The French legal system

Judicial system 3
Administrative courts 7
Training of judges and
personnel in the justice system 8
The criminal proceedings 10
Juvenile Justice system 11
Sentence application and
prison system 13
 Judicial System

Constitution and institutional system

The fifth French Constitution was promulgated on

October 4, 1958. The Constitution is the highest norm
in the internal hierarchy. The Constitutional Council
in 1971 cited the Constitution’s Preamble and the
Declaration of the Man and of the Citizen (1789) as
texts included in the Constitutional Principles.
Moreover, the Fundamental Principles of the
Republic expressed by the Constitutional Council and
the Environment Charter of 2004 are also part of the
“constitutional block”.

The Constitution can be amended either by the French

congress (joint session of both chambers of Parliament)
or by referendum.

The French Constitution was fondamentaly changed

Constitutional Council members are appointed for nine
on 23 July 2008 by the constitutional revision bill of
years (three every three years). Three are appointed by
modernization of the institutions of the Fifth
the President of the Republic, three by the President of
Republic. All branches of Government are affected
the Senate and three by the President of the National
by this reform. First, the exercise of the Executive
Assembly. Former Presidents of the Republic are ex
power is modified. The revision puts an end to the
officio life members of the Constitutional Council.
ambiguous diarchy between the President of the
Republic and the Prime Minister. Indeed, it The 1958 Constitution establishes a Democracy
recognises the supremacy of the President of the based on the Separation of Powers.
Republic while it limits his prerogatives. Secondly, a
set of measures is devoted to the legislative power The Executive branch is headed by the Prime
with the goal to restore to favour the role of Minister and the President of the Republic.
Parliament by eliminating some of the harsher
instruments of rationalized parliamentarianism The President of the Republic is directly elected for
introduced in 1958. Thirdly, the constitutional a 5-year term renewable one time. He is the Head
revision deals with judicial power and citizens rights of State and the Commander in Chief of the Army.
and certainly the most noteworthy provision here is His powers are defined by the Constitution. He
the introduction of a new form of a posteriori appoints the Prime Minister and puts an end to the
constitutional review of legislation. appointment when this one resigns.

The Constitutional Council has the power to interpret On the proposition of the Prime Minister, the President
the highest French and International norms; it also appoints the other members of Government.
ensures that the Constitution, the Constitutional
Texts and Principles are upheld. By interpreting The President of the Republic promulgates the laws after
article 55 of the Constitution, the Constitutional their adoption by the Parliament. He can dissolve the
Council has indicated that International and National Assembly and call for early elections.
European Treaties are the highest norms. Therefore,
the Constitution must be reviewed if it is contrary to The Legislative branch is bicameral. The National
any Treaty prior to their ratification. Assembly is the main legislative chamber.
 Judicial System

Judicial System

France has a legal system stemming from Roman

law and based upon codified laws. The Civil Code
was drafted in 1804 under Napoleon I.

Nevertheless judges have the duty to interpret the

law and the decisions of the higher courts have a
certain influence on the inferior courts even if they
are not bound by any higher court’s decision. The last
time a death penalty was issued in France was in
1978. It was then officially prohibited in October
1981. The Parliament, both National Assembly and
Senate, decided in February 2007, to amend the
French Constitution in order to include an explicit ban
of the death penalty.

The constitutional statement that “No-one shall be

sentenced to death“, makes France the 17th country
worldwide to include prohibition of the death penalty
in its Constitution.
It is composed of 577 deputies directly elected
through local votes. They are elected for 5 years The judiciary is independent from the executive and
renewable. The Assembly has a president elected the legislative powers. There are several categories
by his peers. The other chamber is the Senate. The of courts divided into two major branches, a Judicial
senators are indirectly elected by local elected branch and an Administrative branch.
officials. Since the 2004 reform, they are elected for
Judicial Organization
6 years renewable and half of the Senate is renewed
every 3 years. The president of the Senate is elected • The Judicial branch
by the senators among themselves and is
the successor of the president in case of death, The civil courts settle private disputes between
impeachment or resignation for medical reasons of individuals such as divorce, inheritance, property…
the President of the Republic. The Legislative branch but do not impose penalties. The criminal courts
votes the law. judge individuals who have committed offences.

