Criminal law
Police court, criminal court, Crown court, judicial information, investigation, police custody, sentence adjustment, pre-trial detention, request for release, the appearance on preliminary recognition of guilt, penal composition, open examination… Our lawyers intervene in all types of criminal proceedings.
What's criminal law?
Criminal law is one of the foundations of the law. It is defined by the Penal Code.
It punishes the various crimes and misdemeanors related to it, within the competent courts. Criminal law lays down the rules for all behaviors that run counter to social order, or offenses. It determines the penalties to be imposed on perpetrators of crimes or offenses. The aim is to eradicate dangerous behavior in society, or at least to limit it as far as possible.
Generally speaking, criminal law concerns the relationship between society and the individual. This branch differs from civil law. Civil law focuses on relationships between individuals and/or corporate bodies. Criminal law, on the other hand, confronts the accused with society. The aim of criminal law is to preserve public order, and the safety of people and their property.
There are specific branches of criminal law, notably business criminal law and tax criminal law.
TEAMS
Our lawyers
Business criminal law
Business criminal law encompasses all legal rules relating to criminal offenses that apply to the business world. It also encompasses all economic rules that can be penalized.
Business criminal law may concern :
– Company directors who have committed acts of misappropriation of corporate assets, fraud, breach of trust, tax evasion, etc.);
– Companies that have been victims of embezzlement, theft, etc. ;
– Companies responsible for infractions (deceptive commercial practices, etc.).
Criminal tax law
Criminal tax law deals with the various forms of tax evasion. This speciality of the law provides for the punishment of companies and individuals who attempt to evade their duty to pay taxes.
Skills
Our lawyers work in these areas of criminal law:
What is punishable under criminal law?
Criminal law punishes several types of acts:
- Theft: taking another person’s property without their consent;
- Harassment: sexual, psychological (or moral), professional, physical, cyber, telephone, street or school harassment. All these types of harassment are considered an offence if they are repeated;
- Fraud and breach of trust: fraud is an act of deception perpetrated with the aim of acquiring something. It may involve the use of false names or documents. Breach of trust is the misappropriation of property or financial funds for one’s own benefit;
- Large-scale tax fraud;
- Sexual assault: any sexual violation committed with violence, constraint, threat or surprise – (article 222-23 of the French Penal Code);
- Rape: defined as “any act of sexual penetration, of any kind whatsoever, committed on the person of another or on the person of the perpetrator by violence, coercion, threat or surprise” – (article 222-23 of the French Penal Code);
- Homicide: the act of causing death. A homicide is considered to have been committed, regardless of the methods employed. It is the most severely punished offence under criminal law.
Service
Support in criminal proceedings
Goldwin Law Firm is at your side at every stage of criminal proceedings. Whether you are due to appear before a judge immediately, or are the subject of a police or police investigation, our skilled lawyers are at your disposal.
Criminal proceedings take place as follows:
- Investigation: depending on the case – free hearing, police custody, pre-trial detention or criminal or correctional indictment.
- Judgment: appearance before the court competent to deal with your case.
- Sentence execution.
Whether you’ve been charged with a misdemeanor or a felony, our lawyers can help you understand the issues involved in your case. We can assist you at every stage of the proceedings, and devise a strategy to protect your interests.
1 – THE INVESTIGATION PHASE
The investigation phase begins with police custody and a free hearing.You can call on the services of a criminal lawyer at this stage.
It continues with the investigation (correctional indictment or criminal indictment).
Finally, the accused is remanded in custody.
2 – THE TRIAL PHASE
The trial phase takes place either :
- Appearance before the Police Court ;
- Appearance before the Juvenile Court;
- Appearance before the Criminal Court and the Court of Appeal;
- Appearance before the Crown Court.
Whatever the court, your lawyer will accompany you and defend you before the Examining Magistrate.
3 – THE SENTENCE ENFORCEMENT PHASE
Your lawyer can also advise and defend you in detention litigation (disciplinary commissions, transfers, etc.) and sentence enforcement litigation. Generally speaking, the aim here is to obtain a reduced sentence.
The role of the criminal lawyer
The criminal lawyer defends suspected criminals before the competent court. They appear before the French criminal courts (Crown Court, Police Court and Criminal Court). He intercedes on behalf of his client during trials in which individuals are accused of serious offenses. As a result, the client is exposed to prison sentences, sometimes considerable ones.
The criminal lawyer is familiar with the types of crimes covered by criminal law, the penalties associated with them, any mitigating circumstances, and so on.
A criminal lawyer specializes in crimes. These crimes can be committed against a natural or legal person, or against a person’s property. The individual or legal entity involved in criminal proceedings may be either the defendant or the victim.
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