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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.
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).
arrêt de cassation – decision to quash a judgment of the lower courts [16] arrêt définitif – decision open to appeal on law rather than fact [16] arrêt de principe – leading case/seminal decision; [22] case stating a legal principle [16] arrêt de rejet – final decision rejecting an appeal on points of law [16] grands arrêts ...
The next higher court would be cassation. Here the bench sometimes quashes a verdict without returning it to the lower court, or where a lower court may bow to the Cour de cassation by rendering a judgment that takes the cassation court's ruling into account. Unlike the Courts of Appeal, there is only one Cour de cassation, which sits in Paris.
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.
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 ...
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]
None of these criteria proved intellectually or judicially satisfactory. The Court of cassation, the French court of final appeal, eventually elected to systematically prosecute impossible infractions within its jurisdiction; see the Perdereau decision of 16 January 1986. In this case the crime was the attempted murder of a cadaver.