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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.
Courts of Appeal in the French judiciary. Procedure (simplified) of an appeal and of an appeal en cassation. The court of appeal recognizes appeals of matters previously brought before the relevant tribunals, (du ressort), both civil and penal: [16] tribunal d'instance. police tribunals; tribunal de grande instance. juge d'instruction
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.
The French code of criminal procedure (French: Code de procédure pénale) is the codification of French criminal procedure, "the set of legal rules in France that govern the State's response to offenses and offenders". [1] It guides the behavior of police, prosecutors, and judges in dealing with a possible crime.
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.
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These ordinary courts mainly deals with civil and criminal cases, and are composed of judges called 'magistrates (French: Magistrat)' educated from French National School for the Judiciary, while judges composing administrative court and constitutional court are usually not trained in French National School for the Judiciary.