Criminal Law

Criminal law is a fundamental branch of the French legal system, dealing with offenses and their penalties. Its purpose is to protect society and punish perpetrators of wrongful acts while ensuring the rights of the accused. Understanding the general principles of criminal procedure is essential for anyone involved in a criminal case, whether as a victim or as an accused person.

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Criminal proceedings generally begin with the filing of a complaint or a report to the competent authorities. An investigation is then initiated, conducted by the judicial police under the supervision of the public prosecutor. During this phase, evidence is collected, witnesses are interviewed, and technical investigations may be carried out. It is important to note that any accused person is presumed innocent until their guilt is established by a court.

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If the evidence gathered is sufficient, the prosecutor may decide to proceed with the case. Several options are available: they can dismiss the case, propose an alternative to prosecution (such as criminal mediation or a formal warning), or initiate proceedings before the competent court. In more complex or serious cases, an investigation may be opened and entrusted to an investigating judge who will conduct in-depth inquiries.

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The lawyer's role is crucial at every stage of criminal proceedings. For the accused, the lawyer ensures their defense, safeguards their rights, and provides assistance during interrogations and hearings. They can request additional investigative measures, challenge certain decisions, and advocate for their client in court. For the victim, the lawyer supports them in their legal steps, helps them file as a civil party if they wish, and defends their interests throughout the proceedings.

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During the trial, whether before the Criminal Court for misdemeanors or the Assize Court for felonies, the proceedings are adversarial. Each party has the opportunity to speak, present their arguments, and challenge those of the opposing side. The public prosecutor, representing society, requests a sentence, while the defense argues for acquittal or a more lenient penalty. The court then delivers its judgment, which can, in most cases, be appealed.

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It is important to emphasize that criminal proceedings are governed by strict rules designed to ensure a fair trial. The rights of the defense, the principle of adversarial proceedings, and the right to a trial within a reasonable timeframe are fundamental pillars of our judicial system. The lawyer meticulously ensures that these principles are upheld throughout the proceedings.

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Whether you are a victim or a defendant in a criminal case, it is crucial to understand the stakes of the proceedings and to have the assistance of a specialized lawyer. They will guide you through the complexities of the process, defend your interests, and ensure that your rights are fully respected at every stage of the judicial process.