The state development of France is based on a stable legal system. The constitutions of 1940 and 1958 defined the basis of the competences and interaction of the existing branches of government. The judicial system of France, in short, allows the state to ensure that citizens realize their freedoms and rights. It acts as one of the fundamental elements of the state.
The judicial system of France: the scheme
The structure of this branch of government includes three key links:
- Cassation authority. It is considered one of the oldest structures.
- Courts of Appeal. Their jurisdiction covers the departments and overseas regions.
- Courts of first instance.
Cassation
Этот суд возглавляет всю систему.The cassation existed even in the epoch preceding the revolution of 1789. The court received its current name in 1790. The organ is located in Paris. In its composition there are 5 chambers that consider civil cases, and one for the criminal. The structure of the cassation is determined in decrees 1982-1983. In accordance with their provisions, in court are present:
- First Chairman.
- 84 court members. They are called advisors.
- 6 chairmen of the chambers.
- 36 advisors, speakers of different categories.
- Attorney General at the cassation.
- One first and 19 ordinary attorneys general. They all act not as representatives of the parties, but as assistants of the public prosecutor.
- Auditors.
Competence
Кассация рассматривает жалобы на постановления, adopted by subordinate bodies, which usually (but not necessarily) have the parties exhausted all the possibilities of challenging on appeal. In this case, the statements are dealt with only on matters relating to law, and not fact. A complaint can be filed for incorrect application of the law and violation of procedural provisions. Criminal proceedings are reviewed on newly discovered facts with regard to the sentences that have entered into force. However, the trial is allowed only in favor of convicts. This excludes challenging acquittal decisions, except by the subject who was brought in as an accused.
Adoption of acts
Ordinances of the cassation are issued by either one of the chambers,or a mixed board of three representatives. The decision can be made by the plenum. It includes the first chairman, chairmen, and doyens (elders) of the chambers, as well as two representatives of a different category from each of them.
Courts of Appeal
On the continent there are 30 of them.The jurisdiction of each court covers several departments (2-4). In overseas territories there are 5 bodies. Having considered the complaint on criminal proceedings, the Chamber either leaves the sentence unchanged, or cancels it. However, she usually makes a new decision herself. Only in some cases, the chamber sends the materials for a new consideration to the lower body. Each court has one or more chambers with one chairman and two members of the court. These structures act as a control body. They monitor the preliminary investigation (the conclusion of the accused). Cameras act as a body of direct trial. Chambers on civil proceedings deal with complaints on decisions adopted not only by the structures of general jurisdiction, but also by other tribunals (including trade ones).
Subordinate bodies
This link includes:
- Tribunals of large and small processes. They consider civil matters.
- Jury trials, police and correctional tribunals. Their competence includes cases related to the violation of the Criminal Code.
The word "tribunal" does not indicate the extraordinary nature of the organs. This term indicates a more limited scope of competence compared to other structures.
Tribunals
The judicial system of France включает 181 трибунал большого процесса.After the 1983 reform, at least one of them is present in every department of the state (there are 96). The composition of these bodies includes the chairmen and a different number of officials directly leading the proceedings. The jurisdiction of the tribunal on a large process is the consideration of property civil cases with a claim price of more than 30 thousand francs. In addition, they are authorized to try a large number of disputes of certain categories. In particular, these are matters related to real estate and citizenship, divorce proceedings, adoption and so on. After the reform of 1983, there are 470 small-scale tribunals in the country, established instead of the magistrates. They were introduced back in 1958. Tribunals are located in the main cities in all departments and districts. Small court deals with certain types of cases. These include, among other things, property disputes with a claim price of up to 30 thousand francs. The judicial system of France does not provide for appeal decisions in cases with amounts up to 13 thousand
Collegial bodies
These include jury trials.In their exclusive competence related proceedings for serious crimes. Courts sit in Paris and in all departments, having the appropriate names. Each body has two professional officials headed by a chairman. He is a member of the Court of Appeal. 9 assessors are called upon to fulfill their duties in accordance with the departmental list of voters after selection by the commissions by lot. Decisions are made by majority. At the same time, an unfavorable ruling for the accused, including a refusal to recognize the extenuating circumstances, must be made with at least 8 people out of 12 participants in the discussion. Convictions by assessors are considered final. Jury of appeal missing. An acquittal cannot be challenged by the prosecution and in the appeal.
Correctional Tribunals
These bodies handle criminal cases. The term "corrective" is due to the fact that Penal Code of France in article 1 he calls the punishment foroffense. Cases in these bodies are dealt with collectively. A trial is handled by three judges. Cases of some categories can be dealt with individually. These include traffic violations, fishing and hunting rules, other misdemeanors, the punishment for which provides Penal Code of France.
Police Tribunals
They handle criminal cases in whichThe maximum penalty is a fine of up to 10 thousand francs, or, in some cases, an arrest of 1-60 days. The term "police officer" is also based on the name of the sanctions provided for in the Criminal Code for certain types of misconduct. The cases are considered by the judges of the small process tribunals alone.
Special organs
The general structure of institutions authorized to hear different cases is provided for. specialized courts. Some of them are juvenile institutions. Other specialized courts consider specific groups of cases:
- Trade Tribunals.
- Social Security Commissions.
- Tribunals for matters related to maritime trade.
- Councils prjudomov.
- Parity tribunals for the lease of land, etc.
Наибольшее значение из указанных учреждений имеют tips prjudomov and trading tribunals. The latter number 227. There are three judges in their composition. These officials deal with disputes arising between the parties to any trade agreements, members of partnerships, cases involving the obligations of entrepreneurs, bankers related to the liquidation of organizations, etc. The councils of prüdoms - impeccably honest people - serve to reconcile or resolve conflicts relating to execution, execution, termination of employment contracts. In 1985, the High Council was established - a consultative institution under the Ministries of Labor and Justice.
The sun
Special role the judicial system of France assigns to an institution whose competence istrial of cases on charges of the head of state for treason, ministers of grave crimes and delicts in the performance of their duties. This body is formed from an equal number of members of both parliamentary chambers. Thus, it consists of 12 officials and six deputies. Investigation of these charges and bringing the highest persons of the state to court is carried out exclusively in accordance with the decision taken by both parliamentary chambers.
Additionally
The judicial system of France from 1953 to 1981 included an emergencyinstitution that dealt with crimes against the external and internal security of the country. Currently, they are within the competence of the bodies of general jurisdiction. The accused may contact the counsel for help in the case. Until 1971, legal professions differed in the country, respectively, was different lawyer fees. Currently, they all merged into onegeneral category of advocates. Accordingly, in general, the average cost of lawyer services for the same category of cases is the same. The rate of junior lawyers is about 150 euros / hour, a defender with 2 years of experience - 200-250 euros / hour.
