The Court of Appeal is a court of the second level of the judiciary in civil, criminal, commercial and administrative matters in the Principality of Monaco. [1] The Court of Appeal judges on appeals of judgments delivered by the Court of First Instance. [1] The Court of Appeal has a remarkable position in the Monegasque justice system due to its regulatory function, which is both judicial and legal. [1] On the legal side, many of the Court’s judgments constitute law references establishing the Monegasque State of Law. On the judicial side, the Court contributes to guaranteeing that the institution of justice will comply both with law and professional ethics. [1]
The Court was established in 1965 [2] and is composed of a President, a Vice President and a maximum of two advisers. [1]
As of 2021 Court of Appeal consists of the following members:
The Court of Cassation is one of the four courts of last resort in France. It has jurisdiction over all civil and criminal matters triable in the judicial system; it is the supreme court of appeal in these cases. It has jurisdiction to review the law, as well as to certify questions of law, to determine miscarriages of justice. The Court is located in the Palace of Justice in the 1st arrondissement of Paris.
In France, the Conseil d'État is a governmental body that acts both as legal adviser to the executive branch and as the supreme court for administrative justice, which is one of the two branches of the French judiciary system. Established in 1799 by Napoleon as a successor to the King's Council, it is located in the Palais-Royal in Paris and is primarily made up of top-level legal officers. The Vice President of the Council of State ranks as the ninth most important civil servant in France.
Denis Robert is a French investigative journalist, novelist and filmmaker. He formerly worked for twelve years for the newspaper Libération. Robert's books, films and press interviews, denouncing the opaque workings of the Clearstream clearing house, earned him into more than 60 lawsuits in France, Belgium and Luxembourg by banks, such as Bank Menatep and BGL, as well as the Clearstream company. In 2008, he was involved in a polemic with Philippe Val and journalist Edwy Plenel in relation to the Clearstream affair.
French law has a dual jurisdictional system comprising private law, also known as judicial law), and public law.
The legal year, in English law as well as in other common law jurisdictions, is the calendar during which the judges sit in court. It is traditionally divided into periods called "terms".
The Supreme Court is the highest civil and criminal court in Burundi. It has nine members, including the Court President, who are nominated by the Judicial Service Commission and appointed by the President of the Republic after the approval of the Senate. The court's president is referred to as the Chief Justice.
The Monegasque Supreme Court is the highest court of law in the city-state of Monaco for judicial appeals, administrative matters as well as ensuring the constitution of Monaco is upheld. It consists of three full judges and two assistant judges, appointed by the Prince of Monaco at the recommendation of the National Council of Monaco, the Crown Council, the Council of State, the Court of First Instance and the Court of Appeal. This is done in the ratio of one judge per institution. The Supreme Court was established in 1962 following the new constitution to guarantee fundamental liberties.
The Tribunal judiciaire de Paris, located at the Judicial Campus of Paris in Batignolles, is the largest court in France by caseload. It replaced the capital's former Tribunal de grande instance and Tribunal d'instance under an amalgamation of jurisdictions that came into effect on January 1, 2020.
The Bouvier Affair was a number of international lawsuits that started in 2015, and subsequent events. The lawsuits allege that Swiss art shipper and dealer Yves Bouvier defrauded his clients by misrepresenting the original cost of art works and subsequently overcharging them. The affair has played out in courts in Monaco, Switzerland, France, the US, Hong Kong and Singapore.
In French law, the ministère public or le parquet is the authority charged with defending the interests of society and of the application of law. It is primarily made up of magistrates, but is sometimes represented by other persons such as police officials. Its magistrates can be referred to as "standing" magistrates, as opposed to magistrats du siège. Its closest equivalent in some English-speaking countries is the director of public prosecutions and the attorney general in others.
In France, a cour d’appel of the ordre judiciaire (judiciary) is a juridiction de droit commun du second degré, a. It examines judgements, for example from the correctional tribunal or a tribunal de grande instance. When one of the parties is not satisfied with the verdict, it can appeal. While communications from jurisdictions of first instance are termed "judgements", or judgments, a court of appeal renders an arrêt (verdict), which may either uphold or annul the initial judgment. A verdict of the court of appeal may be further appealed en cassation. If the appeal is admissible at the cour de cassation, that court does not re-judge the facts of the matter a third time, but may investigate and verify whether the rules of law were properly applied by the lower courts.
In France, the tribunal correctionnel is the court of first instance that governs in penal matters over offenses classified as misdemeanors and committed by an adult. In 2013, French correctional tribunals rendered 576,859 judgments on action publique, pronounced 501,171 verdicts and homologué 67,983 compositions pénales.
Pierre Truche was a French magistrate. He notably prosecuted Klaus Barbie during his trial in 1987.
The Ministry of Justice is a ministerial department of the Government of France, also known in French as la Chancellerie. It is headed by the Minister of Justice, also known as the Keeper of the Seals, a member of the Council of Ministers. The ministry's headquarters are on Place Vendôme, Paris.
Hubert Charles (1925-2017) was a French-Monegasque judge and lawyer, Honorary Professor of Law at the University of Nice Sophia-Antipolis, President of Supreme Court of Monaco from 2007 to 2012, Honorary President of the Supreme Court of Monaco. Charles was particularly known for his work in administrative law and town planning law.
Commission Supérieure des Comptes is a supreme public audit institution in the Principality of Monaco. Its main functions are audit of the accounts, budgetary and financial management of Monaco, the commune and public institutions. The Board of Auditors is required to submit annual reports to the Prince of Monaco. The reports provide the analysis of the accounts of the State of Monaco and are available on the official portal of the Board of Auditors. The Board of Auditors is a member of the International Organization of Supreme Audit Institutions (INTOSAI). Current Chairman of the Board is Jean-Pierre Gastinel, the Honorary Chamber President at the Court of Auditors (Paris).
The Court of Revision is the highest judicial court in the Principality of Monaco. The Court rules on all matters concerning violation of the law, and on appeals against any last resort decision or final judgment of the court. The jurisdiction of the Court of Revision is regulated by Article 25 of the Law no 783 July 15, 1965 from 15 July 1965 on judicial organization. By statute, the Court of Revision consists of seven judges: a President, a Vice-President and five advisors. The Court of Revision is a member of the Francophone Association of High Courts of Cassation (AHJUCAF). As of 2021 the president of the Court of Revision is Cécile Chatel Petit, Honorary First Advocate General at the First Civil Chamber of the French Court of Cassation, former member of the Superior Council of the French Magistracy.
The High Council of Judges and Prosecutors is a collegial body invested with a preponderant role within the framework of the administration of justice of the Principality of Monaco. The High Council of Judges and Prosecutors was instituted by the law n° 1364 of November 16, 2009 relating to the statute of the magistracy. In November 2018, the new members of the High Judicial Council have been introduced in their new functions, under the chairmanship of Laurent Anselmi, Director of Judicial Services.
This glossary of French criminal law is a list of explanations or translations of contemporary and historical concepts of criminal law in France.