Английская Википедия:French code of criminal procedure

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The French code of criminal procedure (Шаблон:Lang-fr) is the codification of French criminal procedure, "the set of legal rules in France that govern the State's response to offenses and offenders".Шаблон:Sfn It guides the behavior of police, prosecutors, and judges in how to deal with a possible crime. The current code was established in 1958, and replaced the code of 1808, created under Napoleon.

Terminology

According to a widely quoted definition by Merle and Vitu, the Шаблон:Lang, or code of criminal procedure, is "the set of legal rules that govern the State's response to offenses and offenders".Шаблон:SfnШаблон:Efn

Criminal law and criminal procedure

Criminal law (Шаблон:Lang) deals with an individual's rights and obligations under the law, as codified in a penal code. Under French criminal law, the penal code (CP) defines what acts (or omissions) are punishable. Criminal procedure (Шаблон:Lang) focuses on how individuals accused of crimes are dealt with in the criminal justice system: how people are investigated, prosecuted, tried, and punished. In France, these procedural issues are codified in the French code of criminal procedure (Шаблон:Lang).Шаблон:Sfn

Role

Unlike civil law, which is applied without applying to the courts for the most part, criminal law is carried out through observance of the rules established by a written code, which connects the infraction committed, through a series of procedures leading ultimately to a sentence for an offender found guilty. Whereas civil law and civil procedure are separate areas of law, criminal law and criminal procedure are closely intertwined, and the glue is the code of criminal procedure.Шаблон:Sfn

Precursors

Old French law

The sixth century Lex Romana Visigothorum was the most important document reflecting this usage. But classic Roman law became vulgarized through mixture with local laws, and under the influence of victorious Germanic Frankish tribes, who had their own, customary law, which became written around the sixth century, such as the Lex Salica and the Lex Ripuaria. With a multiplicity of laws, which one was applied became aligned with the dominant race in the area where you lived. A demarcation line roughly along the Loire River evolved, where south of the Loire the law depended on a version of customary Roman law and was known as the "land of written law" (Шаблон:Lang), whereas north of the Loire, it depended more on laws of Germanic origin, and was known as the "land of customary law" (Шаблон:Lang), which was still influenced by Roman law to fill in missing portions.Шаблон:SfnШаблон:Sfn

In the 12th century and after, there was renewed interest in Roman law throughout France. In the north, the local customary laws began to be consolidated and written, under a decree by Charles VII in 1454 (Шаблон:Ill),Шаблон:SfnШаблон:Sfn and became an important source of written law which influenced the Napoleonic code.Шаблон:Sfn Beyond just forming the base of written customary law, it also gained enough authority to inspire written commentary on it, which in the aggregate came to be recognized as a body of general principles of French customary law, despite some regional differences.Шаблон:SfnШаблон:Efn But it wasn't until the 17th century that many of them were written such as Шаблон:Ill, in Paris, Шаблон:Ill, and other Шаблон:Ill. The difference between (Шаблон:Lang and Шаблон:Lang) lasted until 1789.Шаблон:SfnШаблон:Sfn

1670 code

The idea of codification of law goes back to antiquity.Шаблон:Efn The Ancien regime had no penal code; however, they had a code of criminal procedure in the form of the Criminal Ordinance of 1670 (Шаблон:Lang).Шаблон:Sfn It remained in force until the French Revolution, when it was repealed by a decree adopted by the National Constituent Assembly on 9 October 1789.

1808 code

The Code of Criminal Procedure (Шаблон:Lang) is a collection of legal texts which organized criminal procedure in the revolutionary era in France. Envisaged as early as 1801, it was promulgated on 16 November 1808.

The code established the Cour d'assises to try Шаблон:Lang (major felonies). There was one court in each department, and were the only courts in France to use Шаблон:Ill, which were composed of twelve jurors. The court initially had a chief justice (Шаблон:Lang) and four other justices (two others after 1831) who voted with the Шаблон:Lang to determine the sentence. Trial proceedings in the Шаблон:Lang were theatrical in nature, with the Шаблон:Lang, the jurors, the court clerk, the public prosecutor, witnesses, and the defendant all taking part in more or less formalized declarations at different points of the trial, which could go on for several days. It concluded with the prosecution offering its closing argument, followed by the defense. Flashes of oratorical style might be used to influence impressionable jurors. Before 1881, the chief justice might present a summation, which could neutralize somewhat the dramatic final arguments. Jurors rendered their verdict based on impressions, and a majority (seven of twelve) was sufficient to convict.Шаблон:Sfn

The 1808 code made legal assistance obligatory for a criminal defendant, and if he could not choose one, the judge assigned him one on the spot, under penalty of nullifying the entire procedure that follows.Шаблон:SfnШаблон:Efn

The 1808 code was repealed with the advent of the Fifth Republic, and replaced by the Code of criminal procedure of 1958.

