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French Criminal Procedure
French criminal procedure () focuses on how individuals accused of crimes are dealt with in the French criminal justice system: how people are investigated, prosecuted, tried, and punished for an infraction defined in the penal code. These procedural issues are codified in the French code of criminal procedure (). It is the procedural arm of French criminal law. French criminal procedure has roots in customary law under the Ancien regime under Louis XIV, and was first codified with the (). This was replaced in 1959 with the Code of criminal procedure (; CPP). The main groups involved in the administration of criminal justice in France are the courts, the Public Ministry (France), and the judicial police. Criminal courts are structured in three levels, with the Police court and the Correctional court in the first instance; appeals are held by the Cour d'appel and the Cour de Cassation. Courts involved include the police court and the correctional court at the first level or ...
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French Penal Code
French (french: français(e), link=no) may refer to: * Something of, from, or related to France ** French language, which originated in France, and its various dialects and accents ** French people, a nation and ethnic group identified with France ** French cuisine, cooking traditions and practices Fortnite French places Arts and media * The French (band), a British rock band * "French" (episode), a live-action episode of ''The Super Mario Bros. Super Show!'' * ''Française'' (film), 2008 * French Stewart (born 1964), American actor Other uses * French (surname), a surname (including a list of people with the name) * French (tunic), a particular type of military jacket or tunic used in the Russian Empire and Soviet Union * French's, an American brand of mustard condiment * French catheter scale, a unit of measurement of diameter * French Defence, a chess opening * French kiss, a type of kiss involving the tongue See also * France (other) * Franch, a surname * Frenc ...
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Code Pénal 1810
In communications and information processing, code is a system of rules to convert information—such as a letter, word, sound, image, or gesture—into another form, sometimes shortened or secret, for communication through a communication channel or storage in a storage medium. An early example is an invention of language, which enabled a person, through speech, to communicate what they thought, saw, heard, or felt to others. But speech limits the range of communication to the distance a voice can carry and limits the audience to those present when the speech is uttered. The invention of writing, which converted spoken language into visual symbols, extended the range of communication across space and time. The process of encoding converts information from a source into symbols for communication or storage. Decoding is the reverse process, converting code symbols back into a form that the recipient understands, such as English or/and Spanish. One reason for coding is to ena ...
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Adversarial System
The adversarial system or adversary system is a legal system used in the common law countries where two advocates represent their parties' case or position before an impartial person or group of people, usually a judge or jury, who attempt to determine the truth and pass judgment accordingly. It is in contrast to the inquisitorial system used in some civil law systems (i.e. those deriving from Roman law or the Napoleonic code) where a judge investigates the case. The adversarial system is the two-sided structure under which criminal trial courts operate, putting the prosecution against the defense. Basic features As an accused is not compelled to give evidence in a criminal adversarial proceeding, they may not be questioned by a prosecutor or judge unless they choose to be; however, should they decide to testify, they are subject to cross-examination and could be found guilty of perjury. As the election to maintain an accused person's right to silence prevents any examinat ...
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Legal System
The contemporary national legal systems are generally based on one of four basic systems: civil law, common law, statutory law, religious law or combinations of these. However, the legal system of each country is shaped by its unique history and so incorporates individual variations. The science that studies law at the level of legal systems is called comparative law. Both ''civil'' (also known as ''Roman'') and ''common'' law systems can be considered the most widespread in the world: civil law because it is the most widespread by landmass and by population overall, and common law because it is employed by the greatest number of people compared to any single civil law system. Civil law The source of law that is recognized as authoritative is codifications in a constitution or statute passed by legislature, to amend a code. While the concept of codification dates back to the Code of Hammurabi in Babylon ca. 1790 BC, civil law systems derive from the Roman Empire and, mo ...
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Charles De Gaulle
Charles André Joseph Marie de Gaulle (; ; (commonly abbreviated as CDG) 22 November 18909 November 1970) was a French army officer and statesman who led Free France against Nazi Germany in World War II and chaired the Provisional Government of the French Republic from 1944 to 1946 in order to restore democracy in France. In 1958, he came out of retirement when appointed President of the Council of Ministers (Prime Minister) by President René Coty. He rewrote the Constitution of France and founded the Fifth Republic after approval by referendum. He was elected President of France later that year, a position to which he was reelected in 1965 and held until his resignation in 1969. Born in Lille, he graduated from Saint-Cyr in 1912. He was a decorated officer of the First World War, wounded several times and later taken prisoner at Verdun. During the interwar period, he advocated mobile armoured divisions. During the German invasion of May 1940, he led an armoured ...
