|
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'' (seated magistrates). 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] |
Statute
A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed will of a legislative body, whether that be on the behalf of a country, state or province, county, municipality, or so on. Depending on the legal system, a statute may also be referred to as an "act." Etymology The word appears in use in English as early as the 14th century. "Statute" and earlier English spellings were derived from the Old French words ''statut'', ''estatut'', ''estatu,'' meaning "(royal) promulgation, (legal) statute." These terms were in turn derived from the Late Latin ''statutum,'' meaning "a law, decree." 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, whi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Audit (France)
The ''Cour des Comptes'' (, "Court of Accounts") is France's supreme audit institution, under French law an judiciary of France#Administrative, administrative court. As such, it is Independent judiciary, independent from the Legislature, legislative and Executive (government), 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 Exchequer of Pleas, court of exchequer, comptroller general's office, and Comptroller and Auditor General, 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 (France), Court of Auditors of Paris, permanently established in the early ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 clause 29 (as currently in force) * Habeas Co ... [...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] |
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 judgment.") 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 ordinari ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Enforcement In France
Law enforcement in France is centralized at the national level. Recently, legislation has allowed local governments to hire their own police officers which are called the ''Municipal Police (France), police municipale''. There are two national police forces called "''National Police (France), Police nationale'' and "''National Gendarmerie, Gendarmerie nationale''. The Prefecture of Police of Paris provides policing services directly to Paris as a subdivision of France's Minister of the Interior (France), Ministry of the Interior. Within these national forces, only certain designated police officers have the power to conduct criminal investigations which are supervised by Inquisitorial system, investigative magistrates. History Law enforcement has a long history dating back to AD 570 when watchman (law enforcement), night watch systems were commonplace.Dammer, H. R. and Albanese, J. S. (2014). ''Comparative Criminal Justice Systems'' (5th ed.). Wadesworth Cengage learning: Bel ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 members. Human social structures are complex and highly cooperative, featuring the specialization of labor via social roles. Societies construct roles and other patterns of behavior by deeming certain actions or concepts acceptable or unacceptable—these expectations around behavior within a given society are known as societal norms. So far as it is collaborative, a society can enable its members to benefit in ways that would otherwise be difficult on an individual basis. Societies vary based 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 law, criminal trial court with original jurisdiction, original and Appellate jurisdiction, appellate limited jurisdiction to hear cases involving defendants accused of felonies, meaning crimes as defined in French language, French law. It is the only French court that uses a jury trial. Justiciable matters Under French criminal law, the definition of a is limited to any criminal act punishable by over ten 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 Capital_punishment_in_France#Abolition_process_in_1981, 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 gu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal (France)
In France, a ''cour d'appel'' (; court of appeal) of the ''ordre judiciaire'' (judiciary) is a ''juridiction de droit commun du second degré'', an appellate court of general jurisdiction. It reviews the judgments of a ''tribunal judiciaire''. When one of the parties is not satisfied with the trial court's judgment, the party can file an appeal. While decisions of a court of first instance are termed "jugements" in French, a court of appeal hands down an ''arrêt'' (decision on appeal), which may either affirm or reverse the judgment of the court below. An ''arrêt'' (judgment) of the court of appeal may be further appealed ''en cassation''. If the appeal is admissible at the ''cour de cassation'', that court does not re-judge the facts of the matter a third time, but may investigate and verify whether the rules of law were properly applied by the lower courts. French territories currently contain 36 courts of appeal, six of which are overseas, and a ''tribunal supérieur d'appel'' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 (administrative division), 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'' m ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Attorney-General
In most common law jurisdictions, the attorney general (: attorneys general) or attorney-general (AG or Atty.-Gen) is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law enforcement and 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 in some other countries. T ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
