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Investigating Judge (France)
In French law, the investigation phase (') in a criminal proceeding is the procedure during which an investigating judge () gathers evidence on the commission of an offense and decides whether to refer the persons charged to the trial court. The investigating judge is the first instance of investigation. In the second instance (appeals), the investigating chamber of the French courts of appeal have jurisdiction. They rule on appeals of decisions by the investigating judges and of decisions by the liberty and custody judge (). Background Inquisitorial system In an inquisitorial system, the trial judges (mostly plural in serious crimes) are inquisitors who actively participate in fact-finding public inquiry by questioning defense lawyers, prosecutors, and witnesses. They could even order certain pieces of evidence to be examined if they find presentation by the defense or prosecution to be inadequate. Prior to the case getting to trial, investigating judges participate in t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Proceeding In French Law
A public action in French law (french: action publique) is one carried out in the name of society against an by applying the French penal code. It is taken in the name of society, in that its goal is to stop a disruption of the public order, and not to abate a done to a specific person. The action is taken by the Ministère public against the authors, co-authors or accomplices of an . The term ''public action'' is defined in Article 1 of the French penal code. on Légifrance Public action put in play Subjects of a public action The active subject of a public action is usually the ministère public, a hierarchical corps of magistrates charged with carrying out these actions. Alongside them, other civil servants are, for certain infractions, empowered to begin a public action, notably for indirect taxes, bridges, roads, waters and forests. The requestor may also be the victim, if the requestor is a '' partie civile''. The passive subject is the author of the infracti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Élisabeth Guigou
Élisabeth Guigou (; born Élisabeth Vallier; 6 August 1946) is a French politician of the Socialist Party who served as a member of the National Assembly from 2002 until 2017, representing Seine-Saint-Denis' 9th constituency. Early life and career Guigou was born in Marrakesh, Morocco. After attending Sciences Po Aix and ENA, France's elite graduate school of public affairs, she worked in Jacques Delors' staff in 1982 before being hired by Hubert Védrine in François Mitterrand's government. She was appointed Secretary-General of the Interministerial Committee on European Economical Matters in 1986 during the period of cohabitation. Studies *Bachelor of English Language, Paul Valéry University, Montpellier III *Master of American Literature, Paul Valéry University, Montpellier III *Master of Political Science, Institut d'études politiques d'Aix-en-Provence *2 years university degree in Economy ( DEUG), Aix-Marseille University *Alumna of the ''École nationale d'admini ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ministry Of Justice (France)
The Ministry of Justice (french: Ministère de la Justice) is a ministerial department of the Government of France, also known in French as . It is headed by the Minister of Justice, also known as the Keeper of the Seals, a member of the Council of Ministers. The ministry's headquarters are on Place Vendôme, Paris. Organization * Minister of Justice: The current Minister of Justice is Éric Dupond-Moretti since July 2020. * The Judicial Services Directorate ( (known as DSJ) is responsible for the civil courts. The DSJ contributes to the drafting of texts and provides its opinion on laws being drafted and regulations that regards the courts. * The Civil Affairs and Seals Directorate ( (DACS) * The Criminal Matters and Pardons Directorate () (DACG) contributes to drafting criminal justice texts that lay down the rules for proceedings, judgment, and enforcement of rulings and oversees their application. * The Prison Administration Directorate a.k.a. French Prison Service ( (DAP, " ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ministère Public (France)
In French law, the ''ministère public'' or ''le parquet'' is the authority charged with defending the interests of society and of the application of law. It is primarily made up of magistrates, but is sometimes represented by other persons such as police officials. Its magistrates can be referred to as "standing" magistrates, as opposed to ''magistrats du siège'' (magistrates of the seat). Its closest equivalent in some English-speaking countries is the (office of the) director of public prosecutions and the attorney general in others. The term ''ministère public'' translates literally as "public ministry" and that institution can exercise a public action (action publique) in penal infractions that cause a disturbance of the ordre public, and can also initiate prosecutions or non-prosecutions. It can intervene in all jurisdictions of the judiciary, but has never really exercised the same role in the administrative areas, except for financial venues (''juridictions financières' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cour D'assises
In France, a ''cour d'assises'', or Court of Assizes or Assize Court, is a criminal trial court with original and appellate limited jurisdiction to hear cases involving defendants accused of felonies, meaning crimes as defined in French law. It is the only French court consisting in a jury trial. Justiciable matters Under French law, the definition of a ''crime ( m)'' is limited to any criminal act punishable by over 10 years of prison, including murder and rape. Previous death penalty application The ''cour d'assises'', uniquely outside military law, could sentence proven convicts for serious crimes, e.g. murder (''assassinat'' or ''meurtre'') to the death penalty, until it was abolished from French law in September 1981. In the sentencing phase, a qualified majority would vote on the verdict, or 2/3 of the jury, the same procedure as in rendering the guilty verdict. One of the last famous death penalty trials, that of Patrick Henry in 1977, famously ended in a life sentenc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Open Court
