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Juge D'instruction (France)
In French criminal law, the investigation phase (') in a criminal proceeding is the procedure during which an investigating judge () gathers evidence on the commission of an offense and decides whether to refer the persons charged to the trial court. The investigating judge is the first instance of investigation. In the second instance (appeals), the investigating chamber of the French courts of appeal have jurisdiction. They rule on appeals of decisions by the investigating judges and of decisions by the liberty and custody judge (). Background Inquisitorial system In an inquisitorial system, the trial judges (mostly plural in serious crimes) are inquisitors who actively participate in fact-finding public inquiry by questioning defense lawyers, prosecutors, and witnesses. They could even order certain pieces of evidence to be examined if they find presentation by the defense or prosecution to be inadequate. Prior to the case getting to trial, investigating judges partic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
French Criminal Law
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 Legal system, juridical system of the France, French Republic. The field of criminal law is defined as a sector of French law, and is a combination of public law, 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 in France, administrative law which deals with issues between individuals and government. Criminal offenses are divided into three categories, according to increasing severity: Contravention in French criminal law, ''contraventions'', Glossary of French criminal law#délit, ''délits'', and ''Crime in French law, crim ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pretrial Detention
Pre-trial detention, also known as jail, preventive detention, provisional detention, or remand, is the process of detaining a person until their trial after they have been arrested and criminal charge, charged with an offence. A person who is on remand is held in a prison or detention centre or held under house arrest. Varying terminology is used, but "remand" is generally used in common law jurisdictions and "preventive detention" elsewhere. However, in the United States, "remand" is rare except in official documents and "jail" is instead the main terminology. Detention before charge is commonly referred to as Arrest, custody and continued detention after conviction is referred to as Detention (imprisonment), imprisonment. Because imprisonment without trial is contrary to the presumption of innocence, pretrial detention in liberal democracy, liberal democracies is usually subject to safeguards and restrictions. Typically, a suspect will be remanded only if it is likely that ... [...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] |
Open Court
Open or OPEN may refer to: Music * Open (band), Australian pop/rock band * The Open (band), English indie rock band * ''Open'' (Blues Image album), 1969 * ''Open'' (Gerd Dudek, Buschi Niebergall, and Edward Vesala album), 1979 * ''Open'' (Gotthard album), 1999 * ''Open'' (Cowboy Junkies album), 2001 * ''Open'' (YFriday album), 2001 * ''Open'' (Shaznay Lewis album), 2004 * ''Open'' (Jon Anderson EP), 2011 * ''Open'' (Stick Men album), 2012 * ''Open'' (The Necks album), 2013 * Open (Kwon Eun-bi EP), 2021 * ''Open'', a 1967 album by Julie Driscoll, Brian Auger and the Trinity * ''Open'', a 1979 album by Steve Hillage * "Open" (Queensrÿche song) * "Open" (Mýa song) * "Open", the first song on The Cure album ''Wish'' Literature * ''Open'' (Mexican magazine), a lifestyle Mexican publication * ''Open'' (Indian magazine), an Indian weekly English language magazine featuring current affairs * ''OPEN'' (North Dakota magazine), an out-of-print magazine that was printed in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Wiretap
Wiretapping, also known as wire tapping or telephone tapping, is the monitoring of telephone and Internet-based conversations by a third party, often by covert means. The wire tap received its name because, historically, the monitoring connection was an actual electrical tap on an analog telephone or telegraph line. Legal wiretapping by a government agency is also called lawful interception. Passive wiretapping monitors or records the traffic, while active wiretapping alters or otherwise affects it. Legal status Lawful interception is officially strictly controlled in many countries to safeguard privacy; this is the case in all liberal democracies. In theory, telephone tapping often needs to be authorized by a court, and is again in theory, normally only approved when evidence shows it is not possible to detect criminal or subversive activity in less intrusive ways. Oftentimes, the law and regulations require that the crime investigated must be at least of a certain severi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Expert Testimony
An expert witness, particularly in common law countries such as the United Kingdom, Australia, and the United States, is a person whose opinion by virtue of education, training, certification, skills or experience, is accepted by the judge as an expert. The judge may consider the witness's specialized (scientific, technical or other) opinion about evidence or about facts before the court within the expert's area of expertise, to be referred to as an "expert opinion". Expert witnesses may also deliver "expert evidence" within the area of their expertise. Their testimony may be rebutted by testimony from other experts or by other evidence or facts. History The forensic expert practice is an ancient profession. For example, in ancient Babylonia, midwives were used as experts in determining pregnancy, virginity and female fertility. Similarly, the Roman Empire recognized midwives, handwriting experts and land surveyors as legal experts. The codified use of expert witnesses and t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Letters Rogatory
