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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 ...
The structure of the French judiciary is divided into three tiers: Inferior courts of original and general jurisdiction; Intermediate appellate courts which hear cases on appeal from lower courts; Courts of last resort which hear appeals from lower appellate courts on the interpretation of law. There are exceptions to this scheme, as noted below.
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.
If the appeal is admissible at the cour de cassation, that court does not re-judge the facts of the matter a third time, but may investigate and verify whether the rules of law were properly applied by the lower courts. French territories currently contain 36 courts of appeals, six of which are overseas, and a tribunal supérieur d'appel on ...
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.
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 ...
in modern law cour d'assises exists only in the French judiciary and other civil law jurisdictions, i.e. Corte d'Assise Italian Cour d'assises; Belgian Cour d'assises; it may also refer to obsolete courts in a number of common law jurisdictions, for example: Assizes; Assizes (Ireland) or royal writs, for example: Assize of Clarendon; Assize of ...
The French National School for the Judiciary (French: École nationale de la magistrature or ENM) is a French grande école, founded in 1958 [2] by French President Charles de Gaulle and the father of the current French Constitution, Michel Debré, in order to encourage law students to embrace a judicial career. [3]