|Magistrates of the prosecutor representing the State before the national
The members of the public prosecutor’s office are appointed public prosecutor, deputy public prosecutor, first substitutes, substitutes
The public prosecutor exists with the tribunal de grande instance .
The Public Prosecutor’s Office (also called the Public Prosecutor’s Office ) is responsible for ensuring on behalf of the company and in the general interest of the application of the laws.
The Public Ministry intervenes in the penal field from the beginning of the prosecution until the execution of the sentences. He also intervenes occasionally at the civil, commercial or social level.
The Public Prosecutor’s Office is present in commercial proceedings and in particular in bankruptcy proceedings. He applies to the commercial court and he can seize this court ex officio in the case of companies in serious difficulty.
Public prosecution and offenses
The public prosecutor is informed by the police and the gendarmerie of the violations noted. He also receives complaints from victims.
Once informed of the offense, the public prosecutor decides either to dismiss it or to prosecute.
The prosecution may request an investigation which will be entrusted to the investigating judge.
|Public prosecution and public action
The public prosecutor , which receives complaints and denunciations, freely assesses the follow-up to be given to them. This discretion as to the initiation of the prosecution comes under what is known in French law as the principle of discretionary prosecution ..
The public prosecutor can decide not to prosecute and take a dismissal decision without further action . It is he who decides on the initiation of proceedings, sometimes in competition with the civil party .
The prosecution, the main part of public action, ensures its exercise. It is the public prosecutor who requests information by means of an introductory indictment, which decides whether it is necessary to proceed by direct summons. The public prosecutor may request additional information. He makes requisitions at the hearing on the existence of the offense, on the responsibility of the accused and on the extent of the sentence.
The public prosecutor has no provision for public action ( Cass.crim. September 28, 2004 ). If the proceedings establish the innocence of the accused, the public prosecutor must request the release and rely on the court to put an end to the public action.
During the criminal trial the public prosecutor is represented by the prosecutor or his deputy. The prosecution represents the public interest. He demands in the name of the law, he supports the accusation and asks for the sanctions.
It implements the execution of the sentence.
The public prosecutor in the judicial organization
Article L122-1 to L 122-3 of the Code of judicial organization
At the Court of Cassation, in the courts of appeal and the high courts, the public prosecution is exercised by magistrates belonging to the judicial body; the rules applicable to their appointment are set by the statute of the judiciary.
Before the other jurisdictions, the public prosecution is exercised either by magistrates of the judicial body, or by persons empowered under the conditions provided for by the texts organizing these jurisdictions.
The public prosecutor is exercised, in all matters, before all the jurisdictions of the first degree within the jurisdiction of the tribunal de grande instance by the public prosecutor.
The public prosecutor is exercised, in all matters, before all the courts of the second degree and the courts of assizes instituted within the jurisdiction of the court of appeal by the general prosecutor.
Public prosecution and criminal procedure
( Articles 31 to 33 of the Code of Criminal Procedure)
The public prosecutor exercises public action and requires the application of the law.
He is represented in each criminal court.
He attends the debates of the trial courts; all decisions are pronounced in his presence
He ensures the execution of court decisions.
He is required to take written requisitions in accordance with the instructions given to him under the conditions provided for in Articles 36, 37 and 44. He freely develops the oral observations that he considers appropriate for the good of justice.
CRIMINAL PROCEDURE PUBLIC MINISTRY AND INSTRUCTION
Public prosecution and civil procedure
CPC provisions concerning the Public Prosecutor’s Office
Articles 421 to 429 of the Code of Civil Procedure
The public prosecutor can act as a main party or intervene as an added party. He represents others in the cases that the law determines.
The public prosecution main part
The public prosecutor acts ex officio in the cases specified by law.
Defense of public order
Apart from these cases, he can act for the defense of public order on the occasion of the facts which undermine this one. ( article 423 of the Code of Civil Procedure)
The public prosecutor joined
The public prosecutor is an added party when it intervenes to make known its opinion on the application of the law in a case of which it has access.
The public prosecutor must be informed of:
1 ° Matters relating to filiation, the organization of the guardianship of minors, the opening or modification of the guardianship of adults;
2 ° Procedures for the provisional suspension of prosecution and collective settlement of liabilities, personal bankruptcies or other sanctions and with regard to legal persons, procedures for judicial settlement or liquidation of assets, procedures for judicial reorganization and liquidation , as well as cases relating to the pecuniary liability of company directors.
The public prosecutor must also be informed of all cases in which the law stipulates that he must make his opinion known.
The public prosecutor may take notice of those of other cases in which he considers it necessary to intervene.
The judge can of his own motion decide to communicate a case to the public prosecutor.
The communication to the public prosecutor is, except special provision, made at the behest of the judge.
It must take place in good time so as not to delay the judgment.
When there is communication, the prosecution is notified of the date of the hearing.