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Terms in this set (11)
Principle (in criminal law)
Anyone who commits a crime can be prosecuted
The State prosecutes those charges with the crime :
the State are going to prosecute the people who are accuse of having committed a crime
Crime in France
three categories of infractions :
- contravention : minor infractions
-délit : a bit more serious
- crime : really serious
Crime in England
is a synonym of infraction and offence, you refers to one specificity of categories of infractions. A crime doesn't have anything to do with the gravity of the infraction. Example : If I kill someone, it's a crime ; If I drink and I drive, it's a crime.
To prosecute :
To take someone to Court / To strart legal proceedings against someone.
Another term with the same meaning (of to prosecute)
What is the difference between « to prosecute » and « to sue »
- To prosecute = is when you take someone in front of Criminal Court
- To sue = is when you take someone in front of Civil Court
Rights in custody
- The right to be informed of the charges against him / what is he accuse of
- The right to remain silence
- The right to call a relative/employer
- The right to call my embassy/consulate if I am a foreign citizen and I don't speak french
- The right to ask to be examine by a doctor
- The right to ask to be assisted by and interpreter if I don't understand
- The right to be assisted by a lawyer
a skim/font set up by the State in order to pay the lawyer that go to the police station when he is in duty/call
The role of the lawyer during questionning in France
- When he arrives at the police station, he doesn't know the police case, the evidence that they have againts the client.
- Lawyer will ask to meet his client in private and they will discuss.
- He doesn't the right to interrupt, he can't stop the questions.
- He can make some remarks at the end of the questionning.
The role of the lawyer during questionning in the UK
- When he arrives at the police station, the police has to tell the lawyer what is the evidence that they have against the client, the police have to disclose their case.
- During the police questionning, the lawyer has the right to break the interwiew. To tell to his client « I don't want you to answer that question ».
- He hot the right to say that he want to break the interwiew in order to speak in private with his client.
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