History UsefulNotes / FrenchCourts

* In ''Literature/TheStranger'', Meursault ends up sentenced to death for killing an Arab in the [[UsefulNotes/TheFrenchColonialEmpire Algiers Assizes Court]].

* ''VideoGame/WeTheRevolution'' follows the judge of a revolutionary tribunal during the UsefulNotes/FrenchRevolution.

* Film/{{Nikita}} is sentenced, in the opening of the French version of the film, to criminal imprisonment for life, without possibility of parole for thirty years, for murdering a cop while robbing a pharmacy.

Additionally, rulings from disciplinary courts for [[LesGrandesEcoles school students and teachers]], for inmates, for doctors and for pharmacists can be appealed in the Administrative Appeal Court.

If the Court finds that a [[TheJudge judge]] misapplied the law in his ruling, it orders the ''[[TitleDrop cassation]]'', or "quashing", of the ruling. The matter is then remanded to a different court of the same nature as the previous one. If, in a subsequent appeal, a quashing is called for, then the court will sit ''en banc'' and do as in the first step. If, [[RuleOfThree in another subsequent appeal]], a quashing is called for, then the court will sit ''en banc'' and render a final decision.

Until 1935 this sentence had to be served in [[PenalColony Guiana]]. [[TheAlcatraz Devil's Island]] was a common destination.

Until 1981, the '''death penalty''' could be pronounced by the French courts for crimes ranging from aggravated murder (such as [[SelfMadeOrphan patricide]]), [[RewardedAsATraitorDeserves treason]], and [[MoralEventHorizon using torture]] during the commission of a kidnapping or other felony, all the way down to [[DisproportionateRetribution armed robbery]] and included desertion, arson or dynamiting of a house or causing death or setting a bomb near a public road.

In some cases, persons other than tort[=/=]crime victims may join in as "civil parties", such as e.g. anti-racist organizations on racist crimes, human rights organizations on crimes against humanity, women's shelters in domestic violence cases, child defense groups in the case of crimes against children (i.e. [[AbuseTropes child abuse]]), or "public law persons" in the case of arsons and other fire-related crimes. Sometimes these orgs may need victim consent in order to enter the procedure (that is the case of racist crimes when they are directed at individuals, or domestic violence, to mention two of the examples here).

Damages claims based on torts linked to crimes [[note]]torts being known as ''délits civiles'' or "civil delicts", not to be confused with the category of crimes mentioned above, thus French law prefers to speak in terms of ''responsabilité civile'' or "civil responsability"[[/note]] are claimed by the victim (or in some cases third parties, the most common example being insurance companies claiming damages related to their policies - e.g. on a car they insured that crashed with another car) acting as the ''partie civile'' or "civil party". Their case is heard jointly with the criminal case, on the same procedure and with the same people judging the case. Thus, punishments and compensation for damages are metted out at the same time.

In some cases, persons other than damages claimants may join in as "civil parties", such as e.g. anti-racist organizations on racist crimes, human rights organizations on crimes against humanity, women's shelters in domestic violence cases, child defense groups in the case of crimes against children (i.e. [[AbuseTropes child abuse]]), or "public law persons" in the case of arsons and other fire-related crimes. Sometimes these orgs may need victim consent in order to enter the procedure (that is the case of racist crimes when they are directed at individuals, or domestic violence, to mention two of the examples here).

Damages claims based on torts linked to crimes [[note]]torts being known as ''délits civiles'' or "civil delicts", not to be confused with the category of crimes mentioned above, thus French law prefers to speak in terms of ''responsabilité civile'' or "civil responsability"[[/note]] are claimed by the victim (or in some cases third parties, the most common example being insurance companies claiming damages related to their policies - e.g. on a car they insured that crashed with another car) acting as the ''partie civile'' or "civil part". Their case is heard jointly with the criminal case, on the same procedure and with the same people judging the case. Thus, punishments and compensation for damages are metted out at the same time.

In some cases, persons other than damages claimants may join in as "civil parts", such as e.g. anti-racist organizations on racist crimes, human rights organizations on crimes against humanity, women's shelters in domestic violence cases, child defense groups in the case of crimes against children (i.e. [[AbuseTropes child abuse]]), or "public law persons" in the case of arsons and other fire-related crimes. Sometimes these orgs may need victim consent in order to enter the procedure (that is the case of racist crimes when they are directed at individuals, or domestic violence, to mention two of the examples here).

