Concept

French criminal law

Summary
Criminal law in France is one of the branches of the juridical system of the French Republic. The field of criminal law is defined as a sector of French law, and is a combination of public and private law, insofar as it punishes private behavior on behalf of society as a whole. Its function is to define, categorize, prevent, and punish criminal offenses committed by a person, whether a natural person (Personne physique en droit français) or a juridical person. In this sense it is of a punitive nature, as opposed to civil law in France, which settles disputes between individuals, or administrative law which deals with issues between individuals and government. Criminal offenses are divided into three categories, according to increasing severity: contraventions, délits, and crimes. The latter two categories are determined by the legislature, while contraventions are the responsibility of the executive branch. This tripartite division is matched by the courts responsible for enforcing criminal law: the police tribunal for infractions; the tribunal correctionnel for délits; the cour d'assises for crimes. Criminal law is carried out within the rules of criminal procedure, which set the conditions under which police investigations, judicial inquiries and judgements are carried out. Like the legal systems of other liberal democracies, French criminal law is based on three guiding principles: the principle of legality in criminal law, an illegal act (actus reus), and intent (mens rea). It has been influenced by various legal, ethical, and scientific philosophical movements over the centuries. While most of these influences are national in origin, European courts (such as the Court of Justice of the European Union and the European Court of Human Rights) have also influenced French criminal law. French criminal law was first codified during the French Revolution, resulting in the French Penal Code of 1791. Under the First Empire, Napoleon enacted the Penal Code of 1810, replaced by the French penal code of 1994.
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