Public action, civil action, penal judge, civil judge, complaint with civil party, penal composition, judicial police, public prosecutor, investigating judge
Reader
Abstract
Extract
of 79
Abstract
This document outlines the rules governing civil actions in penal proceedings, including the jurisdiction of penal and civil judges, and the procedures for triggering public action.
Extract
[...] He is being prosecuted by the MP. The parents of the children wish to become civil parties (to become a party to the trial). The bishop is going to contest this civil party status on the grounds that the non-denunciation of a crime offense essentially concerns public order, the general interest. The investigating judge and then the second-degree instruction court will reject the bishop's request, they will judge « By not revealing to the judicial or administrative authorities the priest's sexual behavior towards the children under his care, the bishop deprived the parents of information that would have allowed them to understand their sons' behavior and adopt an attitude towards them that would have helped to alleviate their difficulties at a difficult age in their existence and that the bishop's silence prevented the parents from preventing the continuation of meetings between their children and the priest. [...]
[...] Section II - Compensation for the damage caused by the offense. ?The object of the public action is the application of the penal law, the sanction of the delinquent.linquant. ?The object of the civil action a priori is the compensation for the damage caused by the offense to one or more persons. Article 2 of the CPP defines the necessary conditions for the recognition of the quality of victim. It comes to designate those who can claim to be a penal victim. [...]
[...] Article 2-7 of the CPP. But for a long time, jurisprudence has refused to repair moral damages here would be borns of the'infraction in [...]
[...] In criminal matters 2 actions are susceptible to arise from the relationship of an offense: -The action for the application of penalties (action public) article1 of cpp -The action for the repair of the damage caused in the infringement (action civil ) article2 of cpp. Public Action = main and necessary object of the criminal trial. It presents itself as the main activity exercised by society to have the competent judge establish the punishable fact, establish the guilt of the prosecuted person and finally obtain the pronouncement of the penalty provided by law. Civil Action = secondary and optional object of the criminal trial. [...]
[...] In its narrow acceptance the principle of the presumption of innocence determines the burden of proof in criminal proceedings however the presumption of innocence does not only concern the proof it has a more substantial meaning. a The probative sense of the principle In accordance with this principle it is not up to the suspected or prosecuted person to demonstrate their innocence it is up to those who accuse them to establish their guilt. « Actori incumbumbit probatio . In the penal procedure and more particularly during the trial the plaintiff is the public prosecutor. [...]
