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Author : France
Publisher : Fred B. Rothman
Page : 408 pages
File Size : 49,5 Mb
Release : 1988
Category : Law
ISBN : STANFORD:36105043993018
This volume supersedes Volume 7 of the series.
Author : Samuel June Barrows,International Prison Commission
Publisher : Unknown
Page : 180 pages
File Size : 41,5 Mb
Release : 1901
Category : Criminal law
ISBN : UCAL:B4351840
Author : Adhémar Esmein
Publisher : The Lawbook Exchange, Ltd.
Page : 686 pages
File Size : 47,5 Mb
Release : 2000
Category : Criminal procedure
ISBN : 9781584770428
Esmein, A[dhemar]. A History of Continental Criminal Procedure with Special Reference to France. Translated by John Simpson; with an editorial preface by William E. Mikell and introductions by Norman M. Trenholme and by William Renwick Riddell. Boston: Little, Brown and Company, 1913. xlv, 640 pp. Reprinted 2000 by The Lawbook Exchange, Ltd. LCCN 99-045906. ISBN 1-58477-042-2. Cloth. $100. * Reprint of volume 5, Continental Legal History Series. Esmein, "the foremost legal scholar of France if not of the world" has here analyzed criminal procedure from its Roman origin, through primitive Germanic, and throughout French criminal procedure from the 1200s to the 1800s, as well as 19th century criminal procedure in other countries in this "masterly work...This volume is to be unqualifiedly commended as a standard and sufficient history of continental criminal procedure." J.H.B. Harv. L. Rev. 27:294-295.
Author : Catherine Elliott
Publisher : Routledge
Page : 255 pages
File Size : 52,8 Mb
Release : 2001-05
Category : Law
ISBN : 9781135993078
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 : Andrew Ewang Sone
Publisher : Presses univresitaires d'Afr
Page : 273 pages
File Size : 53,8 Mb
Release : 2007
Category : Criminal procedure
ISBN : 9789956444342
Author : Jacqueline Hodgson
Publisher : Bloomsbury Publishing
Page : 300 pages
File Size : 44,5 Mb
Release : 2005-11-08
Category : Law
ISBN : 9781847310699
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 : James M. Donovan
Publisher : Univ of North Carolina Press
Page : 273 pages
File Size : 53,8 Mb
Release : 2010-02-01
Category : Law
ISBN : 9780807895771
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 : Aniceto Masferrer
Publisher : Springer
Page : 427 pages
File Size : 40,7 Mb
Release : 2018-03-09
Category : Law
ISBN : 9783319719122
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 : Demo-Droit Programme,Council of Europe,Themis (Project)
Publisher : Council of Europe
Page : 128 pages
File Size : 53,8 Mb
Release : 1997-01-01
Category : Political Science
ISBN : 9287132224
Opening speech - Guy De Vel.
Author : Mark A. Summers,Mireille Delmas-Marty
Publisher : BRILL
Page : 221 pages
File Size : 49,5 Mb
Release : 2023-11-27
Category : Law
ISBN : 9789004632448
The title of this work illustrates the two difficulties which the chosen theme poses, difficulties which arise from the confrontation between collective and individual interests. On the one hand, the criminal process is based on the protection of society; on the other hand, human rights implies respect for all individuals implicated in that process, be they victim, witness or accused. A third difficulty arises in relation to the new influence of European law. While the right to judge has long appeared to be the most obvious indication of national sovereignty, it is now subject to supranational control and a State can be censured by the European Court of Human Rights. Part One of this volume analyses the period of reform in various Eastern and Western European countries; Part Two explores the debate among jurists, historians, sociologists and philosophers on the subject of the criminal trial in a democratic society. Finally, Part Three reflects on the issue within the context of the European Community and the European Council and explores the question of a future model for the European criminal trial. Professor Mireille Delmas-Marty teaches at l'Université de Paris I - Panthéon Sorbonne and is a member of l'Institut Universitaire de France. She is the editor of The European Convention for the Protection of Human Rights, International Protection versus National Restrictions (Martinus Nijhoff Publishers, 1992.)
Author : French Government
Publisher : Unknown
Page : 278 pages
File Size : 45,6 Mb
Release : 2017-06-29
Category : Electronic
ISBN : 152159032X
This is Criminal Procedure of The France Republic. It is current through June 25 , 2017
Author : France
Publisher : Unknown
Page : 142 pages
File Size : 52,8 Mb
Release : 1819
Category : Criminal law
ISBN : NYPL:33433075956023
Author : John Bell,Sophie Boyron,Simon Whittaker
Publisher : OUP Oxford
Page : 616 pages
File Size : 53,8 Mb
Release : 2008-03-27
Category : Law
ISBN : 9780191018893
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 : Léon Pierre Adrien de Montluc
Publisher : Unknown
Page : 40 pages
File Size : 47,6 Mb
Release : 1910
Category : Criminal procedure
ISBN : HARVARD:32044049329204
Author : Brice Dickson
Publisher : Pitman Publishing
Page : 300 pages
File Size : 46,7 Mb
Release : 1994
Category : Law
ISBN : STANFORD:36105060931354
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.