Criminal proceeding in French law in the context of Investigating judge (France)

⭐ Core Definition: Criminal proceeding in French law

A criminal proceeding in French law (French: action publique, lit. 'public action') is one carried out in the name of society against a person accused of a criminal offense by applying the French penal code. It is taken in the name of society, in that its goal is to stop disruption of public order, and not to abate personal damages done to a specific person, which is governed by French civil law.

The proceeding is undertaken by the Public Prosecutor's Office (Ministère public), against perpetrators or accomplices accused of an infraction.

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👉 Criminal proceeding in French law in the context of Investigating judge (France)

In French criminal law, the investigation phase (instruction) in a criminal proceeding is the procedure during which an investigating judge (juge d'instruction) gathers evidence on the commission of an offense and decides whether to refer the persons charged to the trial court.

The investigating judge is the first instance of investigation. In the second instance (appeals), the investigating chamber of the French courts of appeal have jurisdiction. They rule on appeals of decisions by the investigating judges and of decisions by the liberty and custody judge (juge des libertés et de la détention).

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