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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.
Pierre Hugo et autres, 04–15.543 Arrêt n° 125 (Jan. 30, 2007), is a decision by the First Civil Chamber of the Cour de Cassation (the high court in France) which ruled that François Cérésa's adaptations/sequels of Les Misérables do not per se violate the droit moral of its author Victor Hugo and his estate. [1]
The Palais de Justice (French pronunciation: [palɛ də ʒystis]; '"Palace of Justice"), is a judicial center and courthouse in Paris, located on the Île de la Cité.It contains the Court of Appeal of Paris, the busiest appellate court in France, and France's highest court for ordinary cases, the Court of Cassation.
The Court of Cassation is the supreme court for civil and criminal cases in France. Ir does not constitute a third degree of jurisdiction, because unlike the Courts of Appeal, it only addresses the legal form of the verdict. Thus the juges du fond designation for first and second degree judges, which sometimes appears in cassation court verdicts.
Appeals to the Court of Cassation are still possible on points of law and procedure after the first appeal (except in case of acquittal). If this appeal on law is denied, the verdict is final; otherwise, the Court of Cassation will quash (casse) the verdict and remand the case to the appeal court for a retrial of points of fact and law.
While in Germanic Europe the supreme courts can and do tend to write more verbose opinions supported by legal reasoning, the typical Francophone court of cassation decision is short, concise and devoid of explanation or justification. [2]
However, the Court of Justice can act as a court of cassation when it hears appeals from the General Court of the European Union. 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 new High Court was no longer composed of senators, but presided over by the first President of the Court of Cassation, assisted by the President of the Criminal Chamber of the Court of Cassation and by the first President of the Appeal Court of Paris. It was also composed of 24 jurors, randomly chosen from two lists, with a dozen from each ...