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Tribunal D'instance
In France, the ''Tribunal d'instance'' (literally "Court of First Instance") is a judicial lower court of record of first instance for general civil suits and includes a criminal division, the Police Court (''tribunal de police''), which hears cases of misdemeanors or summary offences (''contraventions''). Since it has original jurisdiction, the Court's rulings may be appealed to a French appellate court or Supreme Court. The court was formerly known as a Justice of the Peace Court (''justice de paix'') until the judicial restructuring of 1958. In the Court, proceedings are conducted based on oral testimony and arguments, and, unlike in higher courts, legal counsel is not mandatory. Other judicial courts of original jurisdiction are: *Magistrate courts (''juge de proximité'') - for small claims and petty misdemeanors (since 1 July 2017 these claims now fall under the jurisdiction of the tribunal d'instance) *High courts (''tribunal de grande instance'') - handles complex suits and ...
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Summary Offenses
A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment (required for an indictable offence). Canada In Canada, summary offences are referred to as summary conviction offences. As in other jurisdictions, summary conviction offences are considered less serious than indictable offences because they are punishable by shorter prison sentences and smaller fines. These offences appear both in the federal laws of Canada and in the legislation of Canada's provinces and territories. For summary conviction offences that fall under the jurisdiction of the federal government (which includes all criminal law), section 787 of the Criminal Code specifies that, unless another punishment is provided for by law, the maximum penalty for a summary conviction offence is a sentence of 2 years less a day of imprisonment, a fine of $5,000 or both. As a matter of practical effect, som ...
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Ordinary Courts
Ordinary court or Judicial court is a type of court with comprehensive subject-matter jurisdiction compared to ' Specialized court' with limited jurisdiction over specific filed of matters, such as intellectual property court. Due to its comprehensive feature, ordinary courts usually deal with civil case and criminal case, and treated as core part of conventional judiciary. Especially for common law countries, the term ''superior court'' is used for courts with general jurisdiction (regardless of instance level in chain of appellate procedure), compared to courts with limited jurisdiction over minor, petty cases such as ''small claims court''. Sometimes, the term ''ordinary court'' is referred to courts with regular procedure or composition, compared to an '' extraordinary court'' with irregular procedure or composition. Ordinary courts by country France In France, ordinary courts (''french: ordre judiciaire'') are courts under TITLE VIII of Constitution of France separ ...
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Justice Penale Francaise
Justice, in its broadest sense, is the principle that people receive that which they deserve, with the interpretation of what then constitutes "deserving" being impacted upon by numerous fields, with many differing viewpoints and perspectives, including the concepts of moral correctness based on ethics, rationality, law, religion, equity and fairness. The state will sometimes endeavor to increase justice by operating courts and enforcing their rulings. Early theories of justice were set out by the Ancient Greek philosophers Plato in his work The Republic, and Aristotle in his Nicomachean Ethics. Advocates of divine command theory have said that justice issues from God. In the 1600s, philosophers such as John Locke said that justice derives from natural law. Social contract theory said that justice is derived from the mutual agreement of everyone. In the 1800s, utilitarian philosophers such as John Stuart Mill said that justice is based on the best outcomes for the great ...
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French Fourth Republic
The French Fourth Republic (french: Quatrième république française) was the republican government of France from 27 October 1946 to 4 October 1958, governed by the fourth republican constitution. It was in many ways a revival of the Third Republic that was in place from 1870 during the Franco-Prussian War to 1940 during World War II, and suffered many of the same problems. France adopted the constitution of the Fourth Republic on 13 October 1946. Despite the political dysfunction, the Fourth Republic saw an era of great economic growth in France and the rebuilding of the nation's social institutions and industry after World War II, with assistance from the United States provided through the Marshall Plan. It also saw the beginning of the rapprochement with former longtime enemy Germany, which in turn led to Franco-German co-operation and eventually to the development of the European Union. Some attempts were also made to strengthen the executive branch of government to ...
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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 ...
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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 ...
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