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Police Tribunal (France)
A police tribunal is a criminal jurisdiction which judges all classes of contraventions committed by adults. More serious offenses (''infractions'') are judged by a ''tribunal correctionnel'', correctional tribunal, when they are '' délits'' or misdemeanors, or by a ''cour d'assises'' (for a ''crime'', analogous to a felony). Composition The police tribunal sits at the ''tribunal d'instance In France, the ''Tribunal d'instance'' (literally "Court of First Instance") is a judicial lower court of record of first instance for general civil suits and includes a criminal division, the Police Court (''tribunal de police''), which hears case ...'' and is composed of a '' juge d'instance'' and a '' greffier,'' or court clerk. The '' ministère public'' is represented by the ''procureur de la République'' or one of his representatives, known as ''substituts'' (substitutes) if the offense is a fifth-degree contravention. Jurisdiction ''Jurisdiction of subject (ratione materiæ)'' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contravention
In many civil law countries (e.g.: France, Belgium, Switzerland, Portugal, Italy, Brazil) a contravention is a non-criminal offense, similar to an infraction or civil penalty in common law countries. France Contravention is, in French law, an act which violates the law, a treaty or an agreement which the party has made. It designates a minor infraction, as opposed to a '' délit'' or misdemeanor, or a '' crime'' (felony). Any infraction of a law or regulation enforced by the agents of the State executive, that is not punishable by more than a €3000 fine for a person, is considered as a contravention. The fine may also be accompanied by an additional sentence (peine complémentaire). Competence Contraventions and their penalties are determined by the executive organs of the French State, unlike délits and crimes which are determined by the legislative organs (Parliament Senate), as per Article 34 of the French Constitution of 1958. The executive organs include: *The Pr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Misdemeanor
A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than administrative infractions (also known as minor, petty, or summary offences) and regulatory offences. Typically, misdemeanors are punished with monetary fines or community service. Distinction between felonies and misdemeanors A misdemeanor is considered a crime of lesser seriousness, and a felony one of greater seriousness. The maximum punishment for a misdemeanor is less than that for a felony under the principle that the punishment should fit the crime. One standard for measurement is the degree to which a crime affects others or society. Measurements of the degree of seriousness of a crime have been developed. In the United States, the federal government generally considers a crime punishable with incarceration for not more than o ... [...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 sentence ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tribunal D'instance
In France, the ''Tribunal d'instance'' (literally "Court of First Instance") is a judicial lower court of record of first instance for general civil suits and includes a criminal division, the Police Court (''tribunal de police''), which hears cases of misdemeanors or summary offences (''contraventions''). Since it has original jurisdiction, the Court's rulings may be appealed to a French appellate court or Supreme Court. The court was formerly known as a Justice of the Peace Court (''justice de paix'') until the judicial restructuring of 1958. In the Court, proceedings are conducted based on oral testimony and arguments, and, unlike in higher courts, legal counsel is not mandatory. Other judicial courts of original jurisdiction are: *Magistrate courts (''juge de proximité'') - for small claims and petty misdemeanors (since 1 July 2017 these claims now fall under the jurisdiction of the tribunal d'instance) *High courts (''tribunal de grande instance'') - handles complex suits and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judge
A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility and arguments of the parties, and then issues a ruling in the case based on their interpretation of the law and their own personal judgment. A judge is expected to conduct the trial impartially and, typically, in an open court. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. In some jurisdictions, the judge's powers may be shared with a jury. In inquisitorial systems of criminal investigation, a judge might also be an examining magistrate. The presiding judge ensures that all court proceedings are lawful and orderly. Powers and functions The ultimate task of a judge is to settle a legal dispute in a final and publicly lawful manner in agreement with substantia ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Clerk
A court clerk (British English: clerk to the court or clerk of the court ; American English: clerk of the court or clerk of court ) is an officer of the court whose responsibilities include maintaining records of a court, administer oaths to witnesses, jurors, and grand jurors as well as performing some quasi- secretarial duties. United Kingdom England and Wales In the magistrates' courts of England and Wales, where the bench will usually have no legal qualifications, the justices' clerk will be legally qualified. The magistrates decide on the facts at issue; the clerk advises them on the law relating to the case. Scotland Clerks of court can be found at every level of the Courts of Scotland, with a legally qualified clerk acting as legal adviser to justices of the peace in justice of the peace courts. In the sheriff courts the clerk is known as a sheriff clerk, and the sheriff clerks are responsible for the administration and running of all cases in the court. Clerks als ... [...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] |
Courts In France
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court. The system of courts that interprets and applies the law is collectively known as the judiciary. The place where a court sits is known as a venue. The room where court proceedings occur is known as a courtroom, and the building as a courthouse; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given to the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jurisdiction
Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. Jurisdiction draws its substance from international law, conflict of laws, constitutional law, and the powers of the executive and legislative branches of government to allocate resources to best serve the needs of society. International dimension Generally, international laws and treaties provide agreements which nations agree to be bound to. Such agreements are not always established or maintained. The exercise of extraterritorial jurisdiction by three principles outlined in the UN charter. These are equality of states, territorial sovereignty and non-intervention. This raises the question of when can many states prescribe or enforce jurisdiction. The ''Lotus'' case establishes two key rules to the prescription and enforcement of jur ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Penal System In France
Penal is a town in south Trinidad, Trinidad and Tobago. It lies south of San Fernando, Princes Town, and Debe, and north of Moruga, Morne Diablo and Siparia. It was originally a rice- and cocoa-producing area but is now a rapidly expanding and developing town. The population is 12,281. The heart of Penal contains many businesses while the outskirts focus on agricultural development. Penal has a market, police station, branches of three banks ( Scotiabank, Republic Bank and First Citizens Bank) health facilities, grocery stores, convenience stores, bars, fast food restaurants, service stations, restaurants, puja stores, an Indian expo, and clothing stores. Penal plays a major role in the energy supply to the nation's populace. Petrotrin, the national oil company, has a major sub-unit in Clarke Road and the National Gas Company has gas lines running through Penal that links the gas fields of the South East Coast and the industrial estates. One of the countries three major power gen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
