Judgments towards legislative values

The French Penal Code of 1994 was Amended on the 1st of January, 1999, and was translated by Edward A. Tomlinson; with an introduction. The most recent translation at the Library is The French Code of Criminal Procedure, translated by Gerald L. Kock and Richard S. Frase; with an introduction by Richard S. Frase. Rev. ed. (Littleton, Colo. : F. B. Rothman, 1988). KJV 8412 . 41957 . A52 1988. See also Comparative Criminal Procedure” (KJC 9405 . C66x 1996)”

Certain important provisions have been established regarding the rule of law that can be applied after duly being promulgated and officially published. Thus there is no risk of any secret laws being enacted to give authorization for the enforcement of their application prior to the laws being enacted. While the laws restricts judges from refusing to impart justice on the grounds of its insufficiency, it encourages them to interpret the law from its existing formats. However, at the same time it also prohibits the judges from passing generalized judgments towards legislative values.

While the French laws edict the supremacy of the husband with regard to all family matters consisting of the wife and children, it extends liberal basic freedom in allowing marriages to be annulled with ease, and by mutual consent even easier. Civil claims are considered as parts of criminal prosecutions for causes of damage whether bodily, materialistic or moral with victims being able to claim compensation from perpetrators. Articles 496 and 497 of the Code of Criminal Procedure describe the rulings of the appeals of court in misdemeanour matters. “Article 496: Judgments made in misdemeanour matters may be challenged by appeal.

The appeal is brought before the appeal court. (Act no. 83-608 of 8 July 1983 art. 8 Official Journal of 9 July 1983 in force 1 September 1983) The right to appeal belongs to: 1 the defendant; 2 the person liable under civil law but in respect of civil claims only; 3 the civil party, in respect of his civil claims only; 4 the district prosecutor; 5 governmental agencies, in cases where they have prosecuted; 6 the prosecutor general attached to the appeal court. ” (See Appendix A) In the Administrative Courts known as the “Conseil d’Etat”, proceedings in litigation are more inquisitions and conducted in writing.

These proceeding involve the plaintiff, the court and the concerned administrations or public services to correspond with each other through a written format till the case reaches a point to warrant a lawsuit in a court. The concerned parties in such cases are not required to make personal court appearance as the methods adopted in these courts are for the most parts, consistent of formal procedures and technicalities. On the other hand, cases in the French courts are based on proceedings that are dependent on the principle of oral hearings by the trial judge and from the key witnesses to the cases.

Court Systems Structuring The French Court system is divided in the following two bodies: 1. At the top of the judiciary courts is the Cour de Cassation or the Supreme Court of Appeals and 80 judges for this court are appointed by the President of France. There are a further 35 courts of appeals, 181 tribunaux de grande instance, and 478 tribunaux d’instance. 2. At the top of the Administrative Courts is the Council of State or Conseild’Etat, and there are 8 cours administratives d’appek with another 36 tribunaux administratifs

Cases and Appeals Articles 712-11 and 712-12 of the Code of Criminal Procedure provide some information about the procedures practiced in the case of appeals. “Article 712-11 Decisions of the penalty enforcement judge and the penalty enforcement court may be challenged by means of an appeal by the convicted person, the district prosecutor or the prosecutor general, within: 1° twenty-four hours for the rulings mentioned in articles 712-5 and 712-8; 2° ten days in the case of the judgments mentioned in articles 712-6 and 712-7.

Article 712-12 Appeals against the orders mentioned in articles 712-5 and 712-8 are brought before the president of the penalty enforcement chamber of the appeal court, who rules by means of a reasoned decision after considering the written observations of the public prosecutor's office and of the convicted person or his advocate. ” (See Appendix A)