- The Justices
- Rule Of Law: Criminal Justice And Property Rights- Full Chapter
- Criminal law deals with rights and powers of the government
- Whose law is it anyway? A guide to Canadian criminal law | Queen's Certificate in Law
You can usually tell by the signs at the entrance. Do you notice any differences between these parks? Think about their location and what services and activities they have. Look at the Parks Canada website. Why do you think these national parks were created? How about provincial parks? City parks? Skip to Main Content Area. Canada: The Road to Democracy. The Business of Parliament. This might entail the hearing of witnesses, forensic and technical investigations. As the investigation is headed by the prosecutor, the defence usually approaches the prosecutor with these demands carried out by the police.
Should the prosecutor refuse a demand from the defence, the suspect has the right to request the court to order the prosecutor to carry out the measure.
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The appeal will be heard by the indictment division of the court of appeal, also called in short the investigating chamber. More generally, the investigating chamber has jurisdiction over any matter connected with the judicial investigation and controls their legality and compliance with the law.
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Under the former, the prosecution authority is under no obligation to systematically prosecute a criminal offence and, as such, is free, according to the specific and concrete circumstances of the case, to make a decision whether or not to prosecute. Conversely, under the latter, the prosecution authority is legally bound to prosecute a criminal offence that would come to its attention. Consequently when the behaviour falls clearly and without any doubt into the legal definition of a criminal offence i.
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Thus the French and Swedish prosecutors will both have to evaluate the realistic and objective prospect of guilt and the case should not enter the criminal justice process unless prosecutors of both systems are satisfied that the offender has performed an illegal action with the appropriate mind-set. Thirdly, regardless of the system, the victim does not play a major role in the decision making process. It is a way to divert the case from a court sentencing. This is voluntary and the suspect may choose, instead, to allow the prosecutor to bring charges and have the case tried in a court of law.
Rule Of Law: Criminal Justice And Property Rights- Full Chapter
As a consequence French and Swedish prosecutors hold a broad discretionary power to avoid prosecution or to avoid a court trial. Those who commit offences are not necessarily brought before the courts for an open determination of guilt and, if convicted, for sentencing.
In France, as such offences lead to the opening of a judicial inquiry, it implies, as a prerequisite condition, that a decision to prosecute has been made by the prosecutor. The formation and composition of these statements are remarkably similar in the two countries.
As a result, a pilot study on the new Criminal Code of Procedure was released for consultation in March But the additional competences to the prosecution were soon widely suspected as being part of an attempt by political authorities to increase their influence on the handling of sensitive cases. Thus, a part of the legal society demanded, as a prerequisite condition to these new powers, a review of the status of the prosecutorial services in favor of independence from the executive branch and the police services.
Members of the committee did not share this point of view, considering the dependent relationship between the prosecution and the Executive as being a positive rather than a drawback. The strong hierarchy in the French prosecution system is consequently another issue, since in other European countries where there is no investigating judge; prosecutors do not depend on political power and have no power to deprive suspects of their freedoms. Although the government does not seem yet to be willing to surrender, France will be bound, sooner or later, to draw the appropriate inferences from these European decisions and reform its system accordingly.
Hence, the debate remains open and in that context and for now, it could be interesting to underline the key factors that would go for or against unification of law. Yet each status remains specific and the Swedish public prosecutor benefits from a stronger independence, since the prosecution service is apart from the police as well as from the courts. All prosecutors are state-employed and are said to be sovereign. The independence of the judiciary in France is a basic condition of a state truly governed by the rule of law. A High Council of the Judiciary assists him in this task and is also the monitoring body with power over appointments and discipline.
Even if the procedure is relatively informal, flexible and fast, there are backdrops. Even though France is currently experiencing a significant reform of its criminal procedure tending to introduce some strong elements of the accusatorial model of criminal justice, this needs to be done sparingly.
The balance for both countries is to be found, as often as practicable, in European rules and regulations promoting an adversarial standard model of criminal justice. It is with this end in mind we have ventured herein to compare two procedural systems, both within the European Union, but on the surface very different from each other. Our conclusions, however, are that in the end, formalities aside, the resemblance is greater than the difference, which foretells well for the future.
