| Pierre Arpaillange | |
|---|---|
| President | François Mitterrand |
| Preceded by | André Chandernagor |
| Succeeded by | Pierre Joxe |
| Personal details | |
How do I get a lawyer in France?
Officers of the Department of State and U.S. embassies and consulates overseas are prohibited by federal regulation from acting as agents, attorneys or in a fiduciary capacity on behalf of U.S. citizens involved in legal disputes overseas. Department of State personnel, including its attorneys, do not provide legal advice to the public.
What is the English equivalent of the Attorney General?
The Justice in France. As an essential prerogative of State sovereignty, the Judiciary has a fundamental role, namely ensuring that laws are complied with and that the rights of each individual are protected. While remaining firmly rooted in its founding principles such as equality, impartiality and independence, the judiciary has shown itself ...
What does the Inspectorate General of the French justice do?
The Attorney General also holds the separate office of Advocate General for Northern Ireland. The Advocate General for Scotland has specific responsibility for …
Are there any international business law firms in France?
The French penal code that was modified in 2006 allows counterterrorism agents to investigate cases and testify anonymously by providing the judiciary with their administrative registration number. 27 An agent’s real identity can only be unveiled upon the decision of the attorney general at the Court of Appeal in Paris.
What is district attorney in France?
ministère publicministère public, in France, the office of public prosecutor, with the responsibility for prosecuting criminal cases and representing the interests of society in civil litigation. The ministère public is represented by agents (procureurs) in most of the courts of France, except police courts.
What is Le Parquet France?
In French law, the ministère public or le parquet is the authority charged with defending the interests of society and of the application of law. It is primarily made up of magistrates, but is sometimes represented by other persons such as police officials.
What is a Procureur in France?
In France, a procureur général is a prosecutor at a court of appeal (cour d'appel), at the Court of Cassation (Cour de cassation) or the Court of Audit (Cour des comptes).
Overview
Terminology
In France, the ministère public (in the person of an Attorney-general, a procureur de la République or one of his substituts or representatives) is designated as "le parquet" in legal jargon. The word parquet itself may have stemmed from the Old French, where it meant a "small park or enclosure". The term "parquet" goes back to the medievalexpression "parquet des Gens du Roi". The origin of this use and meaning of the word is not known with certainty, but the most probable hypothesis …
History
The ministère public first appears as a concept at the end of the 18th century, when the kings of France caused their interests to be defended by procureurs, or prosecutors, who little by little put themselves exclusively at the service of the kings. The parquet modeled itself little by little with procureurs, prosecutors, avocats, lawyers and substituts, designations which remain in contemporary French justice.
In the judiciary
One of the specifics of the parquet is that it is indivisible: each member represents the whole and the members are thus interchangeables. Any action by a member commits the entire parquet. In a trial, the magistrates of the parquet may mutually replace one another without stopping the proceedings, which is forbidden to the magistrates du siège results in their case of nullity of the judgment.
In the administrative order
In common law administrative jurisdictions (i.e. as opposed to specialised administrative jurisdictions), commissaires du gouvernement (government commissioners) existed, and were loosely related to the judiciary's ministère public, albeit their functions were closer to giving a general opinion on legal matters pertaining a case rather than actively defending the interests of society of the government, despite their name. Their transformation into rapporteurs publics in 2…
Before the tribunal des conflits
Article 6 of the law of February 4, 1850 bearing on the organisation of the tribunal des conflits provides that the functions of the ministère public will be filled by two commissioners of the government chosen every year by the President of the Republic, one from among the maîtres des requêtes on the State Council (Conseil d'État), the other from the parquet of the Cour de cassation. Le tribunal ne peut statuer qu'après avoir entendu les conclusions du commissaire du gouverne…
Non-independence of the parquet and condemnation of France
The parquet is not considered an independent judicial authority in the meaning of article 5 of the Convention de Sauvegarde des Droits de l’Homme et des Libertés Fondamentales. The European court for the rights of man condemned France in November 2010 for having conferred on it jurisdictional functions.
In 2013 the law was again modified, eliminating the oral instructions transmitted par the Chance…
See also
• Accusateur public [fr]
• Application des peines [fr]
• Opportunité des poursuites
• Procureur général
• Procureur de la République (France) [fr]
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