STARTING WITH A COMPLAINT FILED AGAINST AN OFFENDER BY :

• THE POLICE

• A VICTIM : either individuals or companies

• A GOVERMNENTAL AGENCY : such as the Tax Department, Fraud Department...

THE CLAIM IS REVIEWED AND EXAMINED EITHER BY :

I - THE PROSECUTION SERVICE OF THE REPUBLIC

AFTER HAVING CONDUCTED A POLICE INVESTIGATION, THE PROSECUTOR CAN TAKE ONE OF THE FOLLOWING DECISIONS:

• CLOSE THE CASE: nevertheless, the victim can still sue the offender in Civil Court; (see below II ).

• BRING THE CASE DIRECTLY BEFORE THE COURT : for criminal offences not qualified as major crimes (up to 10 years imprisonment) and that do not require serious investigation by an examining judge;

• BRING THE CASE BEFORE AN EXAMINING JUDGE: for criminal offences that require further investigation, major crimes (i.e.: murder, rape, robbery...)

• The Prosecutor can request that the Defendant be detained during the investigation or during the trial, such detention be determined by the Judge of Liberties.

II - THE EXAMINING JUDGE :

THE CASE WILL BE REFERRED TO THIS JUDGE :

• BY THE PROSECUTION ( see above )

• DIRECTLY BY A VICTIM: for imprisonable offences.

The Examining Judge will require that the complainant pay a deposit before investigation starts in case of abusive action.

AUTHORITY AND RESPONSBILITY

COMPLETE INVESTIGATIVE AUTHORITY: collection of evidence of guilt or innocence of the accused . He instructs the police to help him carry out his investigation. He will question witnesses, requests opinions from experts, order reenactment at the scene of the crime...

Once the investigation is concluded, the Examining Judge issues on whether the suspect must be sent to Court for Trial or, be discharged. His decisions can be appealed.

III - THE JUDGE OF LIBERTIES AND DETENTION:

He is a judge appointed by the President of the Upper Court of First Instance, who decides whether to release or to detain the accused before trial if after holding an adversary hearing, he thinks detention is necessary to prevent tempering with the evidence or witnesses, further criminal activity , flight of the accused. The detention order is limited to 4 months and can be renewed once.

The intention of this institution is to separate the investigative power from the power of detention.

CRIMINAL JURISDICTIONS:

1. TRIBUNAL DE POLICE: (Magistrate's Court, Justice of the Peace) minor offences.

2. TRIBUNAL CORRECTIONNEL: (District Court) criminal offences that are not considered as major (theft, bankruptcy crimes, racketeering, fraud, assault and battery...) punished by prison up to 10 years, depending on the crime.

3. COUR D'ASSISES: ( Crown Court ) major crimes.

It is the only Court with a Jury composed of: 1 Chief judge, 2 associate judges, all 3 being professional judges and 9 jurors.

Appeal lies before the Court of Appeal and for major crimes, before a specific Court called the Cour d'appel d'Assises.

Cour de Cassation ( High Court or Last Appellate Court) : before the criminal chamber