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Judicial Police (France)
The judicial police in France are responsible for the investigation of criminal offenses and identification of perpetrators. This is in contrast to the administrative police, whose goal is to ensure the maintenance of public order and to prevent crime. Article 14 of the French Code of Criminal Procedure provides the legal basis for the authority of the Judicial police. The separation of administrative and judicial policing functions dates to the 1795 Code of Offences and Penalties, and is still in force today. It is a functional distinction, which does not necessarily imply an organizational separation: a single organization may be charged with carrying out both types of police functions: one example is the National Gendarmerie. History Origins The judicial police was formed by Georges Clémenceau, who was Minister of the Interior, in order to create a "police force responsible for assisting the judicial authority in the repression of crimes and misdemeanors". During the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Administrative Police In France
Administrative police in France are French police tasked with preventing disturbances to the ''ordre public''. and ensuring the public peace and preventing crime. ''Ordre public'' or ''public peace'' in a society includes public tranquility, safety and well-being. Two types of ''ordre public'' exist: *Management that protects the general interest of society; *Protection of the most vulnerable, generally by a more powerful party, for example of a consumer or a non-professional from a professional, or of a tenant from a landlord. Similarly labour law also falls into this category. A norm of ''ordre public'' is an imperative that the parties cannot set aside, generally in the name of protecting the weaker party. Administrative policing can fall under either local or national jurisdiction, but does not include searching for, or arresting, the perpetrator(s) of a particular offense. For example the French Border Police and the traffic police have certain powers to detain and ask ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Émile Buisson
Émile "Mimile" Buisson (19 August 1902 – 28 February 1956) was a French gangster, and French public enemy No. 1 for 1950. A member of the French '' Gang des Tractions Avant'', Buisson was responsible for over thirty murders and a hundred robberies. Buisson was pursued and caught by French detective of the Sûreté Nationale Roger Borniche, and was executed in 1956 by the guillotine. Borniche's memoirs on the pursuit, '' Flic Story'', were later made into a film of the same name in 1975, with Buisson portrayed by Jean-Louis Trintignant. Buisson was born in Paray-le-Monial, Saône-et-Loire, and was jailed at the age of 16 for pickpocketing, swindling and possessing an offensive weapon. He was exiled to Shanghai with his brother for 5 years. Upon returning to France, Buisson was involved in a number of crimes and murders, becoming a member of Paris' criminal organizations, and took part in a hold-up of Troyes in 1937. In 1941 Buisson killed a passenger on board a security van du ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Principle Of Legality In French Criminal Law
The principle of legality in French criminal law holds that no one may be convicted of a criminal offense unless a previously published legal text sets out in clear and precise wording the constituent elements of the offense and the penalty which applies to it. (Latin:, in other words, "no crime, no penalty, without a law"). The principle of legality () is one of the most fundamental principles of French criminal law, and goes back to the Penal Code of 1791 adopted during the French Revolution, and before that, was developed by Italian criminologist Cesare Beccaria and by Montesquieu. The principle has its origins in the 1789 Declaration of the Rights of Man and of the Citizen, which endows it with constitutional force and limits the conditions in which citizens may be punished for infractions. History The principle of legality of punishment and crime was identified and conceptualized in the Enlightenment. It is generally attributed to Cesare Beccaria but Montesquieu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nulla Poena Sine Lege
''Nulla poena sine lege'' (Latin for "no penalty without law", Anglicized pronunciation: ) is a legal formula which, in its narrow interpretation, states that one can only be punished for doing something if a penalty for this behavior is fixed in criminal law. As some laws are unwritten (e.g. in oral law or customary law) and laws can be interpreted broadly, it does not necessarily mean that an action will not be punished simply because a specific rule against it is not codified. The variant ''nullum crimen sine lege'' ("no crime without law") establishes that conduct is not criminal if not found among the behavior/circumstance combinations of a statute. The other interpretations of the formula include the rules prohibiting retroactive criminalization and prescribing laws to be strictly construed. Despite the use of Latin language and brocard-like appearance, the formula was mostly born in 18th century liberalism (some elements of non-retroactivity of laws and limiting the pu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Napoleonic Code
The Napoleonic Code (), officially the Civil Code of the French (; simply referred to as ), is the French civil code established during the French Consulate in 1804 and still in force in France, although heavily and frequently amended since its inception. Although Napoleon himself was not directly involved in the drafting of the Code, as it was drafted by a commission of four eminent jurists,Robert B. Holtman, ''The Napoleonic Revolution'' (Baton Rouge: Louisiana State University Press, 1981) he chaired many of the commission's plenary sessions, and his support was crucial to its enactment. The code, with its stress on clearly written and accessible law, was a major milestone in the abolition of the previous patchwork of feudal laws. Historian Robert Holtman regards it as one of the few documents that have influenced the whole world. The Napoleonic Code was not the first legal code to be established in a European country with a civil-law legal system; it was preceded by the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Of France