1958 code

The Code of criminal procedure established in 1958 is the modern criminal procedure code in force in France as of September 2023.

Adoption

The Code of Criminal Procedure of 1958 is a direct successor to the Code d'Instruction Criminelle of 1808.Шаблон:Sfn

The new code was adopted by law 57-1426 of 31 December 1957,Шаблон:Sfn legifrance and has undergone many amendments since.Шаблон:Sfn legifrance

Summary

Book One (articles 11 to 230-53): Criminal policy, prosecution and investigation (Шаблон:Lang) covers the conduct of the prosecution and investigation, the authorities responsible for them, identity checks by police (Шаблон:Lang) [e.g., in [book one, title II: Titre II : Des enquêtes et des contrôles d'identité (Articles 53 à 78-7)], and the jurisdictions involved.Шаблон:SfnШаблон:Sfn legifrance

Book Two (articles 231 to 566): Trial courts (Шаблон:Lang) is about trial jurisdictions, and covers: proceedings in the assize court, trial of middling-level crimes (Шаблон:Lang), trial of petty infractions (Шаблон:Lang), and citations and service (mandats?).Шаблон:SfnШаблон:Sfn legifrance

Book Three (articles 567 to 626-1): Extraordinary remedies (Шаблон:Lang). Concerns channels for extraordinary recourse, and mandates procedures for petition for review and revision.(Шаблон:Lang)Шаблон:SfnШаблон:Sfn legifrance

Book Four (articles 627 to 706-182): Special procedures (Шаблон:Lang). Describes procedures for some particular proceedings. These include trial in absentia; forgery; a case involving the disappearance of procedural papers;(is this one specific case)? the regulation of judges; transfer of venue and extradition; recusals; offenses committed abroad;Шаблон:Sfn and the prosecution, investigation of health and environmental matters.Шаблон:Sfn legifrance

Book Five (articles 707 to 803-8), sentence enforcement (Шаблон:Lang). Covers the execution of penal sentences, detention, parole, sentence suspension, recognition of the identify (identity?) of convicted persons, imprisonment for payment, statute of limitation for punishments, the record of convictions, the rehabilitation of convicts, and the costs of justice.Шаблон:SfnШаблон:Sfn legifrance

Book Five B (articles A53-2 to A53-10) digital procedures. Covers use of the storage, use, and transmission of digital data, including such topics as electronic signature, electronic document storage, scanning and digitization of procedural documents, and digital transmission of documents.Шаблон:Sfn legifrance

It also includes Regulations of the Conseil d'Etat (Articles R1 to R430),Шаблон:Sfn legifrance Décrets simples (Articles D1 to D605),Шаблон:Sfn legifrance and Arrêtés (Articles A1 to A53-10).Шаблон:Sfn legifrance

Accessibility

The code of criminal procedure is available on line under a decree by the French government which established it.Шаблон:Sfn legifrance The Légifrance website was set up under this law, and access is freely available to all.

See also

• Code of Offences and Penalties
• Cour d'appel (Appellate court)
• Court of Appeal (France)
• Court of Cassation
• Criminal justice system of France
• Declaration of the Rights of Man and of the Citizen
• French penal code
• Glossary of French criminal law
• Law of France
• Napoleonic Code – civil, not criminal

References

Notes

Citations

Further reading

• Criminal Investigation Code of 1808: per The Journal of Criminal Law, Criminology, and Police Science
• 1808 Code of Criminal Investigation per The Criminal Process and Human Rights, Mireille Delmas-Marty · 1995
• 1808 code of criminal investigation per Coping with Overloaded Criminal Justice Systems, Jörg-Martin Jehle, Marianne Wade · 2006
• French Code of Criminal Investigation (1808) per Criminal Law in Russia Svetlana Paramonova · 2021
• Code of Criminal Investigation in 1808 per Reform of the Federal Criminal Laws: Hearings, Ninety-second... US Congress, 1971 p.2318

External links

• Code de procédure pénale – current code of criminal procedure (at Légifrance; in French)
• Description of the 1808 instruction criminelle in French