent, and punish criminal offenses committed by a person, whether a natural person () or a In this sense it is of a punitive nature, as opposed to which settles disputes between individuals. These offenses are divided into three categories, according to increasing severity: and ''crimes''. The latter two categories are determined by the legislature, while contraventions are the responsibility of the executive branch. This tripartite division is matched by the courts responsible for enforcing criminal law: the police tribunal for infractions; the '' tribunal correctionnel'' for ; the cour d'assises for . Criminal law is carried out within the rules of whi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Philosophy Of Law
Philosophy of law is a branch of philosophy that examines the nature of law and law's relationship to other systems of norms, especially ethics and political philosophy. It asks questions like "What is law?", "What are the criteria for legal validity?", and "What is the relationship between law and morality?" Philosophy of law and jurisprudence are often used interchangeably, though jurisprudence sometimes encompasses forms of reasoning that fit into economics or sociology. Philosophy of law can be sub-divided into analytical jurisprudence, and normative jurisprudence. Analytical jurisprudence aims to define what law is and what it is not by identifying law's essential features. Normative jurisprudence investigates both the non-legal norms that shape law and the legal norms that are generated by law and guide human action. Analytical jurisprudence Unlike experimental jurisprudence, which investigates the content our folk legal concepts using the methods of social science, analy ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Cassation (France)
The Court of Cassation (french: Cour de cassation ) is one of the four courts of last resort in France. It has jurisdiction over all civil and criminal matters triable in the judicial system; it is the supreme court of appeal in these cases. It has jurisdiction to review the law, as well as to certify questions of law, to determine miscarriages of justice. The Court is located in the Palace of Justice in the 1st arrondissement of Paris. The Court does not have jurisdiction over cases involving claims against administrators or public bodies, which fall within the jurisdiction of administrative courts, for which the Council of State acts as the supreme court of appeal; nor over cases involving constitutional issues, which fall within the jurisdiction of the Constitutional Council; nor over cases involving disputes about which of these courts has jurisdiction, which are heard by the Jurisdictional Disputes Tribunal. Collectively, these four courts form the topmost tier of the F ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Day-fine
A day-fine, day fine, unit fine or structured fine is a unit of fine payment that, above a minimum fine, is based on the offender's daily personal income. A crime is punished with incarceration for a determined number of days, or with fines. As incarceration is a financial punishment, in the effect of preventing work, a day-fine represents one day incarcerated and without salary. It is argued to be just, because if both high-income and low-income population are punished with the same jail time, they should also be punished with a proportionally similar income loss. An analogy may be drawn with income tax, which is also proportional to the income, even progressively. Jurisdictions employing the day-fine include Denmark ( da, dagbøde), Estonia ( et, päevamäär), Finland ( fi, päiväsakko), France (french: Jour-amende), Germany (german: Tagessatz), Sweden ( sv, dagsbot), Switzerland, and Macao. By country Germany Germany has utilized day fines since 1969. Denmark Violations ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Free Will
Free will is the capacity of agents to choose between different possible courses of action unimpeded. Free will is closely linked to the concepts of moral responsibility, praise, culpability, sin, and other judgements which apply only to actions that are freely chosen. It is also connected with the concepts of advice, persuasion, deliberation, and prohibition. Traditionally, only actions that are freely willed are seen as deserving credit or blame. Whether free will exists, what it is and the implications of whether it exists or not are some of the longest running debates of philosophy and religion. Some conceive of free will as the right to act outside of external influences or wishes. Some conceive free will to be the capacity to make choices undetermined by past events. Determinism suggests that only one course of events is possible, which is inconsistent with a libertarian model of free will. Ancient Greek philosophy identified this issue, which remains a major foc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Public Action In French Law
A public action in French law (french: action publique) is one carried out in the name of society against an by applying the French penal code. It is taken in the name of society, in that its goal is to stop a disruption of the public order, and not to abate a done to a specific person. The action is taken by the Ministère public against the authors, co-authors or accomplices of an . The term ''public action'' is defined in Article 1 of the French penal code. on Légifrance Public action put in play Subjects of a public action The active subject of a public action is usually the ministère public, a hierarchical corps of magistrates charged with carrying out these actions. Alongside them, other civil servants are, for certain infractions, empowered to begin a public action, notably for indirect taxes, bridges, roads, waters and forests. The requestor may also be the victim, if the requestor is a '' partie civile''. The passive subject is the author of the infracti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