Letters rogatory or letters of request are a formal request from a court to a foreign court for some type of judicial assistance. The most common remedies sought by letters rogatory are service of process and taking of evidence. Taking of evidence One reason why a court may require assistance from a foreign court is to obtain evidence from a witness. This evidence may be to answer questions relevant to the determination of an issue of fact, or for disclosure of documents. Courts usually have the power to subpoena witnesses only from within the jurisdiction of their own legislature unless they are aided by foreign judicial, or sometimes legislative, authority. For example, Alice in the United States, could not summon Jean from France to the US courthouse. Instead, the US court would issue a letter rogatory to a French court, which would then examine Jean in France, and send a deposition back to the requesting court. Insofar as requests ''to'' US courts are concerned, the use of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nicolas Sarkozy
Nicolas Paul Stéphane Sarközy de Nagy-Bocsa ( ; ; born 28 January 1955) is a French politician who served as President of France from 2007 to 2012. In 2021, he was found guilty of having tried to bribe a judge in 2014 to obtain information and spending beyond legal campaign funding limits during his 2012 re-election campaign. Born in Paris, his roots are 1/2 Hungarian Protestant, 1/4 Greek Jewish, and 1/4 French Catholic. Mayor of Neuilly-sur-Seine from 1983 to 2002, he was Ministry of the Economy and Finance (France), Minister of the Budget under Prime Minister Édouard Balladur (1993–1995) during François Mitterrand's second term. During Jacques Chirac's second presidential term, he served as Minister of the Interior (France), Minister of the Interior and as Minister of Finances (France), Minister of Finances. He was the leader of the Union for a Popular Movement (UMP) party from 2004 to 2007. He won the 2007 French presidential election by a 53.1% to 46.9% margin agai ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
False Allegation Of Child Sexual Abuse
A false allegation of child sexual abuse is an accusation against one or more individuals claiming that they committed child sexual abuse when no abuse has been committed by the accused. Such accusations can be brought by the alleged victim, or by another person on the alleged victim’s behalf. Studies on the rate of recorded child abuse allegations in the 1990s suggested that the overall rate of false accusations at that time was approximately 10%. Of the allegations determined to be false, only a small portion originated with the child, the studies showed; most false allegations originated with an adult bringing the accusations on behalf of a child, and of those, a large majority occurred in the context of divorce and child-custody battles. Types When there is insufficient supporting evidence to determine whether an accusation is true or false, it is described as “unsubstantiated” or “unfounded.” Accusations that are determined to be false based on corroborating evidenc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Wrongful Conviction
A miscarriage of justice occurs when an unfair outcome occurs in a criminal or civil proceeding, such as the conviction and punishment of a person for a crime they did not commit. Miscarriages are also known as wrongful convictions. Innocent people have sometimes ended up in prison for years before their conviction has eventually been overturned. They may be exonerated if new evidence comes to light or it is determined that the police or prosecutor committed some kind of misconduct at the original trial. In some jurisdictions this leads to the payment of compensation.Compensating The Wrongly Convicted , Innocence Project Academic studies have found that the main factors contributing to miscarriages of justice are: [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Boulogne
Boulogne-sur-Mer (; ; ; or ''Bononia''), often called just Boulogne (, ), is a coastal city in Hauts-de-France, Northern France. It is a Subprefectures in France, sub-prefecture of the Departments of France, department of Pas-de-Calais. Boulogne lies on the Côte d'Opale, a touristic stretch of French coast on the English Channel between Calais and Normandy, and the most visited location in the region after the Lille conurbation. Boulogne is its department's second-largest city after Calais, and the 183rd-largest in France.Téléchargement du fichier d'ensemble des populations légales en 2017 Institut national de la statistique et des études économiques, INSEE It is also the country's largest fishing port, specialising in herring. Boulogne is an ancie ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Outreau Trial
The Outreau case refers to a criminal case of pedophilia which took place between 1997 and 2000 in Outreau (a French commune) in northern France and a partial judicial error which led to provisional detentions between 2001 and 2004. Following alerts launched by social services within the Delay family, a long investigation seemed to reveal an extensive pedophile network: around forty adults had been accused and around fifty children were potentially victims. The trial took place in May–July 2004 before the Cour d'assises, a criminal trial court, of the commune Pas-de-Calais (Saint-Omer) where 12 children were recognised victims of rape, sexual assault, corruption of minors and pimping. 10 of the 17 accused adults were sentenced to prison. The appeal trial at the Court of Appeal of Paris, Paris Court of Appeal took place in November 2005, where six of the ten accused were acquitted and four having not appealed. The case thus resulted in four final convictions of the two couples, as ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
