Public Prosecutor (France)
In France, the Public Prosecutor is the magistrate of the public prosecutor's office responsible for criminal prosecution within the of a. The prosecutor is assisted by deputy prosecutors and assistant prosecutors, who are also magistrates, and together they form the prosecutor's office of a judicial court.
The French Ministry of Justice explains that:
History
The role of the prosecutor emerged in the 14th century within the legal profession, at the request of the parliaments. Its title and functions were inspired by procedures developed within the courts of the Inquisition.As,, recalled in his opening speech at the symposium on :
Status
Membership in the magistracy
Prosecutors of the Republic and their deputies, as well as prosecutors general, their respective deputies,, judges, and, are part of the magistracy. They are therefore subject to the provisions of the ordinance of establishing the organic law on the status of the magistracy.Hierarchical principle
Unlike judges, the prosecutor, along with their, is part of the "standing magistracy," so named because its members stand during hearings to present their, in contrast to the, whose members, the judges, remain seated throughout the proceedings.Several factors distinguish them from judicial bench magistrates in their status. Article 5 of the aforementioned ordinance states:
Thus, the prosecutor's office is hierarchical, meaning that the Public Prosecutor has authority over their deputies and is, in turn, subject to the instructions and directives of the Prosecutor General at the within their jurisdiction. All members of the prosecutor's office are ultimately accountable to the Keeper of the Seals, Minister of Justice, and thus to the executive branch.
While judicial bench magistrates are appointed with the binding opinion of the under Article 28 of the ordinance, prosecutor's office magistrates are appointed based on a non-binding opinion, which does not constrain the Keeper of the Seals.
Like judicial bench magistrates, Prosecutors of the Republic are appointed by of the President of the Republic. Prosecutors General, however, are appointed by.
As a result of the hierarchical structure of the prosecutor's office, prosecutors and their deputies do not benefit from the immovability guarantee afforded to judicial bench magistrates. However, the 1958 ordinance grants them freedom of speech during hearings to present requisitions they deem appropriate, including requests for discharge or acquittal.
From a statutory perspective, the Public Prosecutor is a magistrate of the "first grade". This means that appointment as a Public Prosecutor is only possible after being listed on the first-grade advancement table. In practice, the magistrate will typically have held at least one first-grade position before being appointed prosecutor.
Attire
Like judicial bench magistrates, Prosecutors of the Republic wear attire specified in Table 1, annexed to the. For the Court of Cassation and Courts of Appeal, this consists of a black robe for regular hearings and a red robe for. In other jurisdictions, a black robe is worn. Deputies typically wear only the black robe.European Court of Human Rights ruling
On, the European Court of Human Rights, in its Medvedyev 1 ruling, determined that the prosecutor cannot be considered a judicial authority under Article 5 of the Convention:Responsibilities
In criminal matters
In France, the Public Prosecutor has a dual role: a "political" mission and a sovereign mission. Their responsibilities are defined in the Code of Criminal Procedure.Political mission
As a member of the judicial hierarchy, the Prosecutor must implement the government's criminal policy, pursuant to, among others, Article 30 of the Code of Criminal Procedure:Thus, based on government priorities, such as road safety, prevention of violence against individuals, or combating terrorism, the prosecutor will redirect the efforts of their office, reporting to the General Prosecutor. In recent years, successive governments have implemented "urban policies" in which prosecutor's offices are sometimes closely involved, through prosecutors' participation in local bodies, awareness campaigns, and educational initiatives in schools.
Sovereign mission
The responsibilities of the Public Prosecutor are outlined in Articles 1 and 31 of the Code of Criminal Procedure:- Criminal prosecution for the enforcement of penalties is initiated and conducted by magistrates or officials to whom it is entrusted by law.
- The public prosecutor's office conducts criminal prosecution and requests the application of the law.
When they consider that the facts brought to their attention under Article 40 constitute an offence committed by a person whose identity and residence are known, and for which no legal provision prevents the initiation of criminal prosecution, the territorially competent Public Prosecutor decides whether it is appropriate:
- 1° To initiate prosecution;
- 2° To implement an alternative procedure to prosecution under Articles 41-1 or 41-2;
- 3° To close the case without further action if the specific circumstances of the offence justify it.
