Ministère Public (France)
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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' ...
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Statute
A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by legislative bodies; they are distinguished from case law or precedent, which is decided by courts, and regulations issued by government agencies. Publication and organization In virtually all countries, newly enacted statutes are published and distributed so that everyone can look up the statutory law. This can be done in the form of a government gazette which may include other kinds of legal notices released by the government, or in the form of a series of books whose content is limited to legislative acts. In either form, statutes are traditionally published in chronological order based on date of enactment. A universal problem encountered by lawmakers throughout human history is how to organize published statutes. Such publications h ...
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Court Of Audit (France)
The ''Cour des Comptes'' ("Court of Accounts") is France's supreme audit institution, under French law an administrative court. As such, it is independent from the legislative and executive branches of the French Government. However, the 1946 and 1958 French constitutions made it the Court's duty to assist the Cabinet and Parliament in regulating government spending. The Court thus combines functions of a court of exchequer, comptroller general's office, and auditor general's office in common-law countries. It is also a Grand Corps of the French State and mainly recruits among the best-ranked students graduating from the Ecole nationale d'administration. The Court traces its origins back to the Middle Ages and views itself as succeeding the Court of Auditors of Paris, permanently established in the early 14th century. It was re-established in 1807 by Napoleon. Its three duties are to conduct financial audits of accounts, conduct good governance audits, and provide information ...
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Article 5 Of The European Convention On Human Rights
Article 5 of the European Convention on Human Rights (Art.5 ECHR for short) provides that everyone has the right to liberty and security of person. Liberty and security of the person are taken as a "compound" concept - security of the person has not been subject to separate interpretation by the Court. . History Article 5 provides the right to liberty and security, subject only to lawful arrest or detention under certain other circumstances, such as arrest on suspicion of a crime or imprisonment in fulfilment of a sentence. The article also provides the right to be informed in a language one understands of the reasons for the arrest and any charge against them, the right of prompt access to judicial proceedings to determine the legality of one's arrest or detention and to trial within a reasonable time or release pending trial, and the right to compensation in the case of arrest or detention in violation of this article. * Magna Carta *Habeas Corpus Act 1679 *'' Entick v. Carringt ...
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European Court Of Human Rights
The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. 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 European Convention on Human Rights is also referred to by the initials "ECHR". The court is based in Strasbourg, France. 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 46 member states are contracting parties to the convention. Russia, having been expelled from the Council of Europe as of 16 March 2022, ceased to be a party to the convention with effect from 1 ...
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Maîtres Des Requêtes
A Master of Requests () is a counsel of the French ''Conseil d'État'' (Council of State), a high-level judicial officer of administrative law in France. The office has existed in one form or another since the Middle Ages. The occupational title derives from two words. In jurisprudence and administration, the French term ''maître'' is an honorific for a barrister (a lawyer who acts in proceedings before a court of law), and ''requêtes'' are " appeals" or "petitions". (The legal term ''une requête civile'' is "a petition to an appellate court against a judgement.") Ancien Régime France The Masters of Requests (Counsels of State), more fully ''maîtres des requêtes ordinaires de l'hôtel du Roi'', were originally, during the Middle Ages, judges of a council convened to examine petitions laid by commoners before the Royal Household (''hôtel du roi''). A number of traditions from this time survived until the 18th century, such as the King's accompaniment by two Masters or ...
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Law Enforcement In France
Law enforcement in France has a long history dating back to AD 570 when night watch systems were commonplace.Dammer, H. R. and Albanese, J. S. (2014). ''Comparative Criminal Justice Systems'' (5th ed.). Wadesworth Cengage learning: Belmont, CA. Policing is centralized at the national level. Recently, legislation has allowed local governments to hire their own police officers which are called the "'' police municipale''. There are two national police forces called "''Police nationale'' and "''Gendarmerie nationale''. The Prefecture of Police of Paris provides policing services directly to Paris as a subdivision of France's Ministry of the Interior. Within these national forces, only certain designated police officers have the power to conduct criminal investigations which are supervised by investigative magistrates. Organizations National agencies France has two national police forces: * The ''Police nationale'', formerly called the "''Sûreté''", is considered a civili ...
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Society
A society is a group of individuals involved in persistent social interaction, or a large social group sharing the same spatial or social territory, typically subject to the same political authority and dominant cultural expectations. Societies are characterized by patterns of relationships (social relations) between individuals who share a distinctive culture and institutions; a given society may be described as the sum total of such relationships among its constituent of members. In the social sciences, a larger society often exhibits stratification or dominance patterns in subgroups. Societies construct patterns of behavior by deeming certain actions or concepts as acceptable or unacceptable. These patterns of behavior within a given society are known as societal norms. Societies, and their norms, undergo gradual and perpetual changes. Insofar as it is collaborative, a society can enable its members to benefit in ways that would otherwise be difficult on an individua ...
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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 ...
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Commissaire De Police
''Commissaire de police'' is a rank or group of ranks in the French National Police. It should not be confused with the French appointment of "armed forces commissary" (''commissaire des armées'') which is an administrative military position. Overview Every commune with a population of more than 30,000-50,000 has a ''commissaire'' in charge of its detachment of the National Police, and larger communes have more than one (the Prefecture of Police of Paris has well over one hundred). A ''commissaire'' has both an administrative role and an investigative role. In most circumstances, a ''commissaire'' is responsible for leading a police station. Most officers join directly at the rank of ''commissaire''. All are university graduates, usually in law, and have completed a further training course. It is also possible for junior officers to be promoted to the rank (something which was virtually impossible until relatively recently). A ''commissaire'' may be promoted to ''commissaire di ...
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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)'' ...
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Attorney-General
In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have executive responsibility for law enforcement, prosecutions or even responsibility for legal affairs generally. In practice, the extent to which the attorney general personally provides legal advice to the government varies between jurisdictions, and even between individual office-holders within the same jurisdiction, often depending on the level and nature of the office-holder's prior legal experience. Where the attorney general has ministerial responsibility for legal affairs in general (as is the case, for example, with the United States Attorney General or the Attorney-General for Australia, and the respective attorneys general of the states in each country), the ministerial portfolio is largely equivalent to that of a Minister of Justice ...
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