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French criminal justice goes back to the Maréchaussée in the Middle Ages. From that time, and to a lesser extent until the end of the Ancien Régime, the functions of the police and the justice system were closely intertwined. [27] [h] Kings, lords and high dignitaries rendered justice.
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 French legal system underwent great changes after the French Revolution beginning in 1789, which swept away the old regime. [32] By 1790, the National Constituent Assembly overhauled the country’s judicial system. [32] A criminal code would be adopted by 1791.
Instead, financial cases concerning private funds and money fall within the jurisdiction of the civil justice system. Prior to 1982, France only had a single national Court of Audit. With a push toward decentralization in the creation of province-like administrative regions and the increased role of local elected officials and considering the ...
The main feature of the inquisitorial system in criminal justice in France, and other countries functioning along the same lines, is the function of the examining or investigating judge (juge d'instruction), also called a magistrate judge. The examining judge conducts investigations into serious crimes or complex inquiries.
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.
Organization of the French judiciary for criminal matters. There are two categories of criminal jurisdiction: investigation ( French : instruction ) and judgement ( jugement ). This distinction is echoed by the French code of criminal procedure ( Code de procédure pénale ), which nevertheless does not define how to distinguish the one from ...