DISTRICT ATTORNEY
LexInter | October 3, 2010 | 0 Comments

DISTRICT ATTORNEY

The public prosecutor
( articles 39 to 44-1 of the code of criminal procedure)

The public prosecutor represents the public prosecution before the tribunal de grande instance, without prejudice to the provisions of article 105 of the forestry code and article 446 of the rural code.

He also represents the prosecution before the assize court established at the seat of the court.

He also represents the public prosecutor before the police court or the local court.

Substitutes for the public prosecutor

The public prosecutor can represent the public prosecutor through his deputies

Duties of the public prosecutor

The Public Prosecutor has powers in terms of alternatives to prosecutions , the setting in motion and exercise of public action, management of the judicial police, identity control and the execution of sentences.

Prevention of offenses against criminal law

Within the framework of his attributions, the public prosecutor sees to the prevention of the infringements of the penal law. To this end, he leads and coordinates within the jurisdiction of the tribunal de grande instance the crime prevention policy in its judicial component, in accordance with the national guidelines of this policy determined by the State, as specified by the Attorney General.

He is also consulted by the State representative in the department before the latter draws up the crime prevention plan.

Complaints and denunciations

The public prosecutor receives complaints and denunciations and assesses the follow-up to be given to them.

Investigation and prosecution of criminal law offenses

The public prosecutor carries out or has carried out all the acts necessary for the investigation and prosecution of offenses against criminal law.

Federal police

For the investigation and prosecution of offenses against criminal law. the public prosecutor directs the activity of the officers and agents of the judicial police within the jurisdiction of his court.

Custody

The public prosecutor controls the custody measures . He visits the custody premises whenever he considers it necessary and at least once a year; for this purpose, he keeps a register listing the number and frequency of checks carried out in these different premises. He sends the Attorney General a report on the custody measures and the state of the custody premises under his jurisdiction; this report is sent to the Keeper of the Seals. The Keeper of the Seals reports on all the information thus collected in an annual report which is made public.

Powers and prerogatives

The public prosecutor has all the powers and prerogatives attached to the quality of judicial police officer

In the event of flagrant offenses , he exercises the powers conferred on him by Article 68 of the Code of Criminal Procedure.

The public prosecutor may also request, depending on the case, the penitentiary integration and probation service, the competent service for supervised education or any person authorized under the conditions provided for in Article 81, sixth paragraph, to verify the material, family and social situation of a person being investigated and informing him of the appropriate measures to promote the social integration of the person concerned.
These procedures must be prescribed before any request for placement in pre-trial detention, in the event of proceedings against an adult under the age of twenty-one at the time of the commission of the offense, when the penalty incurred does not exceed five years. ‘imprisonment, and in the event of prosecution according to the immediate appearance procedure provided for in articles 395 to 397-6 or according to the appearance procedure on prior admission of guilt provided for in articles 495-7 to 495-13.
With the exception of the offenses provided for in Articles 19 and 27 of Ordinance No. 45-2658 of 2 November 1945 relating to the conditions of entry and stay of foreigners in France, in the event of prosecution for an offense liable to lead to against the pronouncement of a ban on French territory of a foreigner who declares, before any referral to the competent court, to be in one of the situations provided for by articles 131-30-1 or 131-30 -2 of the penal code, the public prosecutor cannot take any requisition of prohibition from French territory if he has not previously requested, depending on the case, the competent judicial police officer,the penitentiary integration and probation service, the competent service for the judicial protection of young people, or any person authorized under the conditions of Article 81, sixth paragraph, in order to verify the validity of this declaration. The public prosecutor may also resort to an association to help victims who have been the subject of an agreement by the heads of the court of appeal, in order to provide assistance to the victim of the offense.
If it appears to him that such a measure is likely to ensure compensation for the damage caused to the victim, to put an end to the disturbance resulting from the offense or to contribute to the reclassification of the perpetrator, the public prosecutor Republic may, prior to its decision on public action, directly or through the intermediary of a judicial police officer, a delegate or a mediator of the public prosecutor:
1 ° Remind the author of the facts of the obligations resulting from the law;
2 ° Refer the perpetrator to a health, social or professional structure; this measure may consist in the accomplishment by the perpetrator, at his expense, of an internship or training in a health, social or professional service or organization, and in particular a citizenship internship, d ” a parental responsibility course or an awareness course on the dangers of the use of narcotic products; in the event of an offense committed while driving a land motor vehicle, this measure may consist in the completion, by the perpetrator, at his expense, of a security awareness course road;
3 ° Ask the perpetrator to regularize his situation with regard to the law or regulations;
4 ° Ask the perpetrator to repair the damage resulting from them;
5 ° To proceed, with the agreement of the parties, to a mediation mission between the perpetrator and the victim;
6 ° In the event of an offense committed either against his spouse, his cohabiting partner or his partner bound by a civil solidarity pact, or against his children or those of his spouse, cohabiting partner or partner, ask the perpetrator to reside outside the domicile or residence of the couple and, where applicable, to refrain from appearing in this domicile or residence or in the immediate vicinity thereof, as well as, if necessary, to be taken into account. health, social or psychological burden; the provisions of this 6 ° are also applicable when the offense is committed by the former spouse or partner of the victim, or by the person having been bound to him by a civil solidarity pact,
The procedure provided for in this article suspends the limitation period for public action. If the mediation is successful, the public prosecutor or the public prosecutor’s mediator draws up a report, which is signed by himself and by the parties, and a copy of which is given to them; if the perpetrator has undertaken to pay damages to the victim, the latter may, in view of this report, request its recovery following the order for payment procedure, in accordance with the rules laid down by the new code of civil procedure.
In the event of non-execution of the measure due to the behavior of the perpetrator, the public prosecutor, unless there is a new element, implements a penal composition or initiates proceedings.
Return of objects

