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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 ...
France's independent court system enjoys special statutory protection from the executive branch. Procedures for the appointment, promotion, and removal of judges vary depending on whether it is for the ordinary ("judiciaire") or the administrative stream. Judicial appointments in the judicial stream must be approved by a special panel, the High ...
The building of the Court of Cassation. The prosecution, or parquet général, is headed by the Chief Prosecutor (procureur général). [c] The Chief Prosecutor is a judicial officer, but does not prosecute cases; instead, his function is to advise the Court on how to proceed, analogous to the Commissioner-in-Council's [d] role within the Conseil d'État (lit.
Courts of Appeal in the French judiciary. Procedure (simplified) of an appeal and of an appeal en cassation. The court of appeal recognizes appeals of matters previously brought before the relevant tribunals, (du ressort), both civil and penal: [16] tribunal d'instance. police tribunals; tribunal de grande instance. juge d'instruction
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.
The differences between French case law and case law in common law systems appear to be: (1) it is not cited in the highest courts; [5] [17] [18] [19] (2) lower courts are theoretically free to depart from higher courts, although they risk their decisions being overturned; [5] and (3) courts must not solely cite case law as a basis of decision ...
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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]