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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.
The principle of legality of offenses and penalties (or principle of criminal legality) is a fundamental principle of modern criminal law, as expressed by the phrase "Nullum crimen, nulla poena sine lege"; it means that there can be no crimes, offenses, or contraventions without a prior definition of said offenses, as contained in a text ...
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]
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 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.
With 646 articles, the code deals with judicial organization, criminal procedure, and criminal punishment . It distinguishes between the functions of administrative police, which is concerned with the prevention of crimes and offenses, and judicial police, which is concerned with the investigation of crimes and identification of suspects.
French criminal procedure; French Penal Code of 1791; French Penal Code of 1810; G. Gayssot Act; Glossary of French criminal law; I. Investigating judge (France) J.