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French Criminal Law
French criminal law is "the set of legal rules that govern the State's response to offenses and offenders". It is one of the branches of the Legal system, juridical system of the France, French Republic. The field of criminal law is defined as a sector of French law, and is a combination of public law, 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 legal person (). In this sense it is of a punitive nature, as opposed to which settles disputes between individuals, or Administrative law in France, administrative law which deals with issues between individuals and government. Criminal offenses are divided into three categories, according to increasing severity: Contravention in French criminal law, ''contraventions'', Glossary of French criminal law#délit, ''délits'', and ''Crime in French law, crim ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Correctional Court
In France, the correctional court () is the court of first instance that has jurisdiction in criminal matters regarding offenses classified as (middling-level crimes) committed by an adult. In 2013, French correctional courts rendered 576,859 judgments and pronounced 501,171 verdicts. Lesser offenses called ''contraventions'' are judged by the Police Tribunal (proximity courts were permanently abolished on July 1, 2017). More serious wrongdoing such as felonies (crimes) are judged by the ''cour d'assises''. In terms of judicial organisation, the correctional court is one of the chambers of the ''tribunal de grande instance''. At the largest of these courts, several chambers may hear criminal matters. Such courts number the chambers to distinguish them, and they are referred to as the ''nth'' correctional chamber or the ''nth'' chamber of the correctional court. Jurisdiction of the correctional court The jurisdiction of a court, such as the correctional court, is determine ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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. General presentation The principle of legality was a key pillar in the underlying philosophy of the 1791 Code. This principle holds that no one may be convicted of a criminal offense unless a previously published legal text sets out in clear and precise wording the constituent elements of the offense and the penalty which applies to it. 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." This concept was revolutionary in 1791 and clearly departed from the arbitrary trials of the ''ancien régime'' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Court Of Human Rights
The European Court of Human Rights (ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights (ECHR). The court hears applications alleging that a contracting state has breached one or more of the human rights enumerated in the convention or its optional protocols to which a member state is a party. The court is based in Strasbourg, France. The court was established in 1959 and decided its first case in 1960 in ''Lawless v. Ireland''. An application can be lodged by an individual, a group of individuals, or one or more of the other contracting states. Aside from judgments, the court can also issue advisory opinions. The convention was adopted within the context of the Council of Europe, and all of its member states of the Council of Europe, 46 member states are contracting parties to the convention. The court's primary means of judicial interpretation is the living instrument doctrine, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Justice Of The European Union
The Court of Justice of the European Union (CJEU) ( or "''CJUE''"; Latin: Curia) is the Judiciary, judicial branch of the European Union (EU). Seated in the Kirchberg, Luxembourg, Kirchberg quarter of Luxembourg City, Luxembourg, this EU institution consists of two separate courts: the European Court of Justice, Court of Justice and the General Court (European Union), General Court. From 2005 to 2016, it also contained the European Union Civil Service Tribunal, Civil Service Tribunal. It has a ''sui generis'' court system, meaning 'of its own kind', and is a supranational institution. The CJEU is the chief judicial authority of the EU and oversees the uniform application and interpretation of European Union law, in co-operation with the national judiciary of the EU member states. The CJEU also resolves legal disputes between national governments and EU institutions, and may take action against EU institutions on behalf of individuals, companies or organisations whose rights h ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Philosophy Of Science
Philosophy of science is the branch of philosophy concerned with the foundations, methods, and implications of science. Amongst its central questions are the difference between science and non-science, the reliability of scientific theories, and the ultimate purpose and meaning of science as a human endeavour. Philosophy of science focuses on metaphysical, epistemic and semantic aspects of scientific practice, and overlaps with metaphysics, ontology, logic, and epistemology, for example, when it explores the relationship between science and the concept of truth. Philosophy of science is both a theoretical and empirical discipline, relying on philosophical theorising as well as meta-studies of scientific practice. Ethical issues such as bioethics and scientific misconduct are often considered ethics or science studies rather than the philosophy of science. Many of the central problems concerned with the philosophy of science lack contemporary consensus, including whether ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ethics
Ethics is the philosophy, philosophical study of Morality, moral phenomena. Also called moral philosophy, it investigates Normativity, normative questions about what people ought to do or which behavior is morally right. Its main branches include normative ethics, applied ethics, and metaethics. Normative ethics aims to find general principles that govern how people should act. Applied ethics examines concrete ethical problems in real-life situations, such as abortion, treatment of animals, and Business ethics, business practices. Metaethics explores the underlying assumptions and concepts of ethics. It asks whether there are objective moral facts, how moral knowledge is possible, and how moral judgments motivate people. Influential normative theories are consequentialism, deontology, and virtue ethics. According to consequentialists, an act is right if it leads to the best consequences. Deontologists focus on acts themselves, saying that they must adhere to Duty, duties, like t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Philosophy Of Law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a legislature, resulting in statutes; by the executive through decrees and regulations; or by judges' decisions, which form precedent in common law jurisdictions. An autocrat may exercise those functions within their realm. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and also serves as a mediator of relations between people. Legal systems vary between jurisdictions, with their differences analysed in comparative law. In civil law jurisdictions, a legislature or other central body codifies and consolidates the law. In common law systems, judges ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mens Rea
In criminal law, (; Law Latin for "guilty mind") is the mental state of a defendant who is accused of committing a crime. In common law jurisdictions, most crimes require proof both of ''mens rea'' and '' actus reus'' ("guilty act") before the defendant can be found guilty. Introduction The standard common law test of criminal liability is expressed in the Latin phrase ,1 Subst. Crim. L. § 5.1(a) (3d ed.) i.e. "the act is not culpable unless the mind is guilty". As a general rule, someone who acted without mental fault is not liable in criminal law.". . . a person is not guilty of an offense unless he acted purposely, knowingly, recklessly or negligently, as the law may require, with respect to each material element of the offense." Model Penal Code § 2.02(1) Exceptions are known as strict liability crimes.21 Am. Jur. 2d Criminal Law § 127 Moreover, when a person intends a harm, but as a result of bad aim or other cause the intent is transferred from an intended victi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Actus Reus
In criminal law, ''actus reus'' (; : ''actus rei''), Latin for "guilty act", is one of the elements normally required to prove commission of a crime in common law jurisdictions, the other being ("guilty mind"). In the United States, it is sometimes called the '' external element'' or the ''objective element'' of a crime. Etymology The terms ''actus reus'' and ''mens rea'' developed in English Law are derived from a principle stated by Edward Coke, namely, ''actus non facit reum nisi mens sit rea'', which means: "an act does not make a person guilty unless (their) mind is also guilty"; hence, the general test of guilt is one that requires proof of fault, culpability or blameworthiness both in thought and action. Act In order for an ''actus reus'' to be committed there has to have been an act. Various common law jurisdictions define act differently but generally, an act is a "bodily movement whether voluntary or involuntary." In '' Robinson v. California'', , the U.S. Supreme C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Principle Of Legality In Criminal Law
The principle of legality in criminal law was developed in the eighteenth century by the Italian criminal lawyer Cesare Beccaria and holds that no one can be convicted of a crime without a previously published legal text which clearly describes the crime (). 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'". By country Brazil In Brazil, the Principle of legality () is enshrined in the Constitution in Article 5, paragraph 2, which states that "No one shall be compelled to do or refrain from doing anything except by law". Canada In Canada, the principle of legality in penal law is found in Article 9 of the Canadian Criminal Code which declares that criminal infractions must fall under Canadian law, and that no one may be found guilty of a criminal infraction under common law. The principle of legalit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