When no court has been seised or when the court seised has exhausted its jurisdiction without having ruled on the return of the objects, the public prosecutor or the public prosecutor is competent to decide, ex officio or on request, on the restitution of these objects when the ownership is not seriously contested.
There is no reason for restitution when it is likely to create a danger for people or property or when a special provision provides for the destruction of objects placed under the control of justice; the decision of non-restitution taken for one of these reasons or for any other reason, even ex officio, by the public prosecutor or the public prosecutor may be contested within one month of its notification by request of the person concerned before the criminal court or the correctional appeals chamber, which rules in the council chamber.
If restitution has not been requested or decided within six months of the classification decision or the decision by which the last court seised has exhausted its jurisdiction, the objects not returned become property of the State, subject to the rights of third parties. The same applies when the owner or the person to whom the restitution has been granted does not claim the object within two months from a formal notice sent to his domicile. Objects the return of which is likely to create a danger for people or property become property of the State, subject to the rights of third parties, as soon as the decision of non-return can no longer be contested,
Requisition of the public force

The public prosecutor has, in the exercise of his functions, the right to directly request the public force.
erritorial
jurisdiction The public prosecutor of the place of the offense, that of the residence of one of the persons suspected of having participated in the offense, that of the place of arrest of one of these persons, even when this arrest was made for another cause and that of the place of detention of one of these persons, even when this detention is carried out for another cause.
forward the procedure to the public prosecutor at the tribunal de grande instance closest to the jurisdiction of the court of appeal. This court is then territorially competent to hear the case, by way of derogation from the provisions of articles 52, 382 and 522. The decision of the public prosecutor constitutes a measure of judicial administration which is not subject to any appeal.
Police courts and local courts

The public prosecutor has authority over the officers of the public prosecution in the police courts and the local courts within his jurisdiction. He can denounce to them the contraventions of which he is informed and order them to prosecute. It can also, if necessary, request the opening of information.
Tickets and municipal police

For offenses that municipal police officers are authorized to record by report in accordance with the provisions of article L. 2212-5 of the general code of local authorities and which are committed to the detriment of the municipality under the one of his assets, the mayor can, as long as the public action has not been set in motion, propose to the offender a transaction consisting in the compensation of this damage.
The transaction proposed by the mayor and accepted by the offender must be approved by the public prosecutor.
The acts tending to the implementation or the execution of the transaction are interrupting the prescription of the public action.
Public action is terminated when the offender has fulfilled the obligations resulting for him from the acceptance of the transaction within the time limit.
The transaction may also consist of the performance, for the benefit of the municipality, of unpaid work for a maximum period of thirty hours. It must then be approved, depending on the nature of the offense, by the judge of the police court or by the judge of the local jurisdiction.
When one of these contraventions has not been committed to the detriment of the municipality but has been committed on the territory of the latter, the mayor may propose to the public prosecutor to proceed with one of the measures provided for in articles 41- 1 or 41-3 of this code. He is informed by the public prosecutor of the action taken on his proposal.
These provisions apply to contraventions of the same nature as the agents of the city of Paris in charge of a police service and the surveillance agents of Paris are authorized to record by report in accordance with the provisions of articles L. 2512-16 and L. 2512-16-1 of the general code of local authorities. These provisions also apply to contraventions of the same nature that the rural guards are empowered to record in accordance with article L. 2213-18 of the general code of local authorities.

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