According to the Constitution, both chambers have • First degree of jurisdiction

the same power. Bills may be submitted to the The District courts Tribunaux d’instance have
Parliament by the Government or by each chamber. jurisdiction for civil matters. They hear personal
Every bill can be amended by the National Assembly property claims of under 10,000 euro as well as
and the Senate but the law must be voted in the claims for which they have exclusive jurisdiction.
same terms in each chamber. However, if the They have a criminal division which is the Police
National Assembly and the Senate cannot agree on Court Tribunal de Police, which handles misdemea-
the terms of the law, the Government can give the nours in five classes, exclusively with fines. For petty
last word to the National Assembly after a procedure offences (for classes one to four) and some civil
called Commission Mixte Paritaire. issues under 4,000 euro it may be a “lay” judge juge
de proximité or a professional judge who hears the
case. For both civil and criminal issues, cases are
tried by a judge sitting alone.

4
Claims over 10,000 Euros are heard by Regional criminal investigation and trial process. The
courts Tribunaux de Grande Instance which have importance of the French Public Prosecutor’s role is
general jurisdiction and hear every dispute with an based on the principle of prosecutorial discretion.
unspecified amount which does not fall within the
jurisdiction of another court. Regional Courts also • Court of cassation
have exclusive power over cases involving divorce The last degree of jurisdiction is the Court of
or proof of paternity. Cassation. It is the Highest Court in the judicial
French system. It is the Court of last resort which sits
The judges and members of the Regional courts are
in the Hall of justice in Paris. It succeeded to the
professionals. Generally, Regional courts are set in
Tribunal of Cassation created in 1790. The Court of
the chief town of the Department. Regional courts
Cassation does not judge on the facts but checks
also have a criminal division. Indeed, each regional
whether the laws have been properly applied by the
court has a Criminal court which pronounces penal-
inferior courts in civil and criminal matters. It never
ties from 6 months up to 10 years of imprisonment.
sits as an appeal court. Its decisions allow a certain
unity regarding the application of laws even if the
But other penalties can be decided, such as fines,
decisions do not bind inferior courts. Since 1991, the
jour-amende (a fine that is followed by imprisonment
Court of Cassation also gives its opinion to the other
if it is not paid in time) or work for the general
jurisdictions on new and complex law issues.
interest/ Community service.
The Court of Cassation consists of judges conseil-
Regional and Criminal courts generally rule with
lers, the Office of the Prosecutor, an Administrative
three judges. One of them may be a “lay judge”.
Office of Courts, Higher Council of the Judiciary and
However, they occasionally rule with a single judge.
specially certified barristers. The judges of the Court
The first degree of jurisdiction has also specialist of Cassation include the First President premier
courts which are Juvenile courts, Labour courts, président, first presidents of the chambers,
Commercial courts, social Security courts and justices conseillers and assistant judges conseillers
Agricultural and Land tribunals. référendaires. The First President is responsible for
the court administration and the discipline of judges
Except for the Juvenile courts, the judges of along with judicial functions.
specialist courts are non professional and are
elected or chosen with the respect of equal The judges are appointed by the President of the
representation. Republic on a recommendation of the Higher Council
of the Judiciary. They are divided into six different
Finally, The Assize Court, Cour d’assises, tries chambers: First Civil Chamber, Second Civil Chamber,
those accused of crimes (murder, rape, armed Third Civil Chamber, Labour Chamber, Commercial
robbery, etc), attempted crimes, and those accused Chamber, and Criminal Division. Each division is
as accomplices. The Assize Court is not a permanent headed by a Presiding judge.
court, usually meeting every three months for about
two weeks. This type of court is found in each
department. The composition and modus operandi
are unusual, as it is the only court consisting of
professional judges (three) and a jury (nine citizens
chosen by drawing lots). Certain crimes are tried by
a special Assize Court without a jury, such as certain
acts of terrorism or acts connected with drug dealing. The
judgments of the Assize Court may be appealed.