Damages claims based on torts linked to crimes [[note]]torts being known as ''délits civiles'' or "civil delicts", not to be confused with the category of crims mencioned above, thus French law prefers to speak in terms of ''responsabilité civile'' or "civil responsability"[[/note]] are claimed by the victim (or in some cases third parties, the most common example being insurance companies claiming damages related to their policies - e.g. on a car they insured that crashed with another car) acting as the ''partie civile'' or "civil part". Their case is heard jointly with the criminal case, on the same procedure and with the same people judging the case. Thus, punishments and compensation for damages are metted out at the same time.

Damages claims based on torts linked to crimes (torts being known as ''délits civiles'' or "civil delicts", not to be confused with the category of crims mencioned above, thus French law prefers to speak in terms of ''responsabilité civile'' or "civil responsability") are claimed by the victim (or in some cases third parties, the most common example being insurance companies claiming damages related to their policies - e.g. on a car they insured that crashed with another car) acting as the ''partie civile'' or "civil part". Their case is heard jointly with the criminal case, on the same procedure and with the same people judging the case. Thus, punishments and compensation for damages are metted out at the same time.

Damages claims based on torts linked to crimes (torts being known as ''délits civiles'' or "civil delicts", not to be confused with the category of crims mencioned above, thus French law prefers to speak in terms of ''responsabilité civile'' or "civil responsability") are claimed by the victim (or in some cases third parties, the most common example being insurance companies claiming damages related to their policies - e.g. on a car they insured that crashed with another car) acting as the ''partie civile''' or "civil part". Their case is heard jointly with the criminal case, on the same procedure and with the same people judging the case. Thus, punishments and compensation for damages are metted out at the same time.

Damages claims based on torts linked to crimes (torts being known as ''délits civiles'' or "civil delicts", not to be confused with the category of crims mencioned above, thus French law prefers to speak in terms of ''responsabilité civile'' or "civil responsability") are claimed by the victim (or in some cases third parties, the most common example being insurance companies claiming damages related to their policies - e.g. on a car they insured that crashed with another car) acting as the ''partie civile''' or "civil part". Their case is heard jointly with the criminal case, on the same procedure and with the same people judging the case. Thus, punishments and crimes are metted out at the same time.

* '''''Délits''''', or '''misdemeanors''', are crimes including sex assaults, some cases of theft, robbery and drug possession; they are tried in the ''tribunal correctionnel'' and are punished by up to 10 years in prison.

Secondly, due to France's involvement in the EuropeanUnion, law is also influenced by the law and regulations emanating from the EU[[note]]'''80%''' of the French law is the transposition of these laws and rules.[[/note]].

* '''''Maison centrale''''', or '''Central Prison''', roughly equivalent to [[AmericanPrisons maximum security prisons in the US]].

Having two judicial systems in a country can bring problems of competence, not unlike [[AmericanFederalism the situation in the US]] [[AmericanCourts for federal and state courts]] or [[BritishCourts the divide between common law and equity in the UK]].

* '''''Réclusion criminelle''''', or "'''criminal imprisonment'''", for felonies; can range from 10 years to life and in the past entailed the loss of political rights.

Thirdly, due to the [[UsefulNotes/TheFrenchRevolution Revolution]][[note]]Revolutionaries were then wary of the ''[[https://en.wikipedia.org/wiki/Parlement Parlements]]'' and their action against the state.[[/note]], the French juridical system is divided into two parts:
* The '''ordinary stream''',[[note]]In French, ''ordre judiciaire'' or 'judiciary order'.[[/note]] which deals with the crimes and disputes involving two private individuals.[[note]]If one of the private parties was a State company, of which there are many (the most famous internationally being SNCF--the French national railway company--and Électricité de France, which besides powering France has tentacles in power generation across Europe and also in North America and Africa), this can also go in this stream. There used to be even more of those: This also historically included Air France, but that has since been mostly privatised. Yes, French law can be messy.[[/note]]

Since 1994 the courts can award any sentence not exceeding the maximum given in law[[note]]Felonies cannot be punished by prison terms going below one year — two if the felony is punished by life.[[/note]]. Until recently, the concept of plea bargaining was unknown in French law. All criminal cases were tried, or dismissed. Not it does exist, but only for misdemeanors. Felonies are tried with a jury and three judges. All other crimes are tried without a jury. French judges also play for more of a role, calling and questioning witnesses of their own volition. This is called the Inquisitorial system, as opposed to the Adversarial system of Anglo-American law, where judges are to serve as impartial referees only. Some ''juges d'instruction'' or "judges of instruction" actually conduct investigations, though their use is limited.

[[AC:Capital punishment: ''[[OffWithHisHead la Veuve]]'']]

[[AC:[[WorkingOnTheChainGang Hard labour]]]]

Until 1935 this sentence had to be served in [[PenalColony Guyana]]. [[TheAlcatraz Devil's Island]] was a common destination.