French Criminal Law

Author : Catherine Elliott
Publisher : Routledge
Page : 255 pages
File Size : 40,9 Mb
Release : 2001-05
Category : Law
ISBN : 9781135993078

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French Criminal Law by Catherine Elliott Pdf

This book provides a clear and accessible account and analysis of French criminal law in English, the first to have been written. French criminal law has been highly influential in the development of criminal law in civil law countries around the world, and a knowledge of French criminal law has become increasingly important in view of the internationalisation and Europeanisation of criminal law. The book provides a historical introduction to the development of French criminal law, and a chapter on French criminal procedure to provide the context for an understanding of substantive criminal law. Subsequent chapters cover the general principles of French criminal law, analysing actus reus, mens rea, parties to crime, inchoate offences and general defences. The major offences are then considered chapter by chapter, and an Appendix provides in both French and English the key provisions of the French Criminal Code.

Author : James M. Donovan
Publisher : Univ of North Carolina Press
Page : 273 pages
File Size : 49,7 Mb
Release : 2010-02-01
Category : Law
ISBN : 9780807895771

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Juries and the Transformation of Criminal Justice in France in the Nineteenth and Twentieth Centuries by James M. Donovan Pdf

James Donovan takes a comprehensive approach to the history of the jury in modern France by investigating the legal, political, sociocultural, and intellectual aspects of jury trial from the Revolution through the twentieth century. He demonstrates that these juries, through their decisions, helped shape reform of the nation's criminal justice system. From their introduction in 1791 as an expression of the sovereignty of the people through the early 1900s, argues Donovan, juries often acted against the wishes of the political and judicial authorities, despite repeated governmental attempts to manipulate their composition. High acquittal rates for both political and nonpolitical crimes were in part due to juror resistance to the harsh and rigid punishments imposed by the Napoleonic Penal Code, Donovan explains. In response, legislators gradually enacted laws to lower penalties for certain crimes and to give jurors legal means to offer nuanced verdicts and to ameliorate punishments. Faced with persistently high acquittal rates, however, governments eventually took powers away from juries by withdrawing many cases from their purview and ultimately destroying the panels' independence in 1941.

Author : E. Picard,G. Bermann
Publisher : Kluwer Law International B.V.
Page : 527 pages
File Size : 48,8 Mb
Release : 2008-03-18
Category : Law
ISBN : 9789041142047

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Introduction to French Law by E. Picard,G. Bermann Pdf

Introduction to French Law is a very practical book that makes clear sense out of the complex results of the complex bodies of law that govern the most important fields of law and legal practice in France today. Seventeen chapters, each written by a distinguished French legal scholar, cover the following field in substantive and procedural detail, with lucid explanations of French law in the fields such as Constitutional Law , European Union Law, Administrative Law, Criminal Law , Property Law , Intellectual Property Law , Contract Law , Tort Liability, Family Law, Inheritance Law , Civil Procedure, Company Law, Competition Law , Labour Law , Tax Law and. Private International Law

Author : Jacqueline Hodgson
Publisher : Bloomsbury Publishing
Page : 300 pages
File Size : 49,9 Mb
Release : 2005-11-08
Category : Law
ISBN : 9781847310699

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French Criminal Justice by Jacqueline Hodgson Pdf

Basing much of its analysis upon the first systematic empirical study of the French pre-trial process, this monograph breaks new ground in the field of comparative criminal justice. Moving away from idealised accounts of judicially supervised investigations, it provides a better understanding of the ways in which an inquisitorially rooted criminal process operates in practice and the factors that influence and constrain its development and functioning. The structure and operation of French criminal justice is set within a broad range of contexts of political, occupational and legal cultures from the French Republican tradition of state-centred models of authority, across the growing influence of the ECHR, to the local conditions which determine the ways in which individual discretion is exercised. The French model of investigative supervision and accountability is contrasted with more adversarial procedures and in particular, the different ways in which the reliability of evidence is guaranteed and the interests of the accused protected. Systematic observation of the daily working practices of police, gendarmes, prosecutors and juges dinstruction across a number of sites and time periods, provides a unique and detailed account of the ways in which the French criminal process operates in practice. The understandings and insights generated from this data are then set within a wider legal and political analysis, which considers issues such as the influence and interference of the State within matters of justice; a comparative analysis of the judicial and defence functions; and the extent to which ECHR fair trial guarantees are able to produce legal and ideological change within a process which depends upon a central and judicially supervised investigating authority. An informed knowledge of other European criminal procedures is increasingly essential for those working within UK (as well as comparative) criminal justice, if there is to be a proper engagement with, and evaluation of, measures such as the EUs proposed Council Framework Decision on Certain Procedural Rights in Criminal Proceedings throughout the European Union, as well as recent legislative reform in England and Wales that seeks to adjust the pre-trial roles of police and prosecutor in significant ways. This book will be essential reading for teachers, researchers, students and policy-makers working in the areas of criminal justice in the UK and across Europe, in comparative criminal justice/criminology, as well as in French and European studies.

