Tribunal correctionnel
[9][10] In terms of judicial organisation, the correctional court is one of the chambers[b] of the tribunal de grande instance.
[1] In premier ressort,[c] it judges matters that concern the commission of a criminal offence (infraction pénale) considered a délit, similar in severity to a misdemeanor.
[2] In French law a misdemeanor is an offense punished by a prison sentence (peine d'emprisonnement) or by a fine of at least 3750 euros.
In some cases, notably good administration of justice, the matter must be judged in another territorial jurisdiction than the one prescribed ratione loci rules.
A referral may be ordered by the criminal chamber if the court that would normally have jurisdiction cannot be legally assembled or if the course of justice finds itself otherwise interrupted.
A request for referral may be presented, either by the procureur général before the Court of cassation, or by the established ministère public before the jurisdiction in question.
A lack of means in the cours d'assises in France allows some defendants to be judged by the correctional court[17] after committing a crime.
[18] While illegal,[19] the arrangement often suits both parties;[20] the prosecutor or examining magistrate increases the likelihood of a shorter and simpler trial, while the defendant sees his crime downgraded to a simple misdemeanor-like délit.
A French correctional court is composed of:[21] For the court to sit with one judge only, à juge unique, the possible penalty must be less than five years imprisonment and the matter must concern délits specified by the Code de procédure pénale as traffic offenses (driving while intoxicated for example), or violence resulting in more than eight days of inability to work (incapacité Totale de travail (I.T.T.))
If publicity would endanger the order and serenity of the arguments, the dignity of the person or the interests of a third party, the plaintiff or the procureur may at their option request a closed session.
The procedure before a correctional court unfolds in the following order: After the arguments the prosecutor presents the government's demand for a sentence (réquisitoire oral).
