Criminal jurisdiction in France: A Comprehensive Overview

The criminal jurisdiction in France is a vital aspect of the legal system, playing a fundamental role in maintaining law and order within society. In France, a nation with a rich legal heritage, the concept of criminal jurisdiction holds notable importance. Here we aim to provide a comprehensive overview of criminal jurisdiction in France.

 

The French criminal judicial system follows a hierarchical structure and each level of court has a specific role within the jurisdiction. There are multiple tiers of courts dealing with criminal cases.

 

There are three levels of criminal courts in France which are invoked depending on the severity of the offence committed. The lowest level is the Tribunal of Police ("Tribunal de Police") which judges cases relating to minor offenses (referred to as "contraventions") such as traffic violations and petty theft. These criminal offences are punishable by the imposition of fines, as opposed to a custodial sentence. The next level comprises the Correctional Tribunal ("Tribunal Correctionnel") which addresses more serious offences (known as "délits") and these offences carry penalties such as imprisonment together with fines. Some examples of "délits" are assault and fraud. The final level is the Assize Court ("Cours d'Assises"). This court deals with the most serious criminal offences (known as "crimes") such as murder, rape and serious assault. The penalties imposed by the Assize Court are severe and often include life sentences or lengthy imprisonment. 

 

It is should be noted that France has established specialised jurisdictions for dealing with specific types of criminal cases. For instance, the Juvenile Courts, ("Tribunaux pour Enfants") these courts focus on minors who have committed criminal offences. These courts aim to rehabilitate the young offenders and emphasise reintegration and rehabilitation rather than concentrating on punishment of minors. The provision of social support and educational measures to young offenders will hopefully lead to them to a more stable life.

 

There is the opportunity for a defendant to plead their case is Courts of Appeal ("Cours d'Appel") where offenders can appeal the trial court's decision if they believe a miscarriage of justice has taken place. These courts have a broader scope of jurisdiction and attempt to solve complex legal issues. The Court of Appeal will review the trial court's judgment to establish if the decision is correct. They analyse the fairness and legality of the lower court’s decision and hear the argument that the defendant submits to reverse the lower court’s conclusion.

 

The final opportunity to ensure that the decision of the trial court is has correctly been based on the law is the Court of Cassation ("Cour de Cassation") which is the highest judicial authority in France and acts as the final court of appeal. It ensures the correct application of the law, maintaining legal consistency. The Court of Cassation has jurisdiction only for the application of law and not for factual disputes. The decisions of the Court of Cassation are final and binding.

 

 

Criminal jurisdiction in France is characterised by a well-structured system, which contributes to the fair administration of justice. From the Courts of first instance to the Court of Cassation, each level plays a significant role in guaranteeing fair criminal proceedings. The hierarchical court structure, along with the principle of territorial jurisdiction, ensures that the cases are heard in the appropriate court.

 

Understanding the key elements of criminal jurisdiction in France is essential for recognising the country's legal landscape. Therefore, should an individual that find themselves entangled in a criminal matter in France, it is crucial to seek legal guidance and advice. Giambrone & Partners, as a leading international law firm with cross-border capacity, is able to provide legal advice and expertise to assist an individual involved in criminal proceedings. Our lawyers can bring in-depth knowledge and expertise and guidance through the court system, with a comprehensive knowledge of French criminal law.

 

Angela Falqui has been an Italian lawyer registered with the Sassari Bar since 2022 and is highly qualified, with a Master’s degree in Law together with a Master ll in international law, as well as qualifications in Italian and French comparative law. Angela was based in the Sardinia office in 2017-2021 at whilst focusing on real estate, hotel & leisure, and the full range of commercial law practices. She later assisted Giorgio Bianco to establish the Giambrone & Partners is an international law firm with offices in Lyon, Barcelona, Birmingham, Catania, Glasgow, Gran Canaria, London, Madrid, Milan, Munich, Naples, Palermo, Paris, Rome, São Paulo, Sassari, Turin and Tunis. For more information, do not hesitate to contact us here or write to us at info@giambronelaw.com or contact us by phone at the following numbers: