Penal judge, administrative act, exception of illegality, annulment, penal law, administrative jurisdiction, Court of Cassation, legality, executive power
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Abstract
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Abstract
The document discusses the competence of penal judges to interpret and assess the legality of administrative acts, and the implications of their annulment on penal proceedings.
Extract
[...] Thus, when of poursuites on for fondement a act administrative, in which measures the validity of this act is it necessary to continue the proceedings ? In principle, when an act is annulled by the administrative judge, the proceedings are dropped However, even when a act administrative is judged legal by the judge administrative, its application is submitted to the penal judge (II). Annulment" of " act", " par the judge administrative : the abandonment of pursuits : The principle according to which the annulment of a act administrative trains the abandonment of pursuits is issue of a long evolution jurisprudential of the Court of Cassation This annulment a nevertheless of limits in criminal law A°) Evolution jurisprudential of the Court of cassation jusqu'à the abandonment of the poursuites : When the judge administrative annul a regulation autonomous container a contravention, the penal judge had to determine whether this annulment had a retroactive effect allowing the abandonment of the prosecution founded on this acte. [...]
[...] John Locke, English philosopher of 17th century and theorist of the law natural, is then restarted par the philosophes French of the Enlightenment century. John Locke uses the notion of execution by opposition to that of the will. Thus, the executive function of execution must be subordinate to the legislative function, in accordance with the separation of powers. The executive function would be a function of executing the laws. However, today, the administrative function is no longer a simple function of executing the laws. [...]
[...] The executive is not linked to the general principles revealed by the legislator. ; it takes advantage of the constitutional vagueness to assess different situations independently. When the administrative act is not contested, the penal law can be applied to it. to seize. Then that the law of the 16-24 aout 1790, said of separation of the powers distinguishes two jurisdictional orders between administrative jurisdictions and judicial jurisdictions, the executive interferes with the judicial order by developing standards establishing criminal sanctions. [...]
[...] The act in question respecte so normally the hierarchy of standards, and the hierarchy between administrative acts themselves. In principle, it can therefore be used by the penal judge as a legal basis for prosecution. The administrative act is mobilized in the same way as laws, and permits at judge penal, in accord with the principle of legality, of condemn the offenders to penalties as provided for the offenses committed. The distribution of competences allows to the Constitution of the Vème Republic to enclose the regulatory power. [...]
[...] However, administrative acts can be annulled by the administrative judge. In this case, the administrative act is considered to have never existed in the legal order. legal. In in principle, all the acts price on the foundation of this act juridique are also null. When administrative acts containing a penal sanction are annulled by the administrative judge, this poses a problem in penal matters. The Constitution of the 5th Republic of October 4th 1958 is the only Constitution of l'Histoire institutionnelle French who confers to the executive a power different that the simple application of the loi ; this here a fait emerge of new stake in the system juridical French. [...]
