Paper Topic:

What is the role of the criminal defense lawyer in France?

Introduction

The role of the criminal defense attorney in France is characterized by the objective that criminal trials are focused on the accused person and his confrontation with the accusation against him . Although in recent years French criminal proceedings have been tempered to comply with the European Convention on Human Rights , by and large the proceedings remain to a large degree accusatory but less inquisitorial in nature . As a result the role of the criminal defense attorney throughout the French criminal trial has expanded , but only slightly to include duties beyond

acting purely as an observer and an advisor to his client

Changes in the criminal process were introduced by virtue of the Penal Procedure Code 2000 and purport to bring the French criminal justice process in line with the European Convention . The role of the criminal defense attorney is defined by the stages through which the defendant moves through the system

Pre-Trial Detention

In general a suspect in custody has a right to consult with legal counsel within a reasonable time following his or her arrest Previously , under the Penal Procedure Code 1993 a suspect could be detained for at least 21 hours before he was permitted access to legal counsel . Be that as it may the investigative process requires very little input from the defense attorney since this process is generally directed by the judiciary . Unfortunately , more often than not defendants are held in custody for excessive periods of time as a result of inordinate delays in bringing the suspect to trial . The Bureau of Democracy , Human Rights and Labor reports that

The judicial system has been criticized by credible sources for its inability to process suspects quickly . Some suspects spend many years in prison before a trial even starts . According to the Prison Administration , as of January 1 , approximately 18 ,100 of the 51 ,411 persons held in jails and prisons were awaiting trial

France is said to have more unconvicted persons in custody than any other country in Europe including Turkey and East Germany prior to unification

Typically there are two pre-trial proceedings in which the criminal defense attorney 's role is limited by necessary implication . The French process is predicated on a theory of centralism . In other words France emphasizes centralized authority in policing ' The revised Penal Code has attempted to shift away from centralization , but police autonomy remains characteristic of the criminal process although to a lesser extent . Previously the police were at liberty to detain a person longer than the permissible twenty-four hour time frame by merely making an application for an extension of time by virtue of a grade a vue hearing before one of the examining magistrates

Reconstruction of the criminal process to bring it in compliance with the European Convention on Human Rights attempts to emphasize the Presumption of Innocence doctrine and likewise extends the role of the criminal defense attorney . Herbert Jacob maintains that the primary purpose is to make it more difficult to incarcerate people before trial ' Moreover...

11 pages

57.5 KB

Free sing-up