Despite national specificities in their legal traditions, France and Sweden are both deeply involved in pursuing this goal whose concern is nowadays considered as a European priority. Prosecutors, whose legal obligation lies in determining whether or not a case shall enter the criminal justice process, turn out to be the linchpin of the process. Therefore this study examines the powers and duties of French and Swedish public prosecutors within judicial systems based on opposite models, respectively the inquisitorial and accusatorial models of criminal justice.
Thus, the debate regarding the potential unification of European criminal justice systems remains topical. El fiscal, que es responsable legal de determinar si un caso debe o no debe ser sometido a un proceso penal, es la columna vertebral del proceso penal. Adopted in Havana August 27 — September 7, , U. Survey, Ministry of Justice, Actually this disparity can be explained by the huge gap between the two countries with regards to the number of inhabitants being far less important in Sweden than in France.
Both In France and in Sweden, education requires at least 4 years of legal studies at a law faculty. Any person who justifies their relevant professional experience regarding the legal profession can submit an application to enter the school. Thirteen of those people were acquitted after spending years behind bars awaiting trial.
As a result, a committee was tasked to formulate recommendations to improve French judicial investigation, in order to provide investigating magistrates with stronger safeguards and experience in the course of their daily activities. Article 1, Ord. Standing magistrate means prosecutor, sitting magistrates refer to an investigating magistrate, a liberty and custody judge or a trial judge.
Criminal law deals with rights and powers of the government
Before there were district offices. Prosecutors work within the jurisdiction of the court they belong, yet for example when issuing orders or warrants, these documents can be implemented and be effective on a national level e. This exception stems from the principle of the separation between the prosecutorial and the investigative Authorities.
Under special circumstances, regardless of the complexity and the seriousness of the offence, the prosecutor will have to lead the preliminary investigation: when the suspect has been arrested and will consequently be detained, when the suspect or the victim is under-aged or, in case of domestic violence. It is a matter for the judges and prosecutors to distinguish between these two categories as the text in the statutes has no definition; e.
See above 24h in France v. The power given to French judicial officers to hold a suspect in custody for up to 24 hours has been, over the last few months, severely criticized and is, thus, currently being discussed by public authorities e. Article of the CCP; however this provision applies only to those offences specified in article of the CCP namely to organized crime.
Whose law is it anyway? A guide to Canadian criminal law | Queen's Certificate in Law
If no request is made demanding that the suspect be remanded to custody then he has to be released. France, November 23, A new law was enacted in France on the 14 th of April with better safeguards available for the suspect held in custody. The new provisions intend amongst others, to provide the suspect with a stronger legal aid from defence counsel during the entire police custody process, including police questioning and confrontation phases.
Thus, the sharing of competence can be summarized as follows: while the prosecution authority holds some powers of coercion in order to bring the guilty before court, the investigating judge working towards the discovery of the truth, has to make sure fundamental rights are preserved and, therefore, in case those rights need to be infringed for a certain period of time, only a judge will be entitled to order so. Article 40, of the CCP: any prosecutor holds a broad discretionary power and can decide to prosecute, to divert the case from prosecution or to end it straightforwardly with a no further action decision.
See Swedish prosecution authority website at www. Examples of such offences include defamation, breach of domiciliary peace and crimes of unlawful appropriation, or stealing, within the family i. See article of the CCP, the legislator rephrased in terms of priority the three options offered to the prosecutor.
Regarding the new provision, the prosecution is under a duty to find a systematic answer so as to clear a criminal case. Swedish women having an abortion in Poland, at the time illegal in Sweden but not in Poland —now the situation is exactly the opposite.
There exist, under French law, two procedures mentioned in articles , , of the code of criminal procedure, by which the offender who admits his or her guilt has to accept one or several legal measures imposed by public authorities e. For further details on the French procedure, see the simplified procedure mentioned at article onwards of the CCP.
For more specific details, see article onwards of the CCP. Sometimes it works ; see French penal code p.