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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.
the law: an abstract term for 'the law' (as opposed to § loi, which is an individual law); [102] a set of rules governing life in society. [76] a right (as in, the right to do something; human rights): the prerogatives attributed to an individual. [102] In other contexts: a fee or duty; right (adj.; as opposed to left)
The separation of public law (administrative) [2] and private law (judiciary) goes back to Roman law. A separate branch for public law existed during the Ancien régime . Many other countries have such a system (including in common-law countries ) not only in having a separate judicial order for administrative courts (which exist also in ...
Many common-law supreme courts, like the United States Supreme Court, use a similar system, whereby the court vacates the decision of the lower court and remands the case for retrial in a lower court consistent with the decision of the supreme court. Where the system differs is that in legal systems such as the American federal courts, mid-tier ...
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 ...
Italy's justice minister has ruled against the extradition of a former chaplain sought in Argentina on charges of murder and torture during the South American country's last military dictatorship ...
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.
An early case in France (under the civil law system), known as the Princess Bauffremont Affair decided by the Cour de cassation in 1878 [Civ. 18 mars 1878, S.78.1.193 (note Labbé)] saw the princess obtain citizenship in Germany to obtain a divorce there and then remarry. She returned to France where she attempted to re-establish herself.