• Public prosecution
In the Criminal court, the Assize court and the
Appellate Assize court, the Public prosecutor
exercises criminal proceedings and seeks alternative
sanctions adapted to the situation of the accused. It
is characterised by its links with governmental
authority for the implementation of Public prosecution
policy, the controlling of judicial police activities and
 Judicial System

In addition to the six divisions, there is also the public construction contracts, etc. The administrative
possibility of joining chambers of the court together courts also deal with taxation, town council/local elec-
Chambre Mixte with the First President and a tions and civil service litigation.
number of other judges from at least three other
chambers (including the Presiding justice of the Specialized administrative jurisdictions
chamber). Finally the Court of Cassation can hear a There are also specialized administrative jurisdictions
case in “Full Court” Assemblée plénière which is the which have very specific responsabilities:
highest formation of the Court for important issues.
The decision belongs to the First President or the - the Refugees Appeal Board,
chambers that handle the case. Sitting in this - the Disciplinary Section of Professional Bodies,
formation are the First President, all the Presiding
and Senior justices of the chambers and one justice - the Repatriated Persons Compensation Commission,
from each chamber. Decision is taken by the majority - the social Aid Local Commission.
of the Chamber. There is no dissenting opinion.
Financial courts
The Office of the Prosecutor is also present at the
Court of Cassation. It is headed by the Chief - The Cour des Comptes (the Audit Court) checks that
Prosecutor who does not try the case but advises the public authorities at the national level have
Court on how to proceed. He is assisted by deputy regularly managed their finances;
prosecutors avocats généraux. The Chief Prosecutor - the Regional Audit Courts check that the
and the deputy prosecutors are independent from the regional and local public authorities have regularly
Minister of justice. The deputy prosecutors are not managed their finances;
subordinate to the Chief Prosecutor. The main role of
- the Court of Budgetary and Financial Discipline
the Office of the Prosecutor is to guarantee the
punishes civil servant accountants who have
consistency of the interpretation of the law and to
mismanaged public finances.
ensure its conformity according to the intention of the
legislation with the public interest and with the public
order. He also has to ensure the unity of the case law
inside the Court of Cassation as well as inside the
other courts.

• The administrative branch:

Administrative courts
Since the 1953 reforms, the administrative courts have
been first instance judges of administrative litigations.
There are 35 such courts and approximately 600
magistrates who judge 100 000 cases a year. These
courts settle disputes between public authorities (the
government, regions, departments or administrative
bodies) or State-owned companies on the one hand and
citizens on the other hand. Examples of the matters at
issue are: a refusal to give a building permit, an
objection to a land-use plan or proposed motorway, an
expropriation, a claim for compensation for damages
caused by public bodies, a refusal to give a residence
permit, the deportation of a foreigner, objections to
6 direct taxes and their recovery, disputes related to
 Administrative courts

Created in 1987, the administrative courts of appeal rule over appeals against decisions delivered by the administrative
courts (approximately 15% of which are appealed), except for specific cases over which the Council of State has jurisdiction.
These administrative courts of appeal are each presided over by a counsellor of State, are seven in number (Paris, Lyon,
Bordeaux, Nantes, Nancy, Marseille and Douai) and are divided into chambers. The Audit court is the appeal court for the
judgments of the Regional audit courts.

The Council of State (Conseil d’Etat)

