Administrative Police In France
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Administrative Police In France
The Administrative police in France is the corps of French police whose goal is the prevention of disturbances to the public order. Administrative policing is an activity whose goal is to ensure the maintenance of public order, prevent crime, and are under local or national administrative authorities, not in the search for, or arrest of the perpetrator of a particular offense. This includes the French Border Police, traffic police, and others. They have certain rights to stop and ask for identification, but are not involved in criminal proceedings. The goals of the Administrative police are distinct from those of the Judicial police which, according to article 14 of the is concerned with the prosecution and punishment for offenses committed. The separation of administrative and judicial policing functions dates to the 1795 Code of Offences and Penalties, and is still in force today. It is a functional distinction, which does not necessarily imply an organizational separation: ...
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French Police
Law enforcement in France has a long history dating back to AD 570 when night watch systems were commonplace.Dammer, H. R. and Albanese, J. S. (2014). ''Comparative Criminal Justice Systems'' (5th ed.). Wadesworth Cengage learning: Belmont, CA. Policing is centralized at the national level. Recently, legislation has allowed local governments to hire their own police officers which are called the "'' police municipale''. There are two national police forces called "''Police nationale'' and "''Gendarmerie nationale''. The Prefecture of Police of Paris provides policing services directly to Paris as a subdivision of France's Ministry of the Interior. Within these national forces, only certain designated police officers have the power to conduct criminal investigations which are supervised by investigative magistrates. Organizations National agencies France has two national police forces: * The ''Police nationale'', formerly called the "''Sûreté''", is considered a civili ...
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Court Of Cassation
A court of cassation is a high-instance court that exists in some judicial systems. Courts of cassation do not re-examine the facts of a case, they only interpret the relevant law. In this they are appellate courts of the highest instance. In this way they differ from systems which have a supreme court which can rule on both the facts of a case and the relevant law. The term derives from the Latin , "to reverse or overturn". The European Court of Justice answers questions of European Union law following a referral from a court of a member state. In exercising this function it is not a court of cassation: it issues binding advice to the national courts on how EU law ought to be interpreted, it does not overturn decisions of those courts. However, the Court of Justice can act as a court of cassation when it hears appeals from the General Court of the European Union. Many common-law supreme courts, like the United States Supreme Court, use a similar system, whereby the court vaca ...
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Principle Of Legality In French Criminal Law
The principle of legality in French criminal law holds that no one may be convicted of a criminal offense unless a previously published legal text sets out in clear and precise wording out the constituent elements of the offense and the penalty which applies to it. (Latin:, in other words, "no crime, no penalty, without a law"). The principle of legality (french: link=no, principe de légalité) is one of the most fundamental principles of French criminal law, and goes back to the Penal Code of 1791 adopted during the French Revolution, and before that, was developed by Italian criminologist Cesare Beccaria and by Montesquieu. The principle has its origins in the 1789 Declaration of the Rights of Man and of the Citizen, which endows it with constitutional force and limits the conditions in which citizens may be punished for infractions. History The principle of legality of punishment and crime was identified and conceptualized in the Enlightenment. It is generally attribu ...
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Nulla Poena Sine Lege
''Nulla poena sine lege'' (Latin for "no penalty without law", Anglicized pronunciation: ) is a legal principle which states that one cannot be punished for doing something that is not prohibited by law. This principle is accepted and codified in modern democratic states as a basic requirement of the rule of law. It has been described as "one of the most 'widely held value-judgement in the entire history of human thought. Requirements In modern European criminal law, e.g. of the Constitutional Court of Germany, the principle of ''nulla poena sine lege'' has been found to consist of four separate requirements: ;''Nulla poena sine lege praevia'': There is to be no penalty without ''previous'' law. This prohibits ex post facto laws, and the retroactive application of criminal law. It is a basic maxim in mainland European legal thinking. It was written by Paul Johann Anselm Ritter von Feuerbach as part of the Bavarian Criminal Code in 1813. ;''Nulla poena sine lege scripta'': There ...
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Law Of France
The Law of France refers to the legal system in the French Republic, which is a civil law legal system primarily based on legal codes and statutes, with case law also playing an important role. The most influential of the French legal codes is the Napoleonic Civil Code, which inspired the civil codes of Europe and later across the world. The Constitution of France adopted in 1958 is the supreme law in France. European Union law is becoming increasingly important in France, as in other EU member states. In academic terms, French law can be divided into two main categories: private law (''Droit privé'') and public law (''droit public''). This differs from the traditional common law concepts in which the main distinction is between criminal law and civil law. Private law governs relationships between individuals. It includes, in particular: * Civil law ('). This branch refers to the field of private law in common law systems. This branch encompasses the fields of inheritance law ...
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French Penal Code
French (french: français(e), link=no) may refer to: * Something of, from, or related to France ** French language, which originated in France, and its various dialects and accents ** French people, a nation and ethnic group identified with France ** French cuisine, cooking traditions and practices Fortnite French places Arts and media * The French (band), a British rock band * "French" (episode), a live-action episode of ''The Super Mario Bros. Super Show!'' * ''Française'' (film), 2008 * French Stewart (born 1964), American actor Other uses * French (surname), a surname (including a list of people with the name) * French (tunic), a particular type of military jacket or tunic used in the Russian Empire and Soviet Union * French's, an American brand of mustard condiment * French catheter scale, a unit of measurement of diameter * French Defence, a chess opening * French kiss, a type of kiss involving the tongue See also * France (other) * Franch, a surname * French ...
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Declaration Of The Rights Of Man And Of The Citizen
The Declaration of the Rights of Man and of the Citizen (french: Déclaration des droits de l'homme et du citoyen de 1789, links=no), set by France's National Constituent Assembly in 1789, is a human civil rights document from the French Revolution. Inspired by Enlightenment philosophers, the Declaration was a core statement of the values of the French Revolution and had a major impact on the development of popular conceptions of individual liberty and democracy in Europe and worldwide. The Declaration was originally drafted by the Marquis de Lafayette, but the majority of the final draft came from the Abbé Sieyès. Influenced by the doctrine of natural right, the rights of man are held to be universal: valid at all times and in every place. It became the basis for a nation of free individuals protected equally by the law. It is included in the beginning of the constitutions of both the Fourth French Republic (1946) and Fifth Republic (1958), and is considered valid as const ...
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Criminal Justice System Of France
The criminal justice system of France, or the French legal system, is derived from Roman law. It is not only a feudal system in the Middle Age, but also a representative of the civil law system. France is committed to the judicial system which was gradually established after the French Revolution in the late 18th century. From beginning of the 19th century to nowadays, Napoleon codified a series of significant rules and established the common court system, administrative court system as well as independent judicial system which formed a unified modern judicial system. History From the late Middle Ages to the early Renaissance, the earliest commence of in modern French criminal law were marked by the Templar trial which took place in the early 1300s as well as the trial of Jeanne d' Arc over a hundred years later. Although the former was an instant medieval legal trial, obviously, the medieval-nowadays evolution of modern law was reflected in the latter's proceedings. In addi ...
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Appellate Court
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review, an appellate court decides the extent of the deference it would give to the lower court's decision, based on whether the appeal were one of fact or of law. In reviewing an issue of fact, an appellate court ordina ...
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