The judicial system of France is a scheme. Specialized courts. The Criminal Code of France

The state development of France is based on a stable legal system. In the Constitutions of 1940 and 1958 the foundations of competences and interaction of existing branches of power were determined. позволяет государству обеспечивать реализацию гражданами их свобод и прав. The judicial system of France, in short, allows the state to ensure the realization by citizens of their freedoms and rights. It acts as one of the fundamental elements of the state.

Judicial system of France: scheme

The structure of this branch of government includes three key elements:

1. The cassation body. It is considered one of the oldest structures.
2. Court of Appeal. Their jurisdiction covers the territory of departments and overseas regions.
3. Courts of first instance.

Cassation

This court heads the whole system. The cassation existed even in the era preceding the revolution of 1789. The current name was given to the court in 1790. An organ is located in Paris. In its composition there are 5 chambers considering civil cases, and one on criminal cases. The cassation structure is defined in decrees of 1982-1983. In accordance with their provisions, there are:

1. The first chairman.
2. 84 members of the court. They are called advisers.
3. 6 chairmen of the chambers.
4. 36 advisers-speakers of different categories.
5. Prosecutor General at cassation.
6. One first and 19 ordinary general attorneys. They all act not as representatives of the parties, but as assistants to the Prosecutor General.
7. Auditors.

Competence

Cassation examines complaints against decisions adopted by subordinate bodies, according to which, usually (but not necessarily) the parties have exhausted all the possibilities of challenging on appeal. At the same time, only applications on issues relating to law, and not fact, are dealt with. A complaint can be filed for incorrect application of the law and violation of procedural provisions. Applications for criminal proceedings are examined based on newly discovered facts regarding the sentences that have entered into force. However, proceedings are allowed only in favor of convicts. This excludes the contestation of acquittals, except by the subject himself, who was brought in as the accused.

Adoption of instruments

Decisions of the cassation shall be made either by one of the chambers or by a mixed panel of three representatives. The decision can be taken by the plenum. It includes the first chairman, chairmen and doyeny (elders) of the chambers, as well as two representatives of a different category from each of them.

Court of Appeal

On the continent there are 30. The jurisdiction of each court covers several departments (2-4). In the overseas territories there are 5 organs. Having considered a complaint on criminal proceedings, the Chamber either leaves the verdict unchanged, or revokes it. In this case, she usually makes a new decision herself. Only in certain cases, the chamber sends the materials for a new consideration to the lower body. Each court includes one or more chambers with one chairman and two members of the court. These structures act as a control body. They monitor the preliminary investigation (conclusion of the accused). Chambers act as an organ of direct trial to the court. The Chamber for Civil Proceedings examines complaints against decisions taken not only by general jurisdictions, but also by other tribunals (including trade tribunals).

Subordinate organs

This link includes:

1. Tribunals of large and small processes. They are considering civil cases.
2. Courts of the jury, police and correctional tribunals. The cases related to the violation of the Criminal Code are assigned to their competence.

The word "tribunal" does not indicate the extraordinary nature of the organs. This term indicates a more limited scope of competence in comparison with other structures.

The Tribunals

включает 181 трибунал большого процесса. The judicial system of France includes 181 tribunals of a large trial. After the reform of 1983 at least one of them is present in every department of the state (there are 96 of them). The composition of these bodies includes chairmen and a different number of officials directly leading the proceedings. The competence of the tribunal for a large process includes the examination of property civil cases with the price of a lawsuit of more than 30 thousand francs. In addition, they are authorized to deal with a large number of disputes in certain categories. In particular, these are cases related to real estate and citizenship, divorce proceedings, adoption and so on. After the reform of 1983, there are 470 small-scale tribunals in the country established in exchange for world courts. They were introduced in 1958. Tribunals are located in the main cities in all departments and districts. рассматривает определенные типы дел. The court of small jurisdiction considers certain types of cases. Among them, among other things, belong to property disputes with the price of the claim up to 30 thousand francs. не предусматривает обжалование решений по делам с суммами до 13 тыс. The judicial system of France does not provide for appealing decisions on cases with amounts up to 13 thousand.

