Download French Criminal Law by Catherine Elliott PDF

By Catherine Elliott

This ebook offers a transparent and available account and research of French felony legislations in English, the 1st to were written.

French felony legislation has been hugely influential within the improvement of felony legislation in civil legislation international locations around the globe, and a data of French felony legislation has turn into more and more very important in view of the internationalisation and Europeanisation of felony legislations.

The booklet offers a historic advent to the advance of French legal legislations, and a bankruptcy on French legal strategy to supply the context for an figuring out of substantive legal legislations. next chapters disguise the final rules of French felony legislation, analysing actus reus, mens rea, events to crime, inchoate offences and common defences. the foremost offences are then thought of bankruptcy by means of bankruptcy, and an Appendix offers in either French and English the major provisions of the French legal Code.

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36 French Criminal Law formally designated as the probable author of the offence. 84 Once a person has been charged they can be represented by a lawyer, who will be allowed to see the file on the case. 86 There is no appeal against a decision to charge, and the Truche Commission does not recommend that one should be introduced. Investigating judges aim to discover the objective truth, rather than the guilt of the particular suspect. 87 This involves looking at the suspect’s personality, sometimes through a psychologist’s examination, and the environment where they live.

1 states: The senior state prosecutor receives complaints and denunciations and decides the action to be taken. They may, for example, decide that though a crime has been committed, it is not in the public interest to bring a prosecution as it was a minor offence which posed no real threat to society. A decision to take no further action has no legal effect, in that it does not extinguish the right to bring a prosecution in the future. As a result, if new evidence should come to light or the prosecutor simply realises that their earlier decision was wrong, they can subsequently decide to commence a prosecution.

The conflicts that can result from the dependency of the investigating judge on the police was highlighted by the case of Olivier Foll, who is at the head of the criminal investigation police in Paris. Eric Halphen was an investigating judge who was carrying out a judicial investigation into corrupt practices involving council flats in Paris. As part of this investigation he decided to carry out a search of the home of Jean Tiberi who was both an MP and the mayor of Paris. Jean Tiberi was suspected of having given his son a council flat at a low rent and then arranging for it to be renovated at vast expense to the State.

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