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Droit pénal. Procédure pénale 2023 [Criminal law. criminal procedure 2023]. HyperCours (in French) (14 ed.). Paris: Editions Dalloz. ISBN 978-2-247-22075-5. OCLC 1346591522. p. pub. blurb: Le droit pénal général étudie les principes généraux de la répression des infractions, la responsabilité et la peine. La procédure pénale régit ...
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 ...
Schema showing jurisdictional dualism in the French legal system. France has a dual system of law: one system deals with private relationships, and is sometimes called "private law" (droit privé) or "ordinary law" (droit commun), and the other system which covers administrative officials, and is called "administrative law" (droit administratif).
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 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.
Penal law in particular had been a source of great controversy during the French Revolution, which had promulgated the Penal Code of 1791 and numerous constitutions. [3] The new Penal Code was to replace various laws adopted during the first ten years of the Revolution, the backbone of which was the Penal Code of 1791 and the Code of Offences ...
The principle of criminal liability is defined in the constitution, [citation needed] and a fundamental corollary of it is its application in time (application de la loi pénale dans le temps). This principle means that criminal sanctions are not retroactive, per article 112-1 of the French penal code.
The expression "general principles of law" was consecrated after the Liberation of France by an arrêt [5] about the rights of defendants. (principe des droits de la défense) [6] The Tribunal des conflits cited this principle, in its decision of 8 February 1873, titled Dugave et Bransiet. [7]