By Catherine Elliott
This e-book presents a transparent and available account and research of French felony legislations in English, the 1st to were written.
French felony legislation has been hugely influential within the improvement of felony legislations in civil legislations nations worldwide, and a data of French legal legislations has turn into more and more vital in view of the internationalisation and Europeanisation of felony legislations.
The publication presents a historic creation to the improvement of French felony legislations, and a bankruptcy on French legal method to supply the context for an knowing of major legal legislation. next chapters hide the overall ideas of French felony legislations, analysing actus reus, mens rea, events to crime, inchoate offences and common defences. the most important offences are then thought of bankruptcy by means of bankruptcy, and an Appendix presents in either French and English the foremost provisions of the French felony Code.
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Example text
The latter are authorised by the Prime Minister and controlled by a national Commission for security interceptions. These have been the subject of some controversy as it appears Mitterrand ordered the telephones of his political rivals to be intercepted. Here we are concerned with telephone tapping carried out during a judicial investigation. In the past there was no legislation controlling this activity, but the Act of 10 July 1991 now regulates this important 89 90 91 Art. 144 to 148 of the Code of Criminal Procedure.
77 The judicial investigation seeks to build on the work undertaken during the police investigation, in an effort to discover the truth and determine whether the case should be referred for trial. It is compulsory in relation to serious offences78 and discretionary for all other offences. In practice it is only used in about 10 per cent of all cases, and only very exceptionally for minor offences. For a major offence, a Public Prosecutor will tend to request a judicial investigation where particular measures purely open to the investigating judge prove to be indispensable.
57 of the Code of Criminal Procedure. Art. 54 and 56 of the Code of Criminal Procedure. Art. 56 of the Code of Criminal Procedure. Art. 56–1 of the Code of Criminal Procedure, inserted by art. 45 of the Act of 15 June 2000. Art. 56 of the Code of Criminal Procedure. Art. 59 of the Code of Criminal Procedure. Art. 78 of the Code of Criminal Procedure. Art. 77 of the Code of Criminal Procedure. 37 Police custody The placing of a person in police custody is considered a vital part of the criminal process, providing an opportunity to interrogate a suspect, while preventing them from being able to communicate with members of the public, particularly possible accomplices.