Appropriateness of the continuations
The appropriateness of the continuations belongs to the Public prosecutor. It is about a capacity which clean is conferred to him by article 40-1 of the Criminal procedure code. It can under the terms of this capacity to decide not to start continuations for a fact showing the characteristics of an infringement.
Examples
-
When a Infraction is noted, the prosecutor can continue, but it can also classify the business, even if it knows the authors of a Délit.
-
It can also split a file and give to the Examining magistrate only part of a file. When it is abusive, as in some politico-financial Affaires, this fractionation is commonly called " Saucissonnage ". The examining magistrate then has prohibition to inquire into the part which does not relate to it. It leaves its sasine then.
-
If a judge wishes to inquire beyond his sasine, it must require of the Parquet floor a Extension of sasine which can be to him refused. Thus, if an examining magistrate discovers new facts in an alleviating business at the beginning, it must inform of it the Parquet floor which judges appropriateness of the continuations.
-
the Parquet floor being subjected to a political hierarchy (the Direction of the criminal cases and graces and the Minister of Justice), the political power thus controls the field of investigation of the examining magistrate. It was not deprived to intervene in the investigations of the politico-financial Affaires relating to the Secret funding of the political parties.
-
if the Public ministry (the parquet floor) decides not to continue the repression of the infringement, the victim can decide to seize itself the magistrates' court by Voie of direct quotation if the elements of which it lays out, characterize sufficiently the infringement and allow the identification of its author. In the contrary case, the victim can seize the Examining magistrate of a Plainte with constitution of civil part so that the survey carried out by this judge makes it possible to make the light on the denounced facts.
See too
| Random links: | List publications by editors - Lombard - R | Technical university Gh. Asachi | Parish of Lincoln | Buddhist congregation Dharmaling | Ulumuri | Liste_d'inspecteurs_du_Groenland |