Criminal Law and Criminal Procedure
Substantive criminal law
Understand the elements of an offence: the legal element (a criminal provision), the material element (the act), and the moral element (intent or negligence). Know the distinction between infraction intentionnelle and infraction non intentionnelle, and the rules on attempt (tentative), complicity (complicité), and justification.
Procedure
Master the phases: investigation (information), instruction (instruction), prosecution, trial, and appeal. Know the roles of the police, the public prosecutor, and the investigating judge. Understand the rights of the accused, the presumption of innocence, and the rules on detention.
The bailiff's role
Bailiffs may be involved in criminal matters through service of documents, enforcement of certain decisions, and cooperation with judicial authorities. Know the limits of the bailiff's role in criminal proceedings.
Traps
- Confusing the information (prosecutor-led) with the instruction (judge-led).
- Forgetting that the presumption of innocence is a fundamental right.
- Misapplying the rules on flagrant délit (in flagrante delicto).
- Overlooking the statute of limitations (prescription).
Rule of thumb
For any offence question, run the three-element test (legal, material, moral). For any procedure question, identify the phase and the authority in charge.
Worked example
A person is caught committing a theft. The police may act under flagrant délit rules, and the public prosecutor may order detention. The question may test whether the investigating judge or the prosecutor has authority at that stage - the answer depends on the phase and the seriousness of the offence.