Room of the instruction

The room of the instruction is a formation of judgment of a Court of Appeal, which essentially knows calls against the decisions of the examining magistrates and the judges of freedoms and detention (JFD). It was called court of criminal appeal before the law n° 2000-516 of June 15th, 2000 reinforcing the protection of the presumption of innocence and the rights of the victims (known as law on the presumption of innocence ).

Like the majority of the formations of judgment of the courses of call, the room of the instruction is made up of:

a president of room, especially named to chair this room, contrary to the other presidents of room of Court of Appeal, who can chair the rooms of the court in an undifferentiated way; this president of the room of the instruction has clean capacities in addition, in particular the control of the activity of the examining magistrates within the competence of the court.
two advisers, assessors.

A general substitute or a prosecuting attorney represents the public ministry. The audiences are held with a Greffier of room.

The room of the instruction has the statute of jurisdiction of instruction of the second degree. It can be a jurisdiction of first degree for the crimes and/or offenses made by the Magistrat S, Maire S, Préfet S and certain categories of Fonctionnaire S in the performance of their duty. It also has in certain cases the disciplinary statute of jurisdiction with regard to judiciary police officers (OPJ) like certain civil and military civils servant.

Its competences are multiple, it judges:

of the legal requests for rehabilitation
of the requests in correction of the mentions of the Police records
of the difficulties of execution of the decision of Court of Assizes
on the payment of the judges in the event of conflicts between two jurisdictions
it delivers its opinion on the cases of Extradition

In the courts with the armies

The court with the armies comprises a room of the instruction made up of a president, who are an adviser of Court of Appeal, and of two assessors, magistrates of the seat (articles 11 and 12 of the military Code of justice).

For the judgment of the crimes of common right made in the execution of the service by the soldiers, if there exists a risk of disclosure of a secrecy of national defense, the stop of committal for trial pronounced by the room of the instruction of the court to the armies orders that the court with the armies is composed of a president and six assessors (article 205 of the military Code of justice).

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