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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" (le pays de droit écrit), whereas north of the Loire, it depended more on laws of Germanic origin and was known as the "land of customary law" (le pays de droit ...
In France, the term criminal procedure (French: procédure pénale) has two meanings; a narrow one, referring to the process that happens during a criminal case as it proceeds through the phases of receiving and investigating a complaint, arresting suspects, and bringing them to trial, resulting in possible sentencing—and a broader meaning referring to the way the justice system is organized ...
To determine the offense, the judge must have a preexisting legal basis (préalable légal), [4] a material element, [fr; de] and a moral element [fr; de] . The offense can only be charged if the perpetrator is mentally competent, and has consented to the commission of a criminal act (as perpetrator or accomplice) of their own free will .
The International Association of Penal Law (AIDP) (French: L'Association Internationale de Droit Penal) was founded in Paris on March 14, 1924. It emerged from a reorganization of the International Union of Penal Law (UIDP), founded in Vienna in 1889 by three prominent lawyers - specialists of the criminal law: Franz von Liszt, Gerard Van Hamel and Adolphe Prins, which was dissolved after the ...
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 (intérêts fondamentaux de la nation) (Book IV, Title I).
The principle of legality [1] [2] [a] (French: principe de légalité) 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, [citation needed] and before that, was developed by Italian criminologist Cesare Beccaria and by Montesquieu. [4]
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 term action publique is translated in various ways in English sources, depending on context. The literal, word-for-word translation is "public action", which is used sometimes in English texts, always with an explanation, as it has little meaning outside the context of French law.