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Criminal law

Criminal law, the « best known and most discussed face of the legal system », determines the offences and the response to them by society.

It is a law marked by a sanctioning and symbolic character :

Sanctioning, in the sense that it manifests itself through convictions, and punishments. The most severe of these is prison (imprisonment, detention), which can be modified. There are also alternative measures to detention (community service, fines, day fines, etc.), and measures to personalize sentences (suspended sentence, adjournment…).

Symbolic, in that it does not simply arbitrate disputes between individuals, but defends public order and represses social prohibitions..

There is no such thing as a “small” criminal case: for the litigant, a criminal trial is often the only, or the most important, trial of his life.

Alexandre-M. BRAUNa criminal lawyer, will advise and defend you in this ordeal.

Criminal business law

For the playwright Octave Mirbeau, « business is business ». Criminal business law law is a technical field in which particular expertise and competence are required.

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Abuse of corporate assets

The abuse of corporate assets, an emblematic offence of the criminal business law, punishes the appropriation of the assets of a commercial company by its directors.

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Breach of trust

The abuse of trust is a very specific concept : the misappropriation of another person’s property held on a precarious basis within the framework of a prior contract. Its applications, responding to the evolution of society, are very diverse.

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Defamation and press law

Defamation, and insult, are notions specific to press law, a field in which Alexandre-M. BRAUN frequently intervenes. He also defends his clients in other aspects of communication law, such as the right to privacy and the presumption of innocence.

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Misleading Advertising

The incrimination of misleading commercial practices, or false advertising, protects consumers. Alexandre-M. BRAUN defends defendants on this basis.

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GLOSSARY OF CRIMINAL LAW

General criminal law :

Branch of criminal law that studies the rules common to all criminal offenses. Special criminal law  studies, the rules specific  to each offense

“Relaxe”

A decision by which a police court or a correctional court met exonerates  the accused. Whether it is for the benefit of the doubt, or because innocence is proven, the person is not guilty… Not to be confused with an acquittal, pronounced by  a criminal court.

Judgment on civil interests :

Judgment by which a Court orders the Defendant to compensate the Civil Party, and determines the amount  of such compensation.

Theft :

In criminal law, it is « the fraudulent removal of the thing belonging to a third party». This concept should not be confused with other offenses, such as fraud  or breach of trust.

Criminal judgment :

There is no criminal judgment, the decisions of the Court of Assizes are called « criminal judgments ». Criminal judgments are judgments of the Assize Court, pronouncing convictions and/or acquittals.

Appeals :

The parties can appeal against the decisions of the correctional court and assize court. After the appeal decision, only the “pourvoi en cassation” remains ie an appeal limited to the points of law.

Nullity :

Sanction, pronounced by a court, noting the irregularity of form or substance  of a case or part of it. Attention! During the investigation phase, the parties have six months to raise a nullity. And before the Correctional Court, they must do so before any debate on the merits.

 

To go further :

https://braun-avocat.com/en/power-outages-and-the-right-to-strike/