Criminal Procedure Code at Finland
France's criminal procedure is governed by the Code de procédure pénale (Code of Criminal Procedure), which outlines the legal framework for criminal investigations, trials, and enforcement of sentences. The current version is consolidated as of March 2, 2015, and is available in both French and English translations. (Criminal Procedure Code (consolidated as of March 2, 2015), France, WIPO Lex)
📘 Overview of the French Code of Criminal Procedure
The Code is structured into several books, each addressing different aspects of criminal proceedings:
Book I: Prosecution and Investigation
This section details the roles of police and judicial authorities in investigating crimes, conducting inquiries, and gathering evidence.
Book II: Trial Jurisdictions
It specifies procedures for various courts, including the assize court for serious crimes and correctional courts for lesser offenses.
Book III: Extraordinary Recourse
This part covers mechanisms for challenging judgments, such as appeals and requests for review.
Book IV: Particular Proceedings
Addresses specific cases like trials in absentia, offenses committed abroad, and proceedings related to economic and financial crimes.
Book V: Execution of Sentences
Outlines the enforcement of penalties, including detention, parole, and rehabilitation measures.
⚖️ Fundamental Principles
The Code emphasizes several key principles to ensure fairness and justice in criminal proceedings:
Presumption of Innocence: Every person is presumed innocent until proven guilty. (Article préliminaire of the French Code of Criminal Procedure - French Business Law)
Right to Information and Defence: Accused individuals have the right to be informed of the charges against them and to be assisted by legal counsel. (Article préliminaire of the French Code of Criminal Procedure - French Business Law)
Right to Interpretation and Translation: If an individual does not understand French, they are entitled to interpretation and translation services to ensure a fair trial. (Article préliminaire of the French Code of Criminal Procedure - French Business Law)
Proportionality of Coercive Measures: Any restrictive measures must be proportionate to the offense and not infringe upon the dignity of the person. (Article préliminaire of the French Code of Criminal Procedure - French Business Law)
Separation of Powers: There must be a clear distinction between the authorities responsible for prosecution and those responsible for adjudication. (Criminal Procedure Code of the French Republic (2000, as amended 2006) (excerpts related to Fair Trial (Right to a)) (English) | LEGISLATIONLINE)
📄 Accessing the Code
WIPO Lex: The World Intellectual Property Organization provides the consolidated French version of the Code, which can be accessed here:
👉 French Code of Criminal Procedure (consolidated as of March 2, 2015)
English Translation: An English translation of the Code is available through the National Criminal Justice Reference Service (NCJRS):
👉 French Code of Criminal Procedure, Revised Edition (French Code of Criminal Procedure, Revised Edition | Office of Justice Programs)
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