The Council of State, created in 1799, is the highest

jurisdiction of the administrative branch:
cassation, the Council of State can judge the case as a
• The Council of State as an instance third court of instance “if the sound administration of
of first and last resort justice justifies it” and thus act as the equivalent of a
The first resort competence of the Council of State Supreme court in common law systems.
covers litigation of special importance (decrees,
• Composition of the Council of State
ministerial acts, the decisions of collegial bodies
invested with national competence, individual The Council of State has a very specific composition
measures involving civil servants appointed by compared to other jurisdictions. Indeed, it is made up of
Presidential decree) or whose scope exceeds the state advisors, who are civil servants with a specific
competence of an administrative court. status guaranteeing their independence. Most of them
are recruited among the former students of the Ecole
In addition, the Council of State deals directly with Nationale d’Administration (ENA). The Council of State
litigation over county council elections or elections to is presided over by the Prime Minister; the vice-President
the European Parliament. Approximately 17% of the is the Garde des Sceaux (minister of justice).
cases submitted to the Council of State fall within its
The Council of State as government advisor
competence of first resort.
The oldest function of the Council of State is its role
• The Council of State as a court of appeal of advisor to the government. The Council examines
The competence of the Council of State as a court and gives its opinion on bills and projects of decrees
of appeal has progressively been transferred to the and by-laws. This consultative work represents
administrative courts of appeal and is now limited approximately half of its work.
to litigations over local and cantonal elections and
• The Conflicts Tribunal
appeal over assessment of legality.
The existence of the two systems of jurisdiction
• The Council of State as a Court of Cassation outlined above sometimes results in difficulties in
The Council of State exercises traditional powers as a determining their respective powers, and thus
court of cassation in relation to some 30 specialized justifies the arbitration of the Conflicts Tribunal
courts, the most important of which are the Cour des which was set up by the law of May 24th 1872.
Comptes, the Court of Budgetary and Financial Presided over by the Garde des Sceaux –
Discipline, the Magistrates Disciplinary Committee, and the minister of justice – the Conflicts Tribunal is
the disciplinary committees of various professions. Since composed of eight members elected for a three-year
the 1987 reforms, the Council of State has had powers term. Today, the frontiers between the judicial and
to quash rulings delivered by the administrative courts administrative branches have become stable and
of appeal. This expansion of its powers was accompa- only about forty cases are submitted to the Conflicts
nied by a major change in the rules governing appeal to Tribunal each year. However, its jurisprudence has
the highest court. On the one hand, a special procedure been the most important building-block of French
allows for the dismissal of appeals considered inadmis- public law. It is not possible to appeal against the
sible or insufficiently grounded; on the other hand, after judgments of the Conflicts Tribunal.
 Training of judges and
justice’s personnel

Judges
Judges have an active position in the trial: they are de la République (first level) are under the authority of
more than just arbitrators. They lead the hearing. the Procureurs Généraux (court of appeal) who can give
them instructions regarding the general functioning of
The Act of 22 December 1958 establishes the status of their offices and the policy of their jurisdiction and also
the judiciary. Every judge may be appointed during his the decisions to take in a particular case, if deemed
career at judging functions and/ or at the office of necessary. The Procureurs Généraux report directly
the prosecutor (principle of unity of the judiciary). to the minister of justice.
Unlike prosecutors, judges are not submitted to the
hierarchical principle and have security of tenure, that The general organization of the Public Prosecutors
is to say that any new assignment requires consent. Office is governed by three principles:
Judges and prosecutors follow the same training within
the same school. On 1 January 2009, we had 8481 - subordination in the chain of command:
magistrates. The public prosecutors are placed under the
supervision and control of their superiors and under
“Lay” judges the authority of the minister of justice.
Established in 2002, “lay” judges are not professional
judges, they are appointed by the legal profession by - indivisibility of the prosecution service:
decree after the approval of the Higher Council of the The public prosecutors are considered to embody
Judiciary (CSM) for 7 years, not renewable. They one single person since they act in the name of the
exercise certain functions of judges in criminal or civil prosecution service as a whole. As a consequence,
matters. In May 2009, there were 618 “lay” judges. the members of the Public Prosecutors Office can
replace each other mutually, including during the
Prosecutors judgment phase of a case (which is not the case for
Contrary to the sitting judges who are completely the sitting judges).
independent when they judge cases, public prosecutors
are under the authority of the minister of justice. The - unchallengeable legitimacy of public prosecutors:
minister of justice conducts the policy of prosecution The legitimacy of the public prosecutor cannot be
determined by the Government. He or she ensures that challenged because he/she defends the interests of
the application of such a policy in the territory of the society as a whole and applies the policy
Republic is coherent by addressing general instructions defined by the government.
on prosecution to the general prosecutors. There is a
hierarchy within the prosecution service: the Procureurs

