Extract
[...] Caroline's ITT is 2 weeks. Thus, the aggravating circumstances of violence against a spouse (4th degree) and under the manifest influence of stupefying substances (14th degree) are applicable. In the presence of two circumstances, the penalty incurred is increased to 7 years' imprisonment and a fine of ?100,000. - Jules and theft : Article 321-1 of the Penal Code sanctions the receiving of stolen goods. Pursuant to this article, "The receiving is punishable by five years' imprisonment and a fine of ?375,000." However, Article 8 of the Code of Criminal Procedure provides a prescription period of 6 years for offenses. [...]
[...] The prosecutor or, if necessary, the investigating judge designated may expand the investigations, hear Adrien and other members of the group, and finally, if a trial is planned, seize the competent jurisdiction. Question 8 points) : What pre-sentencing measures can be required by the public prosecutor against Jules ? In as much as the collected elements are sufficient to initiate a criminal procedure against Jules, he could be placed under formal investigation, placed under judicial supervision, placed in provisional detention or even assigned to residence under electronic surveillance. A psychiatric expertise could also be requested. [...]
[...] (1.5 points) Article 61-1 of the Code of Criminal Procedure provides for the conditions related to free hearing and, in particular, the information given to the person being heard. In this case, there are many plausible reasons to suspect that Jules committed an offense. However, he was not notified of his right to make statements, respond to questions, and especially his right to silence, his right to remain silent. He was also not notified of his possibility of benefiting from free legal advice or his right to be assisted by a lawyer. Therefore, the hearing is not regular. Question 5 points) : Is Caroline's hearing regular? [...]
[...] Article 62 of the Code of Criminal Procedure applies to the hearing of the person against whom there is no reason to suspect that they have committed an offense. The person summoned has the obligation to appear at the hearing freely to be questioned. It is specified that "these people can be held under constraint for the strictly necessary time for their hearing, without this duration exceeding four hours." In this case, Caroline was taken to the police station by force and was held for 2 hours. [...]
[...] This search is notably provided for by Articles 78-2-2 and 78-2-3 of the Code of Criminal Procedure. In this case, since there is at least one plausible reason to believe that Adrien committed a crime or offense, this search is possible and must be carried out by a judicial police officer. Question 7 points) : What procedural steps do you think are suitable for Adrien? Since the charges against Adrien are serious and the investigators' suspicions are corroborated by various elements collected, Adrien could be placed in custody. [...]
