The Basic Principles of the Criminal Law in France Come from
The draft Penal Code began with the work of a commission created in 1974 by President Valéry Giscard d`Estaing. A draft Book I (General Provisions) was strongly criticized by the criminal justice system and rejected by the Élysée in 1980.  After the change of government in 1981, Robert Badinter, a former defence lawyer turned Minister of Justice, took over the Commission.  The draft penal code was discussed in parliament between 1989 and 1991. Book I was approved in 1991, followed by Books II to V. French criminal law is characterized by its conceptual structure rather than its outcome. It differs from some aspects of civil and public law and is structured with the Middle Ages rooted in royal law, but today is strongly influenced by international criminal and criminological trends without being affected by the vivid influences of Roman law. The amendment of the Criminal Code in 1994 has made it possible to deal with the relevant issues in a modernized and systematized manner. However, the revolution and Napoleonic history still exert a very profound effect. The principle of legality requires that offences be committed by law in France. 13 Surveillance has been accepted as a legitimate source of monitoring violations, even if they result in imprisonment. But laws and crimes must be the product of regulations.
 In addition, the courts immediately issued orders against the surrender of criminal offences, even if they are merely administrative offences. Article 4 – Confiscation “1. Member States shall take the necessary measures to allow for the total or partial confiscation of instrumentalities and proceeds or property the value of which corresponds to such instrumentalities or proceeds, subject to a final conviction for an offence which may also result from proceedings in absentia. 2. Where confiscation on the basis of paragraph 1 is not possible, at least where such confiscation is due to illness or flight of the suspect or accused person, Member States shall take the necessary measures to enable the confiscation of instrumentalities and proceeds in cases where criminal proceedings have been initiated for an offence which may give rise to a criminal offence; directly or indirectly to economic benefits, and such a procedure could have resulted in a criminal conviction if the suspect or accused person could have been tried by a court. Article 5 – Extended confiscation “1. Member States shall take the necessary measures to allow for the total or partial confiscation of property belonging to a person convicted of an offence which may give rise directly or indirectly to an economic advantage where, on the basis of the circumstances of the case, including the specific facts and available evidence, a court is satisfied that the property in question originates from a criminal offence. The gendarmerie was abolished by Louis XIII in 1626 and the Tribunal de la Force Constaulaire et du Maréchal was placed under the orders of Marshal de France. According to the penal decree of 1670, some crimes identified as “royal affairs” were investigated by the Marechaussee but tried by a chamber of Parliament dealing with criminal cases, while others, called “provost cases”, were tried by the provosts. [fr] Prior to trial, the preliminary examination by a pre-trial judge is an integral part of the judicial process. It remits the case to the court of high jurisdiction on the basis of a reasonable assessment of what the accused perpetrators might be convicted of in the future.
Criminal proceedings in France require early intervention by the investigating judge.  In most common law jurisdictions, all but the most minor offences are tried by the same court. These offences are divided into three categories according to their increasing seriousness: offences, misdemeanours, offences and offences. [b] The latter two categories are defined by Parliament, while offences fall within the jurisdiction of the executive. This tripartite division is contrasted by the courts responsible for the application of criminal law: the police court for offences; the Criminal Court for Misdemeanours; The Assize Court for crime. Criminal law is exercised within the framework of the Code of Criminal Procedure, which establishes the conditions under which police investigations, judicial inquiries and judgements are conducted. Article 39 Only a law may determine which acts constitute a crime and what penalties or other inconveniences of rights or property may be imposed for their commission. Section 40 (1) Only a court may decide on guilt and punishment for criminal offences. (…) 6.
The question of whether or not an offence is punishable shall be examined in accordance with the legislation in force at the time the offence was committed and penalties shall be imposed. A subsequent law must be applied if it is more favourable to the offender. French criminal law is subject to the principle of legality and its three implications, the principle of strict interpretation of the law, the application in time of criminal law and the application of criminal law in space. The French criminal justice system, derived from Roman law, is typically characterized by the European continent. It is not only a feudal system in the Middle Ages, but also a representative of the civil law system. The France is attached to the judicial system that was gradually built after the French Revolution at the end of the 18th century.  Since the beginning of the 19th century. Napoleon codified a number of important rules and established the common judicial system, the system of administrative tribunals and the independent judicial system, which formed a unified modern judicial system. The police court is composed of a single judge, but the court is composed of a prosecutor and a reception officer. In general, there are five categories that break the rules.
The police court hears fifth-class offences separately from one to four offences, with fines ranging from 250 francs to 10,000 francs.  In addition, after the hearing before the police court, the suspect may appeal to the French Court of Appeal if he refuses to accept the court`s judgments. The establishment of a juvenile court is intended to clarify juvenile delinquency. In 1945, the basic penal policy against crimes committed by minors was formulated and special juvenile judges or juvenile courts were established. Cases of minor offences in the first four stages of police offences will continue to be dealt with by the police courts, while cases in the fifth category of offences, misdemeanours and crimes committed by the police will have to fall under the jurisdiction of the juvenile courts. The system includes several parts of juvenile judges, juvenile courts, courts of appeal and juvenile criminal courts.  The Penal Code of 1810 was a penal code created under Napoleon that replaced the French Penal Code of 1791.  It replaced various laws passed during the first ten years of the Revolution, including the law of 1791 and the Penal Code of 1795.
 The 1810 Penal Code assigned a fixed range to sentences, giving judges greater leeway in deciding the severity of the sentence. [ref. The 1810 code was revised twice: a major change in 1832, the second, much more limited, in 1863.  French criminal justice dates back to the Maréchaussée in the Middle Ages. From that moment on, and to a lesser extent until the end of the Ancien Régime, the functions of the police and the judiciary were closely linked.  Kings, lords and high dignitaries practiced justice. In this sense, justice in the armies was the responsibility of the Grand Constable of France, who succeeded the Seneschal at the head of the armies in 1191, and the Marshal of France, who were his lieutenants. The Grand Constable and Marshals delegated their powers to their provosts.
Crimes are the most serious crimes. Convicted by the Assize Court with a criminal jury, they are liable to life imprisonment.  Prior to 1981, crimes were punishable by death. [fr] The most common types of crimes convicted in France are murder, rape and armed robbery.  Article 28 (principle of legality in criminal law) No one may be punished for an act which, at the time of the act, has not been declared a criminal offence by law or for which no penalty has been provided. Offences are established in accordance with the law in force at the time of the offence and the resulting penalties are imposed, unless a more recent law is more lenient towards the offender.