8
The Higher Council of the Judiciary Conseil
Supérieur de la Magistrature - CSM
Some attributions of the CSM are related to the appoint-
ment and discipline of judges and Public prosecutors. conducting programs in more than 60 countries as
part of several international programs.
These rules are aimed at sheltering the judiciary from
the risk of partisan influences. In France, the CSM assists Finally, the ENM trains foreign executives and
the President of the Republic who under the Constitution training officers belonging to judicial training
has the mission to guarantee the independence of institutions to help create and develop their own
judicial authority. The President does not sit in the Higher schools.
Council of the Judiciary when it has to take decisions on
disciplinary matters. The 2 benches in the Council are The National Registrars College Ecole Nationale
the judges and the Public prosecutors, and they are des Greffes - ENG
composed of 16 members. Twelve of them are elected
judges and 4 are appointed jointly by the President of The ENG's aim is to provide initial training for chief
the Republic, the President of the National Assembly, registrars and registrars, as well as officers on duty
the President of the Senate and the General Assembly in various areas. It offers them training programs
of the Council of the State. alternating between studies at the College and
practical courses in jurisdictions.
The French National school for the Judiciary
Ecole Nationale de la Magistrature - ENM The National Prison Service College Ecole
Nationale d’Administration Pénitentiaire -
Through the French National school for the Judiciary, ENAP
France has developed a specific model enabling
judges to share a common legal culture and to The ENAP gives prison officers theoretical and
integrate new legislative developments into their practical training before they take up employment. For
professional practices throughout their career. wardens, governors, rehabilitation and probation
personnel, as well as administrative and technical
This school is an independent public institution personnel, an initial training is provided.
which is dependent on the ministry of justice. It has
an autonomous budget and a board of directors, Audit and expertise missions abroad in order to
responsible for defining its educational guidelines. modernise foreign prison systems, are also a priority.
Its function is to ensure:

- the training of future French judges and Public

prosecutors who are for the main part law
graduates recruited by examination after
University;

- the continuing professional training of judges

throughout their career. Judges are legally entitled
to 5 days' training a year.

It also manages a growing international and

European activity by hosting foreign trainees and
 The criminal proceedings

French criminal proceedings are mainly inquisitorial,

however they also include adversarial elements so as
to reach a balance between the rights of the defence,
the rights of the victim and those of society as a whole.
The main principles are defined in the introduction of
the Code of Criminal Procedure:
- equitable and adversarial proceedings,
collected and produced in compliance with the
- information and guarantee of the victims’ rights, French Code of Criminal Procedure. Under French
- presumption of innocence and rights of the defence. law, there are no varying degrees of evidence: it is
up to the discretionary judgment of the sitting judges
The public prosecutor supervises the to determine the value of the evidence submitted in
criminal investigations department (police each case.
judiciaire)
The public prosecutor must be immediately informed • Juge d’instruction
of all offences committed as well as whether the The French judicial system includes specialist
police judiciaire is holding persons in custody for the judges, known as investigating judges juges
purpose of its investigations. The public prosecutor d’instruction, who oversee investigations in the most
ensures that custody in the police station is carried serious and complex offences. The process is known
out in compliance with the law and may authorize as the judicial investigation information judiciaire.
its extension beyond 24 hours for a maximum
duration of 48 hours. When someone has committed Cases are referred to the juge d’instruction by the public
an offence, it will result in an investigation prosecutor or by a victim who wishes to bring a civil
(preliminary investigation or investigation of claim for damages within criminal proceedings.
flagrancy) conducted by various police departments.
The offices of the prosecutor will then look at the His or her role is to gather all the information that
case and decide on the charges and what direction may incriminate or exonerate a person accused of
to give at the case. The prosecutor may decide an offence. The juge d’instruction does not reach any
to close the case or prosecute, according to the decision about a person’s guilt or innocence.
principle of prosecutorial discretion.
As part of the investigation, the judge may interview
The administration of proof under French any person, call upon the assistance of the police to
criminal law require witnesses to attend for interview, issue
warrants, take statements from persons bringing
Pursuant to the principle of the presumption of claims for damages and from suspects, appoint
innocence, the burden of proof is on the plaintiff, i.e. experts, carry out searches and seizures, order
the public prosecutor in general, and sometimes on telephone tapping, etc.
the victim when he or she claims damages. The
public prosecutor must produce evidence that Pre-trial detention may only be ordered by a judge for
the offence was committed and the person being freedom and detention Juge des libertés et de la déten-
prosecuted was involved. He/she must collect tion. When the investigation ends, the investigating
elements of proof both in favour of the prosecution judge may refer the accused to a court tribunal or Cour
and in favour of the defence. The defendant does not d’assises for trial (if there is sufficient evidence) or dis-
have to provide proof of his or her innocence and charge the matter (if there is not enough evidence).
is in no way obliged to collaborate in the search for
evidence. The standard for a criminal conviction is In order to encourage teamwork ,91 pôles de l’instruction
proof “beyond reasonable doubt”. Any doubt must (each one staffed by several juges d’instruction) have
benefit the defendant. All types of evidence – been in operation since 2010. They investigate complex
written, oral testimony, confessions, and scientific offences.
10 examinations – are admissible if they have been
 Juvenile Justice system