French law has a dual jurisdictional system comprising private law (), also known as judicial law, and public law (). Judicial law includes, in particular: * () * Criminal law () Public law includes, in particular: * Administrative law () * () Together, in practical terms, these four areas of law (civil, criminal, administrative and constitutional) constitute the major part of French law. The announcement in November 2005 by the European Commission that, on the basis of powers recognised in a recent European Court of Justice ("ECJ") ruling, it intends to create a dozen or so European Union ("EU") criminal offences suggests that one should also now consider EU law (" droit communautaire", sometimes referred to, less accurately, as " droit européen") as a new and distinct area of law in France (akin to the "federal laws" that apply across States of the US, on top of their own State law), and not simply a group of rules which influence the content of France's civil, crim ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
French Penal Code
The French criminal code () is the Codification (law), codification of French criminal law (). It took effect March 1, 1994 and replaced the French Penal Code of 1810, which had until then been in effect. This in turn has become known as the "old penal code" in the rare decisions that still need to apply it. The new code was created by several laws promulgated on July 22, 1992. It introduced the judicial notion of fundamental national interests () (Book IV, Title I). History The Penal Code project began with the work of a commission created by President Valéry Giscard d'Estaing in a decree issued on November 8, 1974. The membership of the commission was set by a February 25, 1975 decree. The president of the commission was , later replaced by Guy Chavanon, the procureur général of the Court of Cassation (France), Court of Cassation. The definitive draft of ''Book I (General Provisions)'', heavily criticised by the criminal justice community, was rejected by the Élysée Pala ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Declaration Of The Rights Of Man And Of The Citizen
The Declaration of the Rights of Man and of the Citizen (), set by France's National Constituent Assembly in 1789, is a human and civil rights document from the French Revolution; the French title can be translated in the modern era as "Declaration of Human and Civic Rights". Inspired by Enlightenment philosophers, the declaration was a core statement of the values of the French Revolution and had a significant impact on the development of popular conceptions of individual liberty and democracy in Europe and worldwide places. The declaration was initially drafted by Marquis de Lafayette with assistance from Thomas Jefferson, but the majority of the final draft came from Abbé Sieyès. Influenced by the doctrine of natural right, human rights are held to be universal: valid at all times and in every place. It became the basis for a nation of free individuals protected equally by the law. It is included at the beginning of the constitutions of both the French Fourth Rep ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Justice System Of France
French criminal law is "the set of legal rules that govern the State's response to offenses and offenders". It 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 legal person (). In this sense it is of a punitive nature, as opposed to which settles disputes between individuals, or administrative law which deals with issues between individuals and government. Criminal offenses are divided into three categories, according to increasing severity: ''contraventions'', ''délits'', and ''crimes''. The latter two categories are determined by the legislature, while contraventions are the responsibility of the executive branch. This tripartite divisio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Cassation
A court of cassation is a high-instance court that exists in some judicial systems. Courts of cassation do not re-examine the facts of a case; they only interpret the relevant law. In this, they are appellate courts of the highest instance. In this way, they differ from systems that have a supreme court that can rule on both the facts of a case and the relevant law. The term derives from the Latin , "to reverse or overturn". The European Court of Justice (ECJ) answers questions of European Union law following a referral from a court of a member state. In exercising this function it is not a court of cassation: it issues binding advice to the national courts on how EU law ought to be interpreted, it does not overturn decisions of those courts. However, the ECJ can act as a court of cassation when it hears appeals in particular cases from decisions of the General Court of the European Union. Many common-law supreme courts, like the United States Supreme Court, use a similar sys ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal (France)
In France, a ''cour d'appel'' (; court of appeal) of the ''ordre judiciaire'' (judiciary) is a ''juridiction de droit commun du second degré'', an appellate court of general jurisdiction. It reviews the judgments of a ''tribunal judiciaire''. When one of the parties is not satisfied with the trial court's judgment, the party can file an appeal. While decisions of a court of first instance are termed "jugements" in French, a court of appeal hands down an ''arrêt'' (decision on appeal), which may either affirm or reverse the judgment of the court below. An ''arrêt'' (judgment) of the court of appeal may be further appealed ''en cassation''. If the appeal is admissible at the ''cour de cassation'', that court does not re-judge the facts of the matter a third time, but may investigate and verify whether the rules of law were properly applied by the lower courts. French territories currently contain 36 courts of appeal, six of which are overseas, and a ''tribunal supérieur d'appel'' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cour D'appel
An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to hear a case upon appeal from a trial court or other lower tribunal. Appellate courts other than supreme courts are sometimes named as Intermediate appellate court. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and considers factual evidence and testimony relevant to the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review, an appellate court determines the extent of the deference it will give to the lower court's decision, based on whether ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
