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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 Court of Cassaction itself only judges matters of law; it does not re-try the facts a third time. The French legal system distinguishes between civil jurisdictions charged with litigation between persons, and; criminal jurisdictions, which judge accusations of criminality and may apply sanctions pénales, criminal penalties.
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.
An examining magistrate is a judge in an inquisitorial system of law who carries out pre-trial investigations into allegations of crime and in some cases makes a recommendation for prosecution. Also known as an investigating magistrate , inquisitorial magistrate , or investigating judge , the exact role and standing of examining magistrates ...
Some areas of French law even primarily consist of case law. For example, tort liability in private law is primarily elaborated by judges, from only five articles (articles 1382–1386) in the Civil Code. [20] [21] Scholars have suggested that, in these fields of law, French judges are creating law much like common law judges.
PARIS, July 12 (Reuters) - A retired French judge has been found dead at his home with his head in a plastic bag, a prosecutor said on Wednesday, in a new twist to a child murder case that has ...
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.
French investigative judges filed preliminary charges on Friday against former President Nicolas Sarkozy for his alleged involvement in an attempt to mislead magistrates in order to clear him in a ...