CODE OF CRIMINAL PROCEDURES
LexInter | August 6, 2017 | 0 Comments

CODE OF CRIMINAL PROCEDURE

CODE OF CRIMINAL PROCEDURE

Section II: Powers of the Attorney General to the Court of Appeal

Article 34

   The public prosecutor represents in person or through his substitutes the public prosecutor before the court of appeal and before the assize court established at the seat of the court of appeal, without prejudice to the provisions of article 105 of the Forestry Code and of article 446 of the Rural Code. He may, under the same conditions, represent the public prosecutor before the other assize courts within the jurisdiction of the court of appeal.

Article 35

(Law n ° 2004-204 of March 9, 2004 art. 64 Official Journal of March 10, 2004)
(Law nº 2007-297 of March 5, 2007 art. 7 I 1º Official Journal of March 7, 2007)

The Attorney General ensures the application of the criminal law throughout the jurisdiction of the Court of Appeal and the proper functioning of the prosecution services under his jurisdiction.
To this end, he leads and coordinates the action of the public prosecutors, with regard to both the prevention and the repression of offenses against criminal law, as well as the conduct of public action policy by the prosecutors under his jurisdiction. .
Without prejudice to the specific reports that he draws up either on his own initiative or at the request of the Attorney General, the Public Prosecutor submits to the latter an annual report on the activity and management of his prosecution as well as on the application of the law.
The public prosecutor has, in the exercise of his functions, the right to directly request the public force.

Article 36

(Law nº 93-2 of January 4, 1993 art. 3 Official Journal of January 5, 1993) 
(Law nº 93-1013 of August 24, 1993 art. 1 Official Journal of August 25, 1993 in force on September 2, 1993)
(Law n ° 2004-204 of March 9, 2004 art. 65 Official Journal of March 10, 2004)

The Attorney General may order the Public Prosecutors, by written instructions included in the proceedings file, to initiate or cause to be instituted proceedings or to refer to the competent court such written requisitions that the Attorney General deems appropriate.

               Article 37               

(Law n ° 2004-204 of March 9, 2004 art. 66 Official Journal of March 10, 2004)

The Attorney General has authority over all the officers of the public prosecution within the jurisdiction of the court of appeal.

Article 38

   Judicial police officers and agents are placed under the supervision of the Attorney General. He may instruct them to collect any information he considers useful for the proper administration of justice.

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