Author : France
Publisher : Fred B. Rothman
Page : 408 pages
File Size : 45,6 Mb
Release : 1988
Category : Law
ISBN : STANFORD:36105043993018

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The French Code of Criminal Procedure by France Pdf

This volume supersedes Volume 7 of the series.

Author : Brice Dickson
Publisher : Pitman Publishing
Page : 300 pages
File Size : 45,8 Mb
Release : 1994
Category : Law
ISBN : STANFORD:36105060931354

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Introduction to French Law by Brice Dickson Pdf

Aims to provide comprehensive coverage of the French legal system. The text is comparative in its approach to institutions and principles in English and French law and concentrates on the "law in action". The author uses analysis to highlight the differences between the two legal systems.

Author : John Bell,Sophie Boyron,Simon Whittaker
Publisher : OUP Oxford
Page : 616 pages
File Size : 52,8 Mb
Release : 2008-03-27
Category : Law
ISBN : 9780191018893

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Principles of French Law by John Bell,Sophie Boyron,Simon Whittaker Pdf

Principles of French Law offers a comprehensive introduction to French law and the French legal system in terms which a common lawyer can understand. The authors give an explanation of the institutions, rules and techniques that characterize the major branches of French law. The chapters provide the reader with a clear sense of the questions that French lawyers see as important and how they would answer them. In the ten years since the publication of the first edition, French law has changed in significant ways. European Union law and the European Convention on Human Rights have had a significant impact, especially on procedural law and family law. There has been a new Commercial Code, major legislation on divorce, succession and criminal law, as well as significant developments in the Constitution. In addition, there have been considerable developments in the case-law and a much discussed proposal for reform of major areas of the law of obligations. The chapters present not only the rules of law, but, where appropriate, the principles and values underlying the system. Considerable use is made of juristic literature and of examples from French case law. The book is designed for students studying French law at both undergraduate and postgraduate level, and as preliminary reading for students about to study in France. It will also serve as an initial point of reference for scholars embarking on a study of French law.

Author : Ronnie Bloemberg
Publisher : BRILL
Page : 554 pages
File Size : 44,5 Mb
Release : 2020-05-25
Category : Law
ISBN : 9789004415027

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The Development of the Criminal Law of Evidence in the Netherlands, France and Germany between 1750 and 1870 by Ronnie Bloemberg Pdf

This book describes and explains how the so-called system of legal proofs, which consisted of a strict set of evidentiary rules, was replaced with the free evaluation of the evidence in France, Germany and the Netherlands between 1750 and 1870.

Author : Stephen A. Toth
Publisher : Cornell University Press
Page : 280 pages
File Size : 42,7 Mb
Release : 2019-11-15
Category : History
ISBN : 9781501740190

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Mettray by Stephen A. Toth Pdf

The Mettray Penal Colony was a private reformatory without walls, established in France in 1840 for the rehabilitation of young male delinquents. Foucault linked its opening to the most significant change in the modern status of prisons and now, at last, Stephen Toth takes us behind the gates to show how the institution legitimized France's repression of criminal youth and added a unique layer to the nation's carceral system. Drawing on insights from sociology, criminology, critical theory, and social history, Stephen Toth dissects Mettray's social anatomy, exploring inmates' experiences. More than 17,000 young men passed through the reformatory before its closure, and Toth situates their struggles within changing conceptions of childhood and adolescence in modern France. Mettray demonstrates that the colony was an ill-conceived project marked by internal contradictions. Its social order was one of subjection and subversion, as officials struggled for order and inmates struggled for autonomy. Toth's formidable archival work exposes the nature of the relationships between, and among, prisoners and administrators. He explores the daily grind of existence: living conditions, discipline, labor, sex, and violence. Thus, he gives voice to the incarcerated, not simply to the incarcerators, whose ideas and agendas tend to dominate the historical record. Mettray is, above all else, a deeply personal illumination of life inside France's most venerated carceral institution.

