Vademecum of criminal law

Is business crime better treated than ordinary crime?

It is difficult to give a definitive answer to this question, as the way in which business crime and ordinary crime are dealt with may vary according to the jurisdictions, laws and resources available. However, there are some general differences between the two types of crime that may help in understanding how they are dealt with.

Visibility and public perception: Ordinary crime, such as theft, assault and vandalism, is often more visible and has an immediate impact on people's lives. It can therefore attract more attention from law enforcement and the justice system. Business crime, on the other hand, often involves complex financial and economic crimes that may be less obvious to the general public.
Complexity of cases: Business crime cases are often more complex and require specialist skills to investigate and prosecute the perpetrators. This can mean that authorities are less likely to prosecute business crime cases because of the time, resources and skills needed to solve them.
Perpetrator resources: Individuals or organisations involved in business crime often have more financial resources and influence, which may enable them to hire better lawyers and defend themselves more effectively against charges. This can sometimes lead to a perception that business crime is treated more leniently than ordinary crime.
Legislative developments: Over time, many countries have strengthened their laws to combat business crime, creating regulatory bodies and increasing penalties for financial crimes. This may give the impression that business crime is being dealt with better than in the past, although this depends on the specific jurisdictions and cases.
In France, financial and political delinquency has been more severely repressed in recent years (Sarkozy, Balkany, Fillon cases) and offenders are not exempt from prison.

How to change your judicial review?

Understand the conditions of your judicial review: Read the conditions of your judicial review carefully to understand what is required of you and what may be subject to change.
Consult a lawyer: Contact a criminal lawyer to discuss your situation. They will be able to advise you on whether and how best to change your judicial review.
Gathering evidence: If your lawyer thinks it is possible to change your judicial review, gather the necessary evidence to support your application. This may include documents, witness statements or other relevant information to show that circumstances have changed or that the current conditions are too restrictive or inappropriate.
Prepare an application: Your lawyer will probably prepare a written application asking the court to change your judicial review. This application should include legal arguments and evidence to support your claim.
Submitting the application: The application must be submitted to the court that originally issued the judicial review. It is important to follow the court's rules and procedures regarding the filing of documents and communication with the parties involved.
Court hearing: In some cases, the court may convene a hearing to discuss the application. Be prepared to present your arguments and evidence at the hearing, and make sure you follow your lawyer's advice on how to behave in front of the judge.
Wait for the decision: The judge will examine the application and make a decision. The decision may be made immediately after the hearing or at a later date. If the judge agrees to change your judicial review, the new conditions will be put in place.
Comply with the new conditions: If your judicial review is changed, make sure you understand and comply with the new conditions. Failure to comply with the conditions can lead to serious consequences, such as revocation of the judicial review or further sanctions.

How can I have my criminal record amended?

To have your criminal record amended, you can take the following steps:

Check your criminal record: Before applying for a change, it is important to check the information contained in your criminal record. You can obtain a copy of your criminal record by applying to the National Criminal Records Office.
Identify errors: If you find an error in your criminal record, it is important to identify the nature of the error. It may be inaccurate, incomplete or outdated information.
Prepare the documents: depending on the nature of the error, you will need to prepare certain documents to prove your case. For example, if you are challenging a conviction, you will need to provide a copy of the judgment that was given to you.
Contact the relevant authorities: You will need to contact the relevant authorities to request a change to your criminal record. Depending on your situation, this may be the police, the gendarmerie or the court of appeal.
Follow the instructions: the competent authorities will give you precise instructions on how to have your criminal record amended. Follow these instructions carefully and provide all the necessary documents.

It is important to note that not all changes can be made and that the final decision will depend on the severity of the error and the opinion of the competent authorities.

How to appeal a criminal conviction?

If you wish to appeal a criminal conviction, here are the steps to follow in France:

Time limit: You have 10 days after notification of the decision to lodge an appeal.
Filing the statement of appeal: You must file a statement of appeal with the registry of the court that issued the decision. This statement must be made in writing, either directly to the registry or by registered letter with acknowledgement of receipt.
Grounds for appeal: You must state the grounds for your appeal. The grounds may be legal (breach of law, error of law) or factual (error of fact, error of assessment).
Appointing a lawyer: You must appoint a lawyer to represent you on appeal. If you cannot afford a lawyer, you can apply for legal aid.
Sending the file: The registry of the court of first instance will send your file to the competent court of appeal.
Hearing: Once your case is registered by the Court of Appeal, a hearing will be scheduled. You and your lawyer will have the opportunity to present your case to the Court of Appeal.
Decision of the court of appeal: The court of appeal will give its decision after the hearing. If the decision of the court of appeal is different from that of the court of first instance, it will take the place of the first decision.

