Criminal Procedure Code at French Guiana (France)
French Guiana, as an overseas department of France, adheres to the French Code of Criminal Procedure (Code de procédure pénale), which governs criminal legal proceedings throughout mainland France and its overseas territories.
Overview of the French Code of Criminal Procedure
The French Code of Criminal Procedure, established by Law No. 57-1426 on December 31, 1957, and consolidated as of March 2, 2015, serves as the primary legal framework for criminal justice in France, including French Guiana. It outlines the procedures for criminal investigations, trials, and penalties. The code has undergone numerous amendments to address evolving legal standards and societal needs. (French code of criminal procedure)
Key Features of the Code
Investigation and Prosecution: The code delineates the roles of police, judicial police officers, and public prosecutors in investigating crimes and initiating prosecutions. It specifies the procedures for detaining suspects, conducting searches, and gathering evidence.
Trial Process: It establishes the structure of criminal courts, including police courts for minor infractions, correctional courts for offenses, and assize courts for serious crimes. The code also outlines the rights of defendants, including the right to a fair trial and legal representation. (Security forces and justice - explanatory file)
Appeals and Cassation: Provisions are made for appealing decisions to higher courts and for seeking cassation (review) by the Court of Cassation in cases of legal error.
Penalties and Enforcement: The code specifies the types of penalties that can be imposed, such as fines, imprisonment, and community service, and outlines the procedures for enforcing these penalties.
Application in French Guiana
As an integral part of France, French Guiana is subject to the same legal framework, including the Code of Criminal Procedure. The application of the code in French Guiana is consistent with its application in mainland France, with adaptations made as necessary to accommodate local circumstances. For instance, the Court of Appeal of Fort-de-France, located in Martinique, has jurisdiction over certain matters pertaining to French Guiana. (Machine Translation of "Law No. 2004-204 Of 9 March 2004 Adapting The Justice To Developments In Crime" (France))
Accessing the Code
The consolidated version of the French Code of Criminal Procedure as of March 2, 2015, is available on the WIPO Lex database: (Criminal Procedure Code (consolidated as of March 2, 2015), France, WIPO Lex). This resource provides the full text of the code, including its amendments, in French. (Criminal Procedure Code (consolidated as of March 2, 2015), France, WIPO Lex)
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