Code Of Offences And Penalties
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Code Of Offences And Penalties
The Code of Offences and Penalties ( French: ''Code des délits et des peines'') was a criminal code adopted in revolutionary France by the National Convention on 25 October 1795 (the 3rd of Brumaire of the year IV under the French Republican Calendar). With 646 articles, the code deals with judicial organization, , and . It distinguishes between the functions of administrative police, which is concerned with the prevention of crimes and offenses, and , which is concerned with the prosecution and punishment of offenses committed. This distinction is still in force today and is a functional distinction, which does not necessarily imply an organizational separation: a single organization may be charged with carrying out both types of police functions: one example is the National Gendarmerie. It is notable for suppressing afflictive penalties, with the exception of the death penalty, and for creating prison sentences, the harshest of which is known as the ''Peine de la Gêne'', and ...
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Criminal Code
A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that might be imposed for these offences, and some general provisions (such as definitions and prohibitions on retroactive prosecution). Criminal codes are relatively common in civil law jurisdictions, which tend to build legal systems around codes and principles which are relatively abstract and apply them on a case-by-case basis. Conversely they are not as common in common law jurisdictions. The proposed introduction of a criminal code in England and Wales was a significant project of the Law Commission from 1968 to 2008. Due to the strong tradition of legal precedent in the jurisdiction and consequently the large number of binding legal judgements and ambiguous 'common law offences', as well as the often inconsistent nature of English law, ...
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French Revolution
The French Revolution ( ) was a period of radical political and societal change in France that began with the Estates General of 1789 and ended with the formation of the French Consulate in November 1799. Many of its ideas are considered fundamental principles of liberal democracy, while phrases like ''liberté, égalité, fraternité'' reappeared in other revolts, such as the 1917 Russian Revolution, and inspired campaigns for the abolition of slavery and universal suffrage. The values and institutions it created dominate French politics to this day. Its causes are generally agreed to be a combination of social, political and economic factors, which the ''Ancien Régime'' proved unable to manage. In May 1789, widespread social distress led to the convocation of the Estates General, which was converted into a National Assembly in June. Continuing unrest culminated in the Storming of the Bastille on 14 July, which led to a series of radical measures by the Assembly, i ...
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National Convention
The National Convention (french: link=no, Convention nationale) was the parliament of the Kingdom of France for one day and the French First Republic for the rest of its existence during the French Revolution, following the two-year National Constituent Assembly and the one-year Legislative Assembly. Created after the great insurrection of 10 August 1792, it was the first French government organized as a republic, abandoning the monarchy altogether. The Convention sat as a single-chamber assembly from 20 September 1792 to 26 October 1795 (4 Brumaire IV under the Convention's adopted calendar). The Convention came about when the Legislative Assembly decreed the provisional suspension of King Louis XVI and the convocation of a National Convention to draw up a new constitution with no monarchy. The other major innovation was to decree that deputies to that Convention should be elected by all Frenchmen twenty-one years old or more, domiciled for a year and living by the produc ...
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Administrative Police (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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National Gendarmerie
The National Gendarmerie (french: Gendarmerie nationale, ) is one of two national law enforcement forces of France, along with the National Police. The Gendarmerie is a branch of the French Armed Forces placed under the jurisdiction of the Ministry of the Interior, with additional duties from the Ministry of Armed Forces. Its responsibilities include policing smaller towns, suburbs and rural areas, along with special subdivisions like the GSPR. By contrast, the National Police is a civilian law enforcement agency that is in charge of policing cities and larger towns. Because of its military status, the Gendarmerie also fulfills a range of military and defence missions, including having a cybercrime division. The Gendarmerie has a strength of around 102,269 people (as of 2018). The Gendarmerie is the heir of the , the oldest police force in France, dating back to the Middle Ages. The Gendarmerie has influenced the culture and traditions of gendarmerie forces around the world, ...
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Imprisonment
Imprisonment is the restraint of a person's liberty, for any cause whatsoever, whether by authority of the government, or by a person acting without such authority. In the latter case it is "false imprisonment". Imprisonment does not necessarily imply a place of confinement, with bolts and bars, but may be exercised by any use or display of force (such as placing one in handcuffs), lawfully or unlawfully, wherever displayed, even in the open street. People become prisoners, wherever they may be, by the mere word or touch of a duly authorized officer directed to that end. Usually, however, imprisonment is understood to imply an actual confinement in a jail or prison employed for the purpose according to the provisions of the law. Sometimes incarceration of women, gender imbalances occur in imprisonment rates, with incarceration of males proportionately more likely than incarceration of females. History Africa Before colonisation, imprisonment was used in sub-Saharan Africa f ...