Open or OPEN may refer to: Music * Open (band), Australian pop/rock band * The Open (band), English indie rock band * ''Open'' (Blues Image album), 1969 * ''Open'' (Gotthard album), 1999 * ''Open'' (Cowboy Junkies album), 2001 * ''Open'' (YFriday album), 2001 * ''Open'' (Shaznay Lewis album), 2004 * ''Open'' (Jon Anderson EP), 2011 * ''Open'' (Stick Men album), 2012 * ''Open'' (The Necks album), 2013 * ''Open'', a 1967 album by Julie Driscoll, Brian Auger and the Trinity * ''Open'', a 1979 album by Steve Hillage * "Open" (Queensrÿche song) * "Open" (Mýa song) * "Open", the first song on The Cure album ''Wish'' Literature * ''Open'' (Mexican magazine), a lifestyle Mexican publication * ''Open'' (Indian magazine), an Indian weekly English language magazine featuring current affairs * ''OPEN'' (North Dakota magazine), an out-of-print magazine that was printed in the Fargo, North Dakota area of the U.S. * Open: An Autobiography, Andre Agassi's 2009 memoir Computin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Wiretap
Telephone tapping (also wire tapping or wiretapping in American English) is the monitoring of telephone and Internet-based conversations by a third party, often by covert means. The wire tap received its name because, historically, the monitoring connection was an actual electrical tap on the telephone line. Legal wiretapping by a government agency is also called lawful interception. Passive wiretapping monitors or records the traffic, while active wiretapping alters or otherwise affects it. Legal status Lawful interception is officially strictly controlled in many countries to safeguard privacy; this is the case in all liberal democracies. In theory, telephone tapping often needs to be authorized by a court, and is again in theory, normally only approved when evidence shows it is not possible to detect criminal or subversive activity in less intrusive ways. Oftentimes, the law and regulations require that the crime investigated must be at least of a certain severity. Illegal ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Expert Testimony
An expert witness, particularly in common law countries such as the United Kingdom, Australia, and the United States, is a person whose opinion by virtue of education, training, certification, skills or experience, is accepted by the judge as an expert. The judge may consider the witness's specialized (scientific, technical or other) opinion about evidence or about facts before the court within the expert's area of expertise, to be referred to as an "expert opinion". Expert witnesses may also deliver "expert evidence" within the area of their expertise. Their testimony may be rebutted by testimony from other experts or by other evidence or facts. History The forensic expert practice is an ancient profession. For example, in ancient Babylonia, midwives were used as experts in determining pregnancy, virginity and female fertility. Similarly, the Roman Empire recognized midwives, handwriting experts and land surveyors as legal experts. The codified use of expert witnesses and th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Letters Rogatory
{{Short description, Formal request by a court to a foreign court for judicial assistance Letters rogatory or letters of request are a formal request from a court to a foreign court for some type of judicial assistance. The most common remedies sought by letters rogatory are service of process and taking of evidence. Taking of evidence One reason why a court may require assistance from a foreign court is to obtain evidence from a witness. This evidence may be to answer questions relevant to the determination of an issue of fact, or for disclosure of documents. Courts usually have the power to subpoena witnesses only from within the jurisdiction of their own legislature unless they are aided by foreign judicial, or sometimes legislative, authority. For example, Alice in the United States, could not summon Jean from France to the US courthouse. Instead, the US court would issue a letter rogatory to a French court, which would then examine Jean in France, and send a deposition back t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nicolas Sarkozy
Nicolas Paul Stéphane Sarközy de Nagy-Bocsa (; ; born 28 January 1955) is a French politician who served as President of France from 2007 to 2012. Born in Paris, he is of Hungarian, Greek Jewish, and French origin. Mayor of Neuilly-sur-Seine from 1983 to 2002, he was Minister of the Budget under Prime Minister Édouard Balladur (1993–1995) during François Mitterrand's second term. During Jacques Chirac's second presidential term he served as Minister of the Interior and as Minister of Finances. He was the leader of the Union for a Popular Movement (UMP) party from 2004 to 2007. He won the 2007 French presidential election by a 53.1% to 46.9% margin against Ségolène Royal, the Socialist Party (PS) candidate. During his term, he faced the financial crisis of 2007–2008 (causing a recession, the European sovereign debt crisis), the Russo-Georgian War (for which he negotiated a ceasefire) and the Arab Spring (especially in Tunisia, Libya, and Syria). He initiated th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
False Allegation Of Child Sexual Abuse
A false allegation of child sexual abuse is an accusation against one or more individuals claiming that they committed child sexual abuse when no abuse has been committed by the accused. Such accusations can be brought by the alleged victim, or by another person on the alleged victim’s behalf. Studies on the rate of recorded child abuse allegations in the 1990s suggested that the overall rate of false accusations at that time was approximately 10%. Of the allegations determined to be false, only a small portion originated with the child, the studies showed; most false allegations originated with an adult bringing the accusations on behalf of a child, and of those, a large majority occurred in the context of divorce and child-custody battles. Another possible motive is revenge by the person making the allegation against the accused person. There is also evidence that the UK (and formerly the New Zealand) systems of paying substantial compensation to alleged victims and their pare ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
