Judicial investigation, preliminary investigation, flagrancy, judicial functions, minors jurisdiction, international procedures, penal transaction, search warrant, secrecy of investigation
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Abstract
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Abstract
This document outlines the procedures and functions involved in a judicial investigation, including preliminary investigations, special jurisdictions for minors, and international procedures.
Extract
[...] But it should not be underestimated. Example: Titanesque jurisprudential battle between the CJEU, the CE and the Court of Cassation. What is the rule regarding the collection of personal data in criminal matters? European law cannot be kept indefinitely. The CJEU states that only the data necessary for the most serious criminal cases can be considered. The CE says that European law does not apply to it, so everything is kept. The Criminal Chamber of the Court of Cassation estimates that in criminal proceedings, the right of the European Union must be respected. [...]
[...] This inquiry the investigating judge is called 'information'. History: After the French Revolution, two juries decide on the prosecutions: the jury of accusation and the jury of judgment. Napoléon, seeking efficiency and wary of the people, abolishes the jury of accusation (1808) with the criminal instruction code and establishes the judge in its place. The other jury will become the Court of Assizes and its popular jurors (today questioned) The law of 17 July 1856 confers on the investigating judge the function of investigation and judging. [...]
[...] (Relayed in several books including 'Outreau'). To see: 1 out of 5 stars on YouTube by Karl Zéro (opinion journalism) IV- A right in balance: Public and political opinion is extremely severe towards juvenile delinquents. Doctors wanted to retain a higher threshold of discernment than that retained in the CJPM. We can even consider that a minor is treated like an adult. Few staff are trained to judge minors. The penal procedure until the pronouncement of the sanction treats the minor like an adult, despite the available precautions and protections. [...]
[...] -Acts of similar investigations to other investigations. There are no special powers in flagrante and not in preliminary. Investigation in flagrante: Investigation under the condition of a crime or 'flagrant' lit, in the process of being committed or has just been committed (Art 53) 3 criteria: -material (crime or offense or situation provided by law) - temporal (in the process or who has just?) - appearance (manifesting signs or witnesses, must appear to investigators, even based on smell). The flagrancy investigation is limited to 8 days. [...]
[...] Today, available for the all crimes and all types of penalties, even after a preparatory instruction. Exception: All crimes except by of minors, press, unintentional homicide, policies and those subject to a special procedure. (Infraction to the military code, to international law) The effects of the CRPC : On may be subject to imprisonment. This is the only method of prosecution that offers a prison sentence. We offer the half of the sentence incurred, she must be less than 3 years. If this ever exceeds 3 years, the prosecutor chose the sentence. [...]