In France, there is a special justice system for children and young people under 18. This juvenile justice (justice
des mineurs) is mainly involved in the areas of juvenile crimes and children at risk.

Many other matters concerning minors are judged by ordinary jurisdictions (family judges...).

The Act of 2 February 1945 lays down the fundamental principles of juvenile justice. Its last amendment was
made in March 2007.

France has chosen a joint approach by judges and educators, and has given priority to educational response in
criminal matters.

Juvenile courts are competent to hear youth

offences cases and since 2005 they enforce the
penalties imposed on minors.

The Judicial Youth Protection Directorate, dependent on These courts are presided by one juvenile court judge
the ministry of justice, is responsible for juvenile assisted by two lay judges and one court clerk.
justice. It drafts texts on minors at risk and young
For most serious cases, there are Juvenile
offenders and ensures the enforcement of judgements
Assize courts which have jurisdiction for offences
made by the Juvenile courts in the 1,500 detention and
committed by minors from 16 to 18. These courts are
probation centres.
made up of three professional judges and a jury
Juvenile delinquents made up of 9 civilians randomly chosen.

Under French law the age threshold for criminal To be sentenced, minors have to be criminally
liability is 18 years old, therefore a minor cannot be responsible which is defined by their “capability of
tried by ordinary criminal courts. understanding“. In France the age of discernment is
roughly set between the age of 8 and 10. Penalties are
Specialized courts are set and work in collaboration adapted to the offender’s age.
with the public prosecutor and the Youth Judicial
Protection Service. - Basically, no penalties can be imposed on minors
before they are 10 as they are not responsible at
law. Only measures of “protection, assistance,
supervision and education“ can be taken.
 - From 10 to 13, educational penalties can be taken Minors in danger
(such as seizing an object for instance). If the
The idea is to protect minors facing difficulties or in
interested minor does not comply with the penalty,
danger, through 2 different mechanisms:
he or she may be placed with foster carers or a
specialised centre for juvenile offenders. - administrative protection, which is ensured by the
General Council and the services under its authority
-Then, from 13 to 16, minors may be sentenced. They
(such as the Child and Maternal Health
may be sentenced to imprisonment but the minors
Services (PMI), departmental social services, the
are liable to only half the sentence prescribed for
Child Welfare Authority (ASE)...).
adults. They cannot be remanded in custody, except
if they have committed a major offence. This administrative protection plays a role of prevention
- From 16 to 18, minors can be remanded in custody for families in difficulty and comes into play when a
and, depending on the kind of offence they minor is at risk of being in danger: protective
committed, the special provision for dealing with measures can be taken for the minor with the consent
minors may be set aside by the judge. of his/her parents.

