French Code Of Criminal Procedure
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French Code Of Criminal Procedure
The French code of criminal procedure (french: Code de procédure pénale) is the codification of French criminal procedure, "the set of legal rules in France that govern the State's response to offenses and offenders". It guides the behavior of police, prosecutors, and judges in how to deal with a possible crime. The current code was established in 1958, and replaced the code of 1808, created under Napoleon. Terminology According to a widely quoted definition by Merle and Vitu, the , or code of criminal procedure, is "the set of legal rules that govern the State's response to offenses and offenders". Criminal law and criminal procedure Criminal law () deals with an individual's rights and obligations under the law, as codified in a penal code. Under French criminal law, the penal code (CP) defines what acts (or omissions) are punishable. Criminal procedure () focuses on how individuals accused of crimes are dealt with in the criminal justice system: how people are inve ...
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Codification (law)
In law, codification is the process of collecting and restating the law of a jurisdiction in certain areas, usually by subject, forming a legal code, i.e. a codex (book) of law. Codification is one of the defining features of civil law jurisdictions. In common law systems, such as that of English law, codification is the process of converting and consolidating judge-made law or uncodified statutes enacted by the legislature into statute law. History Ancient Sumer's Code of Ur-Nammu was compiled ''circa'' 2050–1230 BC, and is the earliest known surviving civil code. Three centuries later, the Babylonian king Hammurabi enacted the set of laws named after him. Important codifications were developed in the ancient Roman Empire, with the compilations of the Lex Duodecim Tabularum and much later the Corpus Juris Civilis. These codified laws were the exceptions rather than the rule, however, as during much of ancient times Roman laws were left mostly uncodified. The firs ...
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Charles Dumoulin
Charles Dumoulin (Du Moulin, Molinaeus) (1500–1566) was a French jurist. He was surnamed by some of his contemporaries the "French Papinian". Life He was born in Paris. He began practice as an advocate before the ''parlement'' of Paris from 1522 to 1535 and later taught law at various places. After he turned Lutheran and later Calvinist, he was forced into exile for many years, with stays in Basel, Geneva, Tübingen, Strasbourg, Besançon, and elsewhere. He returned to Paris in 1557 but had to flee again in 1562. After writing against the Council of Trent, he was imprisoned by order of the ''parlement'' until 1564. He converted back to Catholicism on his deathbed. Works Dumoulin was a prolific writer on legal, theological, and other topics. His legal writings (on Roman law, canon law, customary law) gained him greatest reputation. His remarkable erudition and breadth of view had a considerable effect on the subsequent development of French law. At the same time, several of t ...
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Criminal Procedure
Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or incarcerated, and results in the conviction or acquittal of the defendant. Criminal procedure can be either in form of inquisitorial or adversarial criminal procedure. Basic rights Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution – that is, it is up to the prosecution to prove that the defendant is guilty beyond any reasonable doubt, as opposed to having the defense prove that they are innocent, and any doubt is resolved in favor of the defendant. This provision, known as the presumption of innocence, is required, for example, in the 46 countries that are members of the Council of Europe, under Article 6 of the European Convention on Human R ...
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National Constituent Assembly (France)
The National Constituent Assembly (french: Assemblée nationale constituante) was a constituent assembly in the Kingdom of France formed from the National Assembly on 9 July 1789 during the first stages of the French Revolution. It dissolved on 30 September 1791 and was succeeded by the Legislative Assembly. Background Estates-General The Estates General of 1789, ''(Etats Généraux)'' made up of representatives of the three estates, which had not been convened since 1614, met on 5 May 1789. The Estates-General reached a deadlock in its deliberations by 6 May. The representatives of the Third Estate attempted to make the whole body more effective and so met separately from 11 May as the ''Communes''. On 12 June, the ''Communes'' invited the other Estates to join them: some members of the First Estate did so the following day. On 17 June 1789, the ''Communes'' approved the motion made by Sieyès that declared themselves the National Assembly by a vote of 490 to 90. The Third Es ...