French Penal Code Of 1810
The Penal Code of 1810 was a code of criminal laws created under Napoleon, replacing the French Penal Code of 1791. Among other things, this code reinstated a life imprisonment punishment, as well as branding. These had been abolished in the French Penal Code of 1791. Issued on June 3, 1810, it stayed in use until March 1, 1994 when it was replaced by the Code pénal. This code served as a basis for criminal laws in many of the countries occupied at the time by the First French Empire. It was the fifth code promulgated by the Empire, and is not to be confused with the Code Napoleon, which was promulgated in 1804. History The initial move towards a new, cohesive French civil code was made in July 1800, when First Consul Napoleon Bonaparte appointed a four-man commission composed of Portalis, Tronchet, Bigot de Preamneneu, and Malleville to draft a project. Before the Napoleonic Code, France did not have a single set of laws; law consisted mainly of local customs, which had s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
First French Empire
The First French Empire, officially the French Republic, then the French Empire (; Latin: ) after 1809, also known as Napoleonic France, was the empire ruled by Napoleon Bonaparte, who established French hegemony over much of continental Europe at the beginning of the 19th century. It lasted from 18 May 1804 to 11 April 1814 and again briefly from 20 March 1815 to 7 July 1815. Although France had already established a colonial empire overseas since the early 17th century, the French state had remained a kingdom under the Bourbons and a republic after the French Revolution. Historians refer to Napoleon's regime as the ''First Empire'' to distinguish it from the restorationist '' Second Empire'' (1852–1870) ruled by his nephew Napoleon III. The First French Empire is considered by some to be a " Republican empire." On 18 May 1804, Napoleon was granted the title Emperor of the French (', ) by the French and was crowned on 2 December 1804, signifying the end of the Fren ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
French Penal Code Of 1791
The French Penal Code of 1791 was a penal code adopted during the French Revolution by the Constituent Assembly, between 25 September and 6 October 1791. It was France's first penal code, and was influenced by the Enlightenment thinking of Montesquieu and Cesare Beccaria. The principle of legality was foremost in the underlying philosophy of the 1791 Code. In the spirit of the 1789 Declaration of the Rights of Man and of the Citizen, Cesare, Marquis of Beccaria summarized the principles that were to be the foundation of the procedural system. In his words, "every citizen should know what punishment he should endure." As a consequence, the function of the judge was conceived as being strictly distributive: qualification of an act, infliction of the pre-set sanction. This concept was revolutionary in 1791 and clearly departed from the arbitrary trials of the ''ancien régime''. The Code of 1791 was straightforward in this respect; most definitions were clear, leaving little room t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
French Revolution
The French Revolution ( ) was a period of radical political and societal change in France that began with the Estates General of 1789 and ended with the formation of the French Consulate in coup of 18 Brumaire, November 1799. Many of its ideas are considered fundamental principles of liberal democracy, while phrases like ''liberté, égalité, fraternité'' reappeared in other revolts, such as the 1917 Russian Revolution, and inspired campaigns for the abolitionism, abolition of slavery and universal suffrage. The values and institutions it created dominate French politics to this day. Its Causes of the French Revolution, causes are generally agreed to be a combination of social, political and economic factors, which the ''Ancien Régime'' proved unable to manage. In May 1789, widespread social distress led to the convocation of the Estates General of 1789, Estates General, which was converted into a National Assembly (French Revolution), National Assembly in June. Contin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Court Of Human Rights
The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a contracting state has breached one or more of the human rights enumerated in the Convention or its optional protocols to which a member state is a party. The European Convention on Human Rights is also referred to by the initials "ECHR". The court is based in Strasbourg, France. An application can be lodged by an individual, a group of individuals, or one or more of the other contracting states. Aside from judgments, the court can also issue advisory opinions. The convention was adopted within the context of the Council of Europe, and all of its 46 member states are contracting parties to the convention. Russia, having been expelled from the Council of Europe as of 16 March 2022, ceased to be a party to the convention with effect from ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
