The French code of criminal procedure (french: Code de procédure pénale) is the codification of

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 proce ...

, "the set of legal rules in France that govern the State's response to offenses and offenders". It guides the behavior of police, prosecutors, and judges in how to deal with a possible crime. The current code was established in 1958, and replaced the code of 1808, created under

Napoleon Napoleon Bonaparte ; it, Napoleone Bonaparte, ; co, Napulione Buonaparte. (born Napoleone Buonaparte; 15 August 1769 – 5 May 1821), later known by his regnal name Napoleon I, was a French military commander and political leader who ...

Terminology

According to a widely quoted definition by Merle and Vitu, the , or code of criminal procedure, is "the set of legal rules that govern the State's response to offenses and offenders".

Criminal law and criminal procedure

Criminal law Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law i ...

() deals with an individual's rights and obligations under the law, as codified in a

penal code A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that might ...

. Under French criminal law, the

(CP) defines what acts (or omissions) are punishable.

Criminal procedure Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or ...

() focuses on how individuals accused of crimes are dealt with in the criminal justice system: how people are investigated, prosecuted, tried, and punished. In France, these procedural issues are codified in the French code of criminal procedure ().

Role

Unlike civil law, which is applied without applying to the courts for the most part, criminal law is carried out through observance of the rules established by a written code, which connects the infraction committed, through a series of procedures leading ultimately to a sentence for an offender found guilty. Whereas civil law and civil procedure are separate areas of law, criminal law and criminal procedure are closely intertwined, and the glue is the code of criminal procedure.

Precursors

Roman law

Old French law

The sixth century

Lex Romana Visigothorum The ''Breviary of Alaric'' (''Breviarium Alaricianum'' or ''Lex Romana Visigothorum'') is a collection of Roman law, compiled by unknown writers and approved by referendary Anianus on the order of Alaric II, King of the Visigoths, with the a ...

was the most important document reflecting this usage. But classic Roman law became vulgarized through mixture with local laws, and under the influence of victorious Germanic Frankish tribes, who had their own,

customary law A legal custom is the established pattern of behavior that can be objectively verified within a particular social setting. A claim can be carried out in defense of "what has always been done and accepted by law". Customary law (also, consuetudina ...

, which became written around the sixth century, such as the Lex Salica and the

Lex Ripuaria The ''Lex Ripuaria'', also spelled ''Lex Ribuaria'', is a 7th-century collection of Germanic law, the laws of the Ripuarian Franks. It is a major influence on the ''Lex Saxonum'' of AD 802. The ''Lex Ripuaria'' originated about 630 around Cologne a ...

. With a multiplicity of laws, which one was applied became aligned with the dominant race in the area where you lived. A demarcation line roughly along the Loire River evolved, where south of the Loire the law depended on a version of customary Roman law and was known as the "land of written law" (), whereas north of the Loire, it depended more on laws of Germanic origin, and was known as the "land of customary law" (), which was still influenced by Roman law to fill in missing portions. In the 12th century and after, there was renewed interest in Roman law throughout France. In the north, the local customary laws began to be consolidated and written, under a decree by Charles VII in 1454 (), and became an important source of written law which influenced the Napoleonic code. Beyond just forming the base of written customary law, it also gained enough authority to inspire written commentary on it, which in the aggregate came to be recognized as a body of general principles of French customary law, despite some regional differences. But it wasn't until the 17th century that many of them were written such as , in

Paris Paris () is the capital and most populous city of France, with an estimated population of 2,165,423 residents in 2019 in an area of more than 105 km² (41 sq mi), making it the 30th most densely populated city in the world in 2020. S ...

, , and other . The difference between ( and ) lasted until 1789.

1670 code

The idea of

codification of law In law, codification is the process of collecting and restating the law of a jurisdiction in certain areas, usually by subject, forming a legal code, i.e. a codex (book) of law. Codification is one of the defining features of civil law jurisdi ...

goes back to antiquity. The

Ancien regime ''Ancien'' may refer to * the French word for "ancient, old" ** Société des anciens textes français * the French for "former, senior" ** Virelai ancien ** Ancien Régime ** Ancien Régime in France ''Ancien'' may refer to * the French word for ...

had no penal code; however, they had a code of criminal procedure in the form of the Criminal Ordinance of 1670 (). It remained in force until the

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 November 1799. Many of its ideas are considere ...