Immediate summary trials are also allowed for habitual - Judicial protection when a minor's health, safety
offenders. or morality is at risk or if the conditions for the
minor's education are seriously jeopardized: this is
- In March 2004, an Act introduced the guilty plea
a matter for educational assistance. The Judicial
which is applicable to offences carrying a maximum
system intervenes mostly when prevention proves
penalty of 5 years' imprisonment. The Act has
inadequate in protecting the minor or when child
strengthened the effectiveness of alternatives to
welfare has failed. There are two possible types of
imprisonment such as probation, placement under
intervention:
electronic surveillance, community service, and so
on. It has also introduced civic training courses, a - An educational action in open custody : the family’s
new criminal penalty applicable to minors aged 13 consent is needed when he or she takes a decision
to 18 years. concerning a minor. Whenever possible, the judge
allows the minor to live in his usual living
- Lastly, the Act of March 2007, gave mayors the
environment and asks an educator to assist and
responsibility of establishing prevention policy in
advise the minor and his parents.
cities and reinforced the role of public prosecutors.
- A care order can be made by the juvenile court
The Act’s content is about identifying and supporting judge, when it is proven necessary to remove the
vulnerable families, city planning, care for individuals minor from his home.
suffering from dangerous mental disorders and new
forms of punishment and care for drug users.

The Act also introduced summary proceedings for

minors aged 16 to 18 and "day activities orders".

12
 Sentence application and
penitentiary system

The Prison Authorities-Administration pénitentiaire

is dependent on the Ministry of Justice.

They are responsible for ensuring that sentences are

served and that prisoners are reintegrated into
society on release. These authorities contribute to
drafting texts in this field and participate in the
When the sentence is detention, it can be served in
enforcement of judgements and sentences. They
different kinds of prisons.
also encourage work, training, access to the arts and
sports for prisoners, contributing to their social and
The Centre National d'Observation evaluates all
professional rehabilitation.
the detainees sentenced to more than 10 years
of imprisonment in order to dispatch them in the dif-
There are several forms of control over the penitentiary
ferent penitentiary structures.
system. A general inspection made by the “Contrôleur
Général des Prisons”, regional directions and a control
The Centres Pénitentiaires have at least two different
within jurisdictional organisations made by public
blocks with specific detention systems (it can be a
prosecutors in every Court of Appeal’s jurisdiction.
maison d'arrêt, a centre de détention or a
maison centrale).
The Juge de l'application des peines (JAP) has to report
regularly about the situation of the inmates. In every
The Centres de détention are aimed at returning the
establishment there is a commission de surveillance.
detainees to society, for the less dangerous convicts,
who have better chances of rehabilitation.
Since 1983, the ministry of social affairs controls the
medical care and hygiene in the facilities which led
For the inmates with a sentence of less than a year,
to some improvements especially with the law of
or those who will be discharged in less than a year,
January 1994.
there are Maisons d'arrêt, meanwhile the more
dangerous detainees will be detained in the
In France, wardens form about 80% of the total staff,
Maisons centrales which have higher security.
which is relatively high compared with other countries.
However, the ratio of wardens per detainees is low.
Then the Centres de semi-liberté which are focused
on the release preparation and the rehabilitation of
A central objective of penitentiary policy is to return
the inmates.
detainees to society in a better condition, as well as
the recognition of human rights in prisons and in
High Security Blocks have been removed in all the prisons.
society.
France has also introduced an original institutional
The sentence can be served through detention, in
management method.
different kinds of prisons, or served outside the
prisons under the authority of a Juge de l'application In 1987, a mixed management program was created.
des peines. Standard management duties (accommodation,
catering, cleaning, maintenance) and certain other
Serving the sentence outside prison can be used for
functions linked to the care of the detainees (work
those who are put on probation, who are condemned to
and vocational training) are carried out by private
a sentence of public service or who are released on
organisations.
parole.
The duties of governors, wardeNs, rehabilitation
There is also the possibility of Electronic tagging,
staff and registrars remain the responsibility of the
which consists of an electronic device attached to a
prison authorities.
person allowing his whereabouts to be monitored. If the
tag of the electronic device is disconnected or is out of
range, the authorities are automatically alerted.
 Edited by Ministry of Justice/2012
Secrétariat général
Service des affaires européennes et internationales (SAEI)
Département de l’information et de la communication (DICOM)
Création : E. Aguilera / Photos : C.Montagné
November 2012
www.justice.gouv.fr
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