It is important to note that if the decision is taken in the final instance by the Court of Cassation, it will not be possible to appeal, except in very limited cases.

What are my main rights in police custody?

As a person in police custody, you have a number of rights, the main ones being

The right to be informed of the nature of and reasons for your custody: you must be informed of the reasons why you are being held in police custody.
The right to inform a relative: you have the right to inform a family member or a trusted person of your choice of your situation.
The right to a lawyer: you have the right to ask for a lawyer. If you do not have one, a court-appointed lawyer will be appointed for you.
The right to remain silent: you can refuse to answer the questions put to you.
The right to a medical check-up: if you wish, you can have a medical check-up.
The right to food and hygiene: you have the right to adequate food and decent hygiene conditions.
The right to challenge the legality of your custody: if you feel that your custody was not carried out properly, you can challenge its legality before the liberty and custody judge.

These rights are intended to protect your interests and ensure that your custody is conducted in conditions that respect your fundamental rights.

What are the key stages of the immediate appearance?

The immediate appearance is a judicial procedure that allows a person to be tried quickly after arrest for serious criminal offences. The key stages of the immediate appearance are as follows:

Arrest: the person is arrested by the police.
Police custody: the person is held in police custody for a maximum of 48 hours.
Hearing: the person is questioned by investigators to gather evidence.
Notification of charges: the person is informed of the charges against him/her.
Summons to court: the person is summoned to court for an immediate appearance.
Hearing: the person appears before the court, assisted by his/her lawyer.
Pleadings: the parties present their arguments and evidence.
Judgement: the court delivers its judgement at the end of the hearing.
Penalties: if convicted, the person may be sentenced to imprisonment, a fine or an additional penalty.

It should be noted that all stages of the immediate appearance must be carried out quickly, in order to respect the legal time limits and to guarantee the rights of the person concerned.

What are the conditions for a valid arrest?

A stop is a procedure that allows law enforcement officers to apprehend a person suspected of having committed a criminal offence. For a stop to be considered valid, it must meet certain conditions. These are the main ones:

The existence of a legitimate reason: the police must have a legitimate reason to proceed with the arrest, for example a flagrante delicto or an arrest warrant.
Respect for the rights of the person stopped: law enforcement officers must respect the fundamental rights of the person stopped, such as the right to life, to dignity, to physical integrity, to defence and to a fair trial.
Proportionate use of force: law enforcement officers must use force in a manner proportionate to the situation, i.e. the force used must be strictly necessary and proportionate to the objective.
Informing the person arrested: the person arrested must be informed of the reasons for his or her arrest and of his or her rights, in particular the right to the assistance of a lawyer.
Recording the stop: law enforcement officers must record the stop and all stages of the procedure, including the reasons for the stop, the rights of the person stopped and the circumstances of the stop.

In summary, for a stop to be considered valid, it must be based on a legitimate reason, respect the rights of the person stopped, use proportionate force, inform the person stopped of their rights and be recorded.

How do I get my phone or money back if it is confiscated in a criminal case?

If your phone or money has been confiscated in criminal proceedings, you can get it back under certain conditions. Here are the steps to take to get your confiscated phone or money back:

Ask for information: contact the competent authority to find out where and how to recover your confiscated goods. This authority can be the police, the gendarmerie or the public prosecutor.
Provide the necessary documents: you will need to provide the necessary documents to prove that the confiscated goods belong to you. For example, to get your phone back, you will need to provide proof of purchase or an invoice.
Waiting for the end of the proceedings: if the property has been confiscated as part of a criminal investigation or proceedings, you will have to wait until the end of the proceedings before you can get it back.
Obtaining a restitution order: Once the proceedings are over, you will need to obtain a restitution order for the confiscated property. This decision can be taken by the investigating judge or by the liberty and custody judge.
Going to the location: Once you have obtained the restitution order, you will need to go to the location to collect your confiscated goods.

It should be noted that the return of confiscated property can take time and depends on the criminal proceedings. If you are unsure about the procedure to follow or if you have difficulties in recovering your property, consult the Roquefeuil practice for legal advice and assistance.

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