Inside the French legal machine • FRANCE 24 English

Key Concepts

• Civil Law System: A legal system based on written codes and statutes, as opposed to common law systems that rely on judicial precedent.
• Magistrat: An umbrella term in the French justice system for civil servants in the justice department, encompassing both judges and prosecutors.
• Magistrat assis: Sitting judges who issue decisions in court.
• Magistrat debout: Prosecutors who represent society and the state, requesting penalties but not judging.
• Juge d'instruction: A special judge responsible for conducting investigations before a criminal trial, unique to the French system.
• Mise en examen: The formal process of charging a suspect after an investigation, conducted by the juge d'instruction.
• Contravenion: A minor offense.
• Délit: A mid-level crime.
• Crime: A very serious offense.
• Tribunal de police: Court handling minor offenses (contraventions).
• Tribunal correctionnel: Court handling mid-level crimes (délits).
• Cour d'assises: The top-level criminal court handling serious offenses (crimes), featuring a jury.
• Cour de cassation: The highest judicial court reviewing the application of law.
• Conseil d'État: The highest administrative court.
• Antime conviction: The internal belief or conviction of a jury.
• Non-cumulative sentences: In France, if found guilty of multiple crimes, the longest sentence is served, not added together.
• Abolition of the death penalty: In France, 1981.

The French Justice System: An Abridged Overview

This segment of "French Connections" provides a concise overview of the French justice system, highlighting its foundational principles, key actors, and structural particularities. The discussion aims to demystify the system, which is often referenced in news concerning trials like the Pity and Sarkozy cases.

1. Foundation: Civil Law System

The French justice system is fundamentally based on a civil law system. This means it relies primarily on written codes such as the Code Civil (Civil Code) and the Code Pénal (Penal Code). This contrasts with common law systems (found in the UK and US) where judicial interpretation of past judgments and precedent plays a more significant role. In France, the emphasis is on applying the law as it is written.

2. Key Personnel and Roles

• Magistrat: This is a crucial term, referring to a civil servant (fonctionnaire) within the department of justice. It's an umbrella term encompassing two distinct roles:

  • Magistrat assis (Sitting Judges): These individuals issue decisions in court. Unlike in the US, they do not wear gavels.
  • Magistrat debout (Prosecutors): These individuals represent society and the state. They request penalties but do not judge cases.

• Juge d'instruction (Investigating Judge): A unique feature of the French system, this judge is specifically responsible for conducting the investigation that precedes a criminal trial.

  • Role: Their role concludes once the investigation is complete; they do not conduct trials themselves.
  • Responsibilities: They direct and supervise police investigations, decide whether to charge a suspect (mise en examen), and determine if a case will proceed to trial or be dismissed.
  • Evidence Gathering: Importantly, the juge d'instruction gathers both incriminating and exonerating evidence. This differs from the US system where prosecutors typically focus on incriminating evidence.

3. Court Structure and Dispute Resolution

The French system categorizes disputes and crimes into different levels, handled by distinct courts:

• Civil Courts: Address disputes between individuals and organizations, covering areas like contract law, family law, and property law.
• Criminal Courts: Deal with offenses committed against society. The level of the offense determines the court:
  • Contravention (Minor Offense): Handled by the Tribunal de police.
  • Délit (Mid-level Crime): Such as theft or assault, handled by the Tribunal correctionnel.
  • Crime (Serious Offense): Including murder, rape, or terrorism, handled by the Cour d'assises.

Two other significant courts mentioned are:

• Cour de cassation: The highest judicial court, which reviews whether the law has been correctly applied.
• Conseil d'État: The highest administrative court.

4. Juries and Sentencing in Serious Crimes

When facing a serious crime at the Cour d'assises, defendants will encounter a jury.

• Jury Composition: Typically consists of six to nine individuals.
• Jury's Role: They decide on guilt based on their "antime conviction" (internal belief).
• Judges' Role: Three judges then determine the sentence.
• Jury Eligibility: Any French citizen aged 23 and above can be chosen for jury duty. Jurors are selected randomly from electoral lists.

5. Penalties and Sentencing Principles

The French Penal Code outlines a range of penalties based on the offense and circumstances.

• Minor Infractions: Fines are the common penalty.
• More Serious Crimes: Can result in imprisonment.
• Maximum Sentence: The maximum prison sentence for a crime in France is 30 years, which is noted as being lower than in some other countries.
• Life Imprisonment: Can be imposed for very serious offenses like terrorism or genocide.
• Non-Cumulative Sentences: A key principle is that sentences are not cumulative. If an individual is found guilty of multiple crimes, they will serve the longest single sentence, rather than having sentences added together as can happen in the US.
• Abolition of the Death Penalty: The death penalty was abolished in France in 1981.

6. Criticisms and Challenges

Despite its structure, the French justice system faces criticism.

• Slowness and Bureaucracy: It is often described as very slow and bureaucratic.
• Lack of Personnel: A significant issue is the shortage of magistrates, leading to heavy workloads for existing judges. This can result in individuals waiting years for their cases to be heard, impacting their ability to move forward with their lives.
• Chronic Lack of Means: Similar to other public sectors like healthcare and education, the justice system suffers from a chronic lack of resources, which can erode public trust.

Conclusion

The French justice system is characterized by its civil law foundation, the distinct roles of magistrates (judges and prosecutors), and the unique investigative function of the juge d'instruction. While it aims for fairness and the application of written law, it grapples with significant challenges related to speed, bureaucracy, and resource allocation, impacting its efficiency and public perception.