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Office of the Director of Public Prosecution - Theory and Practice of the Procedure

NCJ Number
89375
Author(s)
P Chambon
Date Published
1978
Length
298 pages
Annotation
This exhaustive text discusses the legal principles and practical conduct of investigative hearings in the French justice system, designed to weigh the merits of a case before its admission to trial by a court of first instance or appeal.
Abstract
It reviews the origins of the practice, compares it to the Anglo-Saxon grand jury, and cites French procedural codes that establish the preliminary hearing. Details are explained regarding the composition of the presiding body of magistrates, rights and obligations of the contesting sides, procedural steps, decisional options, the deliberation process, and documentation of the hearing, its consequences, and possibilities of reconsideration. Specific instances requiring investigative hearings are delineated in terms of precedent, particularly with respect to appeals decisions. An index and excerpts from the legal codes are provided.