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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 ...
The French code of criminal procedure (French: Code de procédure pénale) is the codification of French criminal procedure, "the set of legal rules in France that govern the State's response to offenses and offenders". [1] It guides the behavior of police, prosecutors, and judges in dealing with a possible crime.
Criminal law is carried out within the rules of French criminal procedure which set the conditions under which police investigations, judicial inquiries and judgements are carried out. Like the legal systems of other liberal democracies , French criminal law is based on three guiding principles: the principle of legality in criminal law , an ...
criminal law. Criminal law is "the set of legal rules that govern the State's response to offenses and offenders". [53] Droit pénal deals with an individual's rights and obligations under the law, as codified in a criminal code (§ code pénal). Under French criminal law, the criminal code (defines what acts (or omissions) are punishable. [54]
French criminal law is governed first and foremost by the Criminal Code and the Code of Criminal Procedure. The Criminal Code, for example, prohibits violent offenses such as homicide, assault and many pecuniary offenses such as theft or money laundering, and provides general sentencing guidelines.
In France, a cour d'assises, or Court of Assizes or Assize Court, is a criminal trial court with original and appellate limited jurisdiction to hear cases involving defendants accused of felonies, meaning crimes as defined in French law. It is the only French court that uses a jury trial. [1] [2]
The Code pénal is the codification of French criminal law (droit pénal). 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.
In French criminal law, the investigation phase (instruction) in a criminal proceeding is the procedure during which an investigating judge (juge d'instruction) 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.