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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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Criminal Ordinance Of 1670
The Criminal Ordinance of 1670 (french: Ordonnance criminelle de 1670, a.k.a. ''Ordonnance criminelle de Colbert'') was a Great Ordinance dealing with criminal procedure which was enacted in France under the reign of King Louis XIV. Made in Saint-Germain-en-Laye, the Ordinance was registered by the Parliament of Paris on 26 August 1670 and came into effect on 1 January 1671. It was one of the first legal texts attempting to codify criminal law in France. It remained in force until the French Revolution. It was abrogated through a decree adopted by the National Constituent Assembly on 9 October 1789. The act broadened the jurisdiction of the nationwide policing force Maréchaussée to include burglary and popular disorder and confirmed their power to arrest any offender. It also sought to combat abuse of their authority by putting enforcement under the supervision of local royal courts. See also * French criminal law Criminal law in France is one of the branches of the ...
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Ancien Regime
''Ancien'' may refer to * the French word for "ancient, old" ** Société des anciens textes français * the French for "former, senior" ** Virelai ancien ** Ancien Régime ** Ancien Régime in France ''Ancien'' may refer to * the French word for "ancient, old" ** Société des anciens textes français * the French for "former, senior" ** Virelai ancien ** Ancien Régime ''Ancien'' may refer to * the French word for " ancient, old" ** Sociét ...
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Code Of Hammurabi
The Code of Hammurabi is a Babylonian legal text composed 1755–1750 BC. It is the longest, best-organised, and best-preserved legal text from the ancient Near East. It is written in the Old Babylonian dialect of Akkadian, purportedly by Hammurabi, sixth king of the First Dynasty of Babylon. The primary copy of the text is inscribed on a basalt stele tall. The stele was rediscovered in 1901 at the site of Susa in present-day Iran, where it had been taken as plunder six hundred years after its creation. The text itself was copied and studied by Mesopotamian scribes for over a millennium. The stele now resides in the Louvre Museum. The top of the stele features an image in relief of Hammurabi with Shamash, the Babylonian sun god and god of justice. Below the relief are about 4,130 lines of cuneiform text: one fifth contains a prologue and epilogue in poetic style, while the remaining four fifths contain what are generally called the laws. In the prologue, Hammurabi claims ...
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Codification Of Law
In law, codification is the process of collecting and restating the law of a jurisdiction in certain areas, usually by subject, forming a legal code, i.e. a codex (book) of law. Codification is one of the defining features of civil law jurisdictions. In common law systems, such as that of English law, codification is the process of converting and consolidating judge-made law or uncodified statutes enacted by the legislature into statute law. History Ancient Sumer's Code of Ur-Nammu was compiled ''circa'' 2050–1230 BC, and is the earliest known surviving civil code. Three centuries later, the Babylonian king Hammurabi enacted the set of laws named after him. Important codifications were developed in the ancient Roman Empire, with the compilations of the Lex Duodecim Tabularum and much later the Corpus Juris Civilis. These codified laws were the exceptions rather than the rule, however, as during much of ancient times Roman laws were left mostly uncodified. The first ''pe ...
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Custom Of Paris In New France
Custom, customary, or consuetudinary may refer to: Traditions, laws, and religion * Convention (norm), a set of agreed, stipulated or generally accepted rules, norms, standards or criteria, often taking the form of a custom * Norm (social), a rule that is socially enforced * Customary law or consuetudinary, laws and regulations established by common practice * Customary (liturgy) or consuetudinary, a Christian liturgical book describing the adaptation of rites and rules for a particular context * Custom (Catholic canon law), an unwritten law established by repeated practice * Customary international law, an aspect of international law involving the principle of custom * Mores * Tradition * Minhag (pl. minhagim), Jewish customs * ʿUrf (Arabic: العرف), the customs of a given society or culture Import-export * Customs, a tariff on imported or exported goods * Custom house Modification * Modding * Bespoke, anything commissioned to a particular specification * Custom car * Cus ...
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Robert Joseph Pothier
Robert Joseph Pothier (9 January 1699 – 2 March 1772) was a French jurist. Life He was born and passed away at Orléans. He studied law to qualify for the magistracy, and was appointed Judge in 1720 of the Presidial Court of Orléans, following in the footsteps of his father and grandfather. He held the post for fifty-two years. Pothier paid particular attention to the correction and co-ordination of the text of the Pandects. His ''Pandectae Justinianae in novum ordinem digestae'' (Paris and Chartres, 1748-1752) is a classic in the study of Roman law. In 1749 he was made professor of law at the University of Orleans. He wrote many learned monographs on French law 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 ..., and much of his work was incorporated almost textually in the Fre ...
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