Initiating prosecution
In this context, the Public Prosecutor, who holds the powers of a judicial police officer, oversees the activities of judicial police officers and agents within their jurisdiction.As such:
- They must be informed of crimes and committed in flagrante, direct necessary investigations, and oversee measures, authorizing extensions.
- They order and direct preliminary investigations for non-flagrant cases.
- They decide to open a judicial investigation by referring the case to an investigating judge, mandatorily for criminal matters, optionally for misdemeanor matters unless otherwise provided by law, or even for contravention matters.
Alternatives to prosecution
Based on the nature of the offence and resulting harm, the Public Prosecutor may opt for alternatives to prosecution:- Under Article 41-1 of the Code of Criminal Procedure:
- Under Article 41-2 of the Code of Criminal Procedure. This involves penal composition, allowing the Public Prosecutor, for certain contraventions and misdemeanors, to propose one or more obligations to the offender. The accused may be assisted by a lawyer. The accepted penal composition is submitted for validation by the president of the.
- Under Article 44-1 of the Code of Criminal Procedure. Introduced by Law No. 2007-297 of, this provision grants the mayor the power to negotiate with offenders for contraventions identified by municipal police under Article L2212-5 of the General Code of Local Authorities. The accepted transaction is submitted for approval by the Public Prosecutor.
Case closure without further action
- Absence of a criminal offence
- Insufficient evidence
- Inability to identify the alleged offender
- Amnesty or expiration of the statute of limitations.
In civil matters
This is the least known function to the general public but remains highly significant.The civil and administrative responsibilities of a prosecutor's office are managed by the civil service within the judicial court, where the prosecutor's office is based. These include handling matters related to:
- .
- Judicial experts.
- Guardianship managers.
- Oversight of civil registry services.
- Disciplinary sanctions for pharmacists, medical biologists, and dentists.
- Jurisdictional challenges.
- International judicial assistance in civil and commercial matters.
- Civil aspects of international child abduction.
- Posthumous marriages.
- Annulment of marriages.
- Nationality cases.
- Inspections and oversight of psychiatric institutions and disputes over requests to lift compulsory placements.
- Adoptions.
- Enforcement of foreign judgments.
- Incapacitated adults.
Under Articles 421 to 429 of the Code of Civil Procedure, the prosecutor's office may—and in some cases must—intervene as a principal or joined party in civil proceedings through written submissions handled by the civil service. Articles 423 and 424 specify that the public prosecutor's office may act as a principal party "to defend public order in response to facts that undermine it" and as a joined party "to provide its opinion on the application of the law in a case it has been notified of."
In constitutional matters
The role of the Public Prosecutor in addressing is limited to providing an opinion. They must be informed of each question raised and may provide an opinion through oral requisitions or a written submission. If the opinion is a separate, reasoned written document, it is forwarded to the Court of Cassation if the question is referred. Between and, the prosecutor provided a favorable opinion in 55% of cases referred to the Court of Cassation for priority constitutional questions.In the media
As an exception to the principle of confidentiality of investigations, the Public Prosecutor may, "on their own initiative or at the request of the investigating court or parties, disclose objective procedural elements that do not assess the merits of charges against the accused" to "prevent the spread of incomplete or inaccurate information or to address a disturbance to public order."This provision was introduced by the. Previously, journalists relied on investigating judges. Communication with the media is now part of prosecutors' continuing education.
Specific responsibilities of the Prosecutor General
The Prosecutor General has the following exclusive prerogatives:- 1. Right to file an appeal beyond the appeal deadline available to the Public Prosecutor.
- 2. Ability to be seized by a complainant through a hierarchical appeal in case of a complaint closed without further action by the Public Prosecutor.
- 3. Right to initiate criminal prosecution.
These provisions highlight the hierarchical nature of the prosecutor's office, further reinforced by the Prosecutor General's authority to directly requisition public forces, whose members, including agents and, are under their supervision.