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French Criminal Law
Criminal law in France is one of the branches of the juridical system of the French Republic. The field of criminal law is defined as a sector of French law, and is a combination of public and private law, insofar as it punishes private behavior on behalf of society as a whole. Its function is to define, categorize, prevent, and punish criminal offenses committed by a person, whether a natural person () or a In this sense it is of a punitive nature, as opposed to which settles disputes between individuals. These offenses are divided into three categories, according to increasing severity: and ''crimes''. The latter two categories are determined by the legislature, while contraventions are the responsibility of the executive branch. This tripartite division is matched by the courts responsible for enforcing criminal law: the police tribunal for infractions; the '' tribunal correctionnel'' for ; the cour d'assises for . Criminal law is carried out within the rules of whi ...
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French Penal Code Of 1791
The French Penal Code of 1791 was a penal code adopted during the French Revolution by the Constituent Assembly, between 25 September and 6 October 1791. It was France's first penal code, and was influenced by the Enlightenment thinking of Montesquieu and Cesare Beccaria. The principle of legality was foremost in the underlying philosophy of the 1791 Code. In the spirit of the 1789 Declaration of the Rights of Man and of the Citizen, Cesare, Marquis of Beccaria summarized the principles that were to be the foundation of the procedural system. In his words, "every citizen should know what punishment he should endure." As a consequence, the function of the judge was conceived as being strictly distributive: qualification of an act, infliction of the pre-set sanction. This concept was revolutionary in 1791 and clearly departed from the arbitrary trials of the ''ancien régime''. The Code of 1791 was straightforward in this respect; most definitions were clear, leaving little room ...
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Penal Code
A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that might be imposed for these offences, and some general provisions (such as definitions and prohibitions on retroactive prosecution). Criminal codes are relatively common in civil law jurisdictions, which tend to build legal systems around codes and principles which are relatively abstract and apply them on a case-by-case basis. Conversely they are not as common in common law jurisdictions. The proposed introduction of a criminal code in England and Wales was a significant project of the Law Commission from 1968 to 2008. Due to the strong tradition of legal precedent in the jurisdiction and consequently the large number of binding legal judgements and ambiguous 'common law offences', as well as the often inconsistent nature of English law, t ...
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French Penal Code Of 1810
The Penal Code of 1810 was a code of criminal laws created under Napoleon, replacing the French Penal Code of 1791. Among other things, this code reinstated a life imprisonment punishment, as well as branding. These had been abolished in the French Penal Code of 1791. Issued on June 3, 1810, it stayed in use until March 1, 1994 when it was replaced by the Code pénal. This code served as a basis for criminal laws in many of the countries occupied at the time by the First French Empire. It was the fifth code promulgated by the Empire, and is not to be confused with the Code Napoleon, which was promulgated in 1804. History The initial move towards a new, cohesive French civil code was made in July 1800, when First Consul Napoleon Bonaparte appointed a four-man commission composed of Portalis, Tronchet, Bigot de Preamneneu, and Malleville to draft a project. Before the Napoleonic Code, France did not have a single set of laws; law consisted mainly of local customs, which had s ...
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Legal History Of France
The legal history of France is commonly divided into three periods: that of the old French law (), that of the Revolutionary or intermediary law (), and that of the Napoleonic law or ''Droit nouveau'' ('New law'). Old French law Revolutionary law "The legislative work of the French Revolution has been qualified as intermediary law since it formed the transition between the old French law and the new, the law covered by the Napoleonic codes." "The private law of the French Revolution is to-day no longer considered an intermediary law. Yet from a positivist point of view, most of the provisions enacted in this area between 1788 to 1799 were of short duration." Feudalism was abolished on the night of 4 August 1789. The Declaration of the Rights of Man and of the Citizen was adopted on the 26 August. Napoleonic law Napoleonic law is still considered "the foundation stone of the French legal system." Aftermath of the First French Empire The judicial system of post-Napoleonic Fran ...
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