By Catherine Elliott
This booklet offers a transparent and available account and research of French legal legislations in English, the 1st to were written.
French legal legislations has been hugely influential within the improvement of legal legislation in civil legislations international locations all over the world, and a data of French legal legislation has turn into more and more very important in view of the internationalisation and Europeanisation of felony legislations.
The ebook offers a old creation to the improvement of French felony legislations, and a bankruptcy on French legal technique to supply the context for an realizing of significant felony legislation. next chapters hide the final ideas of French legal legislations, analysing actus reus, mens rea, events to crime, inchoate offences and normal defences. the main offences are then thought of bankruptcy via bankruptcy, and an Appendix offers in either French and English the foremost provisions of the French felony Code.
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Extra info for French Criminal Law
Sample text
Members of the Public Prosecutor’s Office are technically judges, being members of the same professional body and receiving the same training as the judges on the bench. 50 This judgment has influenced subsequent legislation so that the extension for a further 48 hours’ police custody in relation to terrorist or drug offences must be authorised either by the president of the tribunal de grande instance or a designated member of the bench. In the past the suspect was not informed of their right to remain silent and there was no obligation to inform a suspect why they were being detained in police custody.
91 and 392–1 of the Code of Criminal Procedure. Art. 89–1 of the Code of Criminal Procedure. 74 The judicial investigation The key practical difference between the police investigation and the judicial investigation is that the investigators are given greater coercive powers, such as to place a person on remand in custody or to tap telephones. A judicial investigation can only take place once a prosecution has been commenced. 77 The judicial investigation seeks to build on the work undertaken during the police investigation, in an effort to discover the truth and determine whether the case should be referred for trial.
45 Thus, in relation to conspiracy, living off immoral earnings or aggravated forms of extortion and organised crime, a person is only allowed to see a lawyer after 36 hours. 47 Though there are no fixed time limits for police questioning, a circular specifies that the law aims to avoid questioning for lengthy periods. Research carried out in 1993 on behalf of the Royal Commission of Criminal Justice in the UK suggested that in practice such questioning could take place for oppressive lengths of time, until the detainee was emotionally broken.