, when it was repealed by a decree adopted by the National Constituent Assembly on 9 October 1789.

1808 code

The Code of Criminal Procedure () is a collection of legal texts which organized

criminal procedure Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or ...

in the revolutionary era in France. Envisaged as early as 1801, it was promulgated on 16 November 1808. The code established the '' Cour d'assises'' to try (major felonies). There was one court in each department, and were the only courts in France to use , which were composed of twelve jurors. The court initially had a chief justice () and four other justices (two others after 1831) who voted with the to determine the sentence. Trial proceedings in the were theatrical in nature, with the , the jurors, the court clerk, the public prosecutor, witnesses, and the defendant all taking part in more or less formalized declarations at different points of the trial, which could go on for several days. It concluded with the prosecution offering its closing argument, followed by the defense. Flashes of oratorical style might be used to influence impressionable jurors. Before 1881, the chief justice might present a summation, which could neutralize somewhat the dramatic final arguments. Jurors rendered their verdict based on impressions, and a majority (seven of twelve) was sufficient to convict. The 1808 code made legal assistance obligatory for a criminal defendant, and if he could not choose one, the judge assigned him one on the spot, under penalty of nullifying the entire procedure that follows. The 1808 code was repealed with the advent of the Fifth Republic, and replaced by the Code of criminal procedure of 1958.

1958 code

The Code of criminal procedure established in 1958 is the modern criminal procedure code in force in France as of September 2023.

Adoption

The Code of Criminal Procedure of 1958 is a direct successor to the Code d'Instruction Criminelle of 1808. The new code was adopted by law 57-1426 of 31 December 1957, and has undergone many amendments since.

Summary

Book One (articles 11 to 230-53): Criminal policy, prosecution and investigation () covers the conduct of the prosecution and investigation, the authorities responsible for them, identity checks by police () .g., in [book one, title II: Titre II : Des enquêtes et des contrôles d'identité (Articles 53 à 78-7) and the jurisdictions involved. Book Two (articles 231 to 566): Trial courts () is about trial jurisdictions, and covers: proceedings in the assize court, trial of middling-level crimes (), trial of petty infractions (), and citations and service (mandats?). Book Three (articles 567 to 626-1): Extraordinary remedies (). Concerns channels for extraordinary recourse, and mandates procedures for petition for review and revision.() Book Four (articles 627 to 706-182): Special procedures (). Describes procedures for some particular proceedings. These include trial in absentia; forgery; a case involving the disappearance of procedural papers;(is this one specific case)? the regulation of judges; transfer of venue and extradition; recusals; offenses committed abroad; and the prosecution, investigation of health and environmental matters. Book Five (articles 707 to 803-8), sentence enforcement (). Covers the execution of penal sentences, detention, parole, sentence suspension, recognition of the identify (identity?) of convicted persons, imprisonment for payment, statute of limitation for punishments, the record of convictions, the rehabilitation of convicts, and the costs of justice. Book Five B (articles A53-2 to A53-10) digital procedures. Covers use of the storage, use, and transmission of digital data, including such topics as electronic signature, electronic document storage, scanning and digitization of procedural documents, and digital transmission of documents. It also includes Regulations of the Conseil d'Etat (Articles R1 to R430), Décrets simples (Articles D1 to D605), and Arrêtés (Articles A1 to A53-10).

Accessibility

The code of criminal procedure is available on line under a decree by the French government which established it. The

Légifrance Légifrance is the official website of the French government for the publication of legislation, regulations, and legal information. Access to the site is free. Virtually complete, it presents or refers to all concerned institutions or administrati ...

website was set up under this law, and access is freely available to all.

References

;Notes ;Citations

Works cited

External links

Code de procédure pénale
– current code of criminal procedure (at

; in French)
Description of the 1808 ''instruction criminelle''
in French {{France topics French criminal law Laws and ordinances of the Ancien Régime 1670 in law 1670 in France 1808 in law 1808 in France 1958 in law 1958 in France