Chapter 18

France

Dominique Mondoloni

Dominique Mondoloni

Willkie Farr & Gallagher LLP, France

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First published: 16 January 2013

Summary

The French legal system, adhering to the principles of civil law, uses courts of first instance, appeals courts, and a court of last resort to resolve both civil and criminal actions. Proceedings are traditionally heard by a panel of magistrates, the parties being generally represented by attorneys that assist the plaintiff and/or defendant. With the notable exception of divorce and juvenile proceedings, all trials are open to the public. Magistrates govern and enforce the French judicial system. Civil and criminal actions, although handled in different courts, have similar progressions in the French system. Civil actions are initially tried in a court of first instance. Verdicts can be re-evaluated by an appeals court and at the highest court, the Court of Cassation. Criminal tribunals are organized into three groups. Police tribunals hear petty offenses, tribunaux correctionnels hear mid-level crimes, and the cours d'assises hear the most serious offenses.

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