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Police tribunal (France)

From Wikipedia, the free encyclopedia

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A police court in France is a criminal court which judges all classes of minor offenses (contraventions) committed by adults. More serious offenses are judged by a correctional court (tribunal correctionnel) for délits (middling-level crime[a]), or by a cour d'assises for a serious crime.

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Composition

The police court sits at the tribunal d'instance and is composed of a juge d'instance and a court clerk (greffier). The ministère public is represented by the procureur de la République or one of his representatives, known as substituts (substitutes) if the offense is a fifth-degree petty infraction (contravention).

Jurisdiction

Jurisdiction of subject (ratione materiæ)

The police tribunal handles contraventions, except offenses punishable by a penalty of imprisonment or of fines greater than 3,000 euros, voire 4,000(? -t) euros[1] of the Code of criminal procedure.[failed verification] The version approved November 18, 2016 provides for a few exceptions, such as an edict of the Conseil d'État.[2] The police tribunal is also competent d'attribution, meaning it also has jurisdiction in matters of customs, as provided by Article 356 of the Code des douanes, Code of Customs,[3] which specifies that "The police courts hear customs offenses and all customs-related matters raised by way of exception."[b]

Jurisdiction of place (ratione loci)

The police tribunal may handle infractions from any of the following relevant scopes of authority:

  • place of the infraction's commission or discovery
  • of the defendant's residence
  • site of an impounded subject vehicle

The other compétence rules are identical to those of the tribunal correctionnel, (correctional tribunal).

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See also

References

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