THE VARIOUS CRIMINAL OFFENCES

The various criminal offences

Lawyer in Bastia, Lawyer in Corsica, Criminal law lawyer in Bastia

Criminal offences are acts or behaviour prohibited by law.

They are classified into three categories: contraventions, délits and délits. crimes.

Offences are acts or behaviour prohibited by law.

There are three categories of offence: contraventions, délits and crimes. They are classified according to their degree of seriousness. All are therefore liable to penalties.

I.- Minor offences: the least serious offences

Contraventions are the least serious offences. These are incivilities such as speeding or disturbing the peace at night.

They are classified according to their degree of seriousness, from the first to the fifth class. The first is the least serious and the fifth the most serious.

Contraventions do not carry a prison sentence. They are therefore subject to a fine, The amount of the fine depends on the seriousness of the offence. The fine may be accompanied by an additional penalty: suspension of driving licence, confiscation of weapons, obligation to complete a citizenship course, etc.

So it's the police court which judges offenders.

The limitation period for contraventions is one year. This means that the offender can no longer be prosecuted after this period, unless the investigation or prosecution has been carried out.

II - Offences: intermediate offences

Misdemeanours are more serious than fines These include theft, tax fraud, misappropriation of corporate assets, psychological harassment, sexual assault and manslaughter.

They are therefore punishable by a fine of €3,750 or more and up to 10 years' imprisonment.

Where the law so provides, the judge may also impose additional penalties:

-treatment order,

-confiscation of an object,

-posting of the sentence, etc.

For example, offenders are tried by the criminal court.

The limitation period for offences is six years. In certain cases (procuring or sexual assault of a minor, drug trafficking, for example), this period is extended.

Proceedings before the criminal court

The criminal court has jurisdiction to try a person suspected of having committed an offence (an act prohibited by law and punishable by a fine and/or a prison sentence of less than 10 years).

It can be entered in several ways.

The defendant (A person suspected of having committed a misdemeanour or a contravention and prosecuted before the police court or the criminal court) must be present or represented by a lawyer.

The victim may therefore be present and/or be represented by a lawyer. The court makes a decision that is appropriate to the seriousness of the offence, the personality of the convicted person, his or her resources and the harm suffered by the victim.

The decision can be contested by appeal (a legal remedy whereby a party to a legal action requests a new ruling on the case by a higher court) or opposition. (A civil or criminal legal remedy available to people who have not had a trial brought against them, enabling them to be tried again by the same court).

III - Crimes : the most serious offences

Crimes are the most serious offences assassination, rape, murder, robbery, terrorism, etc.

They are punishable by up to 15 years to life imprisonment.. The judge may also impose a fine or an additional penalty, such as confiscation of property or a treatment order.

La criminal court and the criminal court are the courts competent to judge the perpetrators of crimes.

The statute of limitations for crimes is 20 years. It is extended to 30 years for certain crimes: terrorism, cloning, organised drug trafficking, rape of a minor, etc.

A misdemeanour committed under aggravating circumstances can therefore become a felony. For example, theft is a misdemeanour, but when committed at gunpoint it becomes a felony.

The various criminal offences