Author : Henry Spicer
Publisher : Unknown
Page : 442 pages
File Size : 50,5 Mb
Release : 1872
Category : Crime
ISBN : STANFORD:36105044126204

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Judicial Dramas by Henry Spicer Pdf

Author : Aniceto Masferrer
Publisher : Springer
Page : 427 pages
File Size : 47,7 Mb
Release : 2018-03-09
Category : Law
ISBN : 9783319719122

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The Western Codification of Criminal Law by Aniceto Masferrer Pdf

This volume addresses an important historiographical gap by assessing the respective contributions of tradition and foreign influences to the 19th century codification of criminal law. More specifically, it focuses on the extent of French influence – among others – in European and American civil law jurisdictions. In this regard, the book seeks to dispel a number of myths concerning the French model’s actual influence on European and Latin American criminal codes. The impact of the Napoleonic criminal code on other jurisdictions was real, but the scope and extent of its influence were significantly less than has sometimes been claimed. The overemphasis on French influence on other civil law jurisdictions is partly due to a fundamental assumption that modern criminal codes constituted a break with the past. The question as to whether they truly broke with the past or were merely a degree of reform touches on a difficult issue, namely, the dichotomy between tradition and foreign influences in the codification of criminal law. Scholarship has unfairly ignored this important subject, an oversight that this book remedies.

Author : Mark Pieth,Radha Ivory
Publisher : Springer Science & Business Media
Page : 396 pages
File Size : 46,9 Mb
Release : 2011-04-20
Category : Law
ISBN : 9789400706743

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Corporate Criminal Liability by Mark Pieth,Radha Ivory Pdf

With industrialization and globalization, corporations acquired the capacity to influence social life for good or for ill. Yet, corporations are not traditional objects of criminal law. Justified by notions of personal moral guilt, criminal norms have been judged inapplicable to fictional persons, who ‘think’ and ‘act’ through human beings. The expansion of new corporate criminal liability (CCL) laws since the mid-1990s challenges this assumption. Our volume surveys current practice on CCL in 15 civil and common law jurisdictions, exploring the legal conditions for liability, the principles and options for sanctioning, and the procedures for investigating, charging and trying corporate offenders. It considers whether municipal CCL laws are converging around the notion of ‘corporate culture’, and, in any case, the implications of CCL for those charged with keeping corporations, and other legal entities, out of trouble.

Author : Great Britain: Law Commission
Publisher : The Stationery Office
Page : 280 pages
File Size : 42,5 Mb
Release : 2006-11-29
Category : Political Science
ISBN : 9780102943689

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Murder, Manslaughter and Infanticide by Great Britain: Law Commission Pdf

A Law Commission consultation paper 'A new homicide act for England and Wales?' was published as LCCP 177 (ISBN 0117302643) in April 2006.

Author : Bron McKillop
Publisher : Hawkins Press
Page : 116 pages
File Size : 40,7 Mb
Release : 1997
Category : Law
ISBN : 1876067063

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Anatomy of a French Murder Case by Bron McKillop Pdf

The book provides a first hand account of the processing of a murder case through the French criminal justice system from the initial police investigation through to the compilation of the dossier, the hearing and the appeal, and the press coverage of the case. The study provides an effective comparison between 'adversarial' and 'inquisitorial' processes and will be valuable for anyone with an interest in comparative law, criminal process and legal systems.

Author : Frank H.S. Bridge
Publisher : Council of Europe
Page : 317 pages
File Size : 41,5 Mb
Release : 1994-01-01
Category : Political Science
ISBN : 9789287194749

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The Council of Europe French-English legal dictionary by Frank H.S. Bridge Pdf

Designed to provide useful and authentic translations, this dictionary is an incomparable reference work containing some 11 000 entries, clearly set out and easy to consult.