The criminal law is the branch of the right which determines the infringements, the sanctions which society imposes on those who commit these offences and the preventive measures as well as the methods of repression of the facts constitutive of infringements.
The general criminal law determines the general principles concerning the infringements, specifies the general terms of incrimination and fixing of the sorrows reserved for the legislative power or lawful.
It envisages the three elements of the infringement, legal, material and moral, the causes of irresponsibility (mental disorder, constraint, minority). It also determines the play of the attempt and complicity.
It is him which determines the applicable penalties, the causes of attenuation or aggravation of the sorrow.
The basic principles of the criminal law concern the constitutional law.
The special criminal law is composed of the rules determining the specific rules relating to the infringements. It approaches the crimes and offences against the people but also the crimes and offences against the goods and those against the Nation, the State and public Peace.
The penal procedure is the whole of the rules concerning the implementation of the sanctions of the infringements.
The right of the execution of the sorrows is the part which relates to the period which makes following the delivery of the sorrow.
Infringements
The infringement in criminal law is an act or abstention to act which is punished, by the law, of a sorrow.
Penal offences are classified, according to their gravity, in crimes, offences and infringements. These three types of infringements are competence of four different jurisdictions:
- Supreme Court for the crimes. The sorrows being able to be marked are the reclusion and criminal detention with perpetuity or time, the fine and the privative or restrictive sorrows of rights;
- the magistrates' court for the offences. The marked sorrows are the imprisonment for one 10 years duration maximum, the fine, day-amends it, work of general interest, the privative or restrictive sorrows of rights, the complementary sorrows.
- the police court or jurisdiction of proximity for the infringements. The marked sorrows are the fine, certain restrictive or privative sorrows of rights and certain complementary sorrows.
Supreme Court
The Supreme Court considers the people marked of crime (murder, rape, armed robbery…), of attempts and complicities at crimes. It is a non-permanent jurisdiction. It generally meets every 3 months during fifteen or so days.
It is qualified for all the crimes of common right made by the major ones.
It is made up of a president and two assessors, assisted by 9 sworn drawn with the fate starting from the electoral rolls among the population constituting a popular jury. It is them which come to a conclusion about the culpability or the innocence of the defendant.
The Magistrates' court
The Magistrates' court deals with sanctioning correctional offences and crimes: swindles, frauds, voluntary manslaughters, burglaries, with violence. It is also qualified for the call of the penal decisions made by the police court. The Examining magistrate is charged, with the assistance of investigators, and experts, to carry out the instruction. At the conclusion of the instruction, the Room of the council examines whether the accused must be returned in front of the magistrates' court to be judged.
The judgments of the Magistrates' court can be the call object before the Court of Appeal.
The Police court
It is qualified for all that touches with the road traffic not only on the penal level but also on the civil level. The judgments are likely of call in front of the Magistrates' court (to penal) or in front of the civil Court (if the stake is higher than 1.240 euros).
The role of the judge of application of the sorrows
It is a specialized judge of the Court of Bankruptcy charged to follow the life of condemned inside and outside the prison.
Inside the prison, the judge of the application of the sorrows can grant reduced sentences to condemn which gave reasonable evidence of good behaviour.
Outside the prison, the judge is charged to follow the execution of the sorrows implying a legal follow-up in free medium. He also in charge of the follow-up with is condemned allowed for the benefit of the release on parole.
The ministry public or parquet floor is the authority in charge to continue in the name of the company the authors of an infringement. She exerts a mission of safeguard of the general interests of the company in front of the courts.
The setting in examination aims at the person against whom there exist serious or concordant indices making probable that she could take part as author or accomplice, at the commission of an infringement. It is an exclusive competence of the examining magistrate.
The defendant is the person, physics or morals, continued in front of the Police court or the Magistrates' court.
The defendant is the person continued before the Supreme Court.
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