Collegial bodies

These include jury trials. In their exclusive jurisdiction are the proceedings for serious crimes. Courts sit in Paris and in all departments, bearing the appropriate names. Each body has two professional officials, headed by the chairman. He is a member of the Court of Appeal. 9 lay judges are called upon to perform their duties in accordance with the departmental voters list after selection by the commission by lot. Decisions are made by the majority. At the same time, the decision unfavorable for the accused, including those related to the refusal to recognize mitigating circumstances, should be pronounced with a preponderance of at least 8 people out of 12 participants in the discussion. The convictions sentenced by the assessors are considered final. отсутствует. The jury of appeal is absent. An acquittal can not be challenged by the prosecution and cassation.

Correctional tribunals

These bodies are considering cases of crimes. в статье 1 называет так наказания за правонарушения. The term "correctional" refers to the fact that the French Penal Code in article 1 calls this punishment for offenses. Cases in these bodies are dealt with collectively. Dealing with delicts is carried out by three judges. Cases of certain categories can be dealt with singly. . These include violations of traffic rules, fishing and hunting rules , other offenses punishable by the Criminal Code of France .

Police tribunals

They deal with criminal cases for which a fine of up to 10,000 francs is imposed as a maximum penalty or, in some cases, an arrest of 1-60 days. The term "policeman" is also due to the name of the sanctions provided for in the Criminal Code for certain types of misconduct. Cases are considered by the judges of the tribunals of the small process alone.

Special organs

. In the general structure of institutions authorized to consider different cases, specialized courts are provided. Some of them are institutions for the affairs of minors. рассматривают конкретные группы дел: Other specialized courts consider specific groups of cases:

1. Trade tribunals.
2. Commission on Social Insurance.
3. Tribunals in cases involving maritime trade.
4. Councils of prydomas.
5. Parity tribunals for renting land, etc.

The most important of these institutions are the councils of prudhoms and commercial tribunals. The latter number 227. In their composition there are three judge-consul. These officials sort out the disputes that arise between the parties to any trade agreements, the members of the partnerships, the cases of obligations of entrepreneurs, bankers associated with the liquidation of organizations, etc. The councils of the prudhoms - flawlessly honest people - serve to reconcile or resolve conflicts relating to the execution, Termination of employment contracts. In 1985, the Supreme Council, a consultative institution under the ministries of labor and justice, was established.

Sun

отводит учреждению, в компетенцию которого входит разбирательство дел по обвинению главы государства в госизмене, министров - в тяжких преступлениях и деликтах при выполнении ими служебных обязанностей. The judicial system of France assigns a special role to the institution, which has jurisdiction over the prosecution of the head of state in the state treasury, the ministers - in grave crimes and delicts in the performance of their official duties. This body is formed from an equal number of members of both parliamentary chambers. Thus, it consists of 12 officials and six deputies. The investigation of these accusations and the surrender of the highest persons of the state to the court is carried out exclusively in accordance with the decision taken by both parliamentary chambers.

Additionally

с 1953 по 1981 годы включала в себя чрезвычайное учреждение, рассматривавшего дела по преступлениям против внешней и внутренней безопасности страны. The judicial system of France from 1953 to 1981 included an extraordinary institution that dealt with cases of crimes against the external and internal security of the country. At present they are referred to the competence of the bodies of general jurisdiction. The accused can apply to the defense counsel for help in the case. . Until 1971, the country had different legal professions, respectively, the cost of the services of a lawyer was different. At present, all of them have merged into a common category of defenders. Accordingly, in general, the average cost of a lawyer for one category of cases is the same. The rate of junior lawyers is about 150 euro / hour, the defender with 2 years of experience - 200-250 euro / hour.