In France, the Public Prosecutor is the magistrate of the public prosecutor's office responsible for criminal prosecution within the jurisdiction of a judicial court. The prosecutor is assisted by deputy prosecutors and assistant prosecutors, who are also magistrates, and together they form the prosecutor's office of a judicial court.
The French Ministry of Justice explains that: the term "parquet" refers to the area where the magistrates of the public prosecutor's office were positioned: an enclosed space in the grand chamber, defined on three sides by the judges' seats and on the fourth by the bar, forming the heart of the courtroom—a sacred, enclosed space, a small park or parquet. It was crossed by the King's representatives to reach their place, and armed officers advanced there to report their investigations and draw up the official record for the parquet..
Contents
History
The role of the prosecutor emerged in the 14th century within the legal profession, at the request of the parliaments. Its title and functions were inspired by procedures developed within the courts of the Inquisition.
As Jean-Louis Nadal, Prosecutor General at the Court of Cassation, recalled in his opening speech at the symposium on 19 January 2006:
From a historical perspective, the unique role of the public prosecutor's office, both as a prosecuting body and a guardian of individual freedoms, can be traced back, to my knowledge, to the great ordinance of Philip the Fair of 23, which outlined the oath of the King's representatives, demonstrating that the prosecutor must also be responsible for seeking the truth and ensuring the proper application of the law..
Status
Membership in the magistracy
Prosecutors of the Republic and their deputies, as well as prosecutors general, their respective deputies, advocates general, judges, and justice auditors, are part of the magistracy. They are therefore subject to the provisions of the ordinance of 22 establishing the organic law on the status of the magistracy.
Hierarchical principle
Unlike judges, the prosecutor, along with their deputies, is part of the "standing magistracy," so named because its members stand during hearings to present their requisitions, in contrast to the Sitting magistracy (or Judicial bench), whose members, the judges, remain seated throughout the proceedings.
Several factors distinguish them from judicial bench magistrates in their status. Article 5 of the aforementioned ordinance states:
The magistrates of the prosecutor's office are placed under the direction and control of their hierarchical superiors and under the authority of the Keeper of the Seals, Minister of Justice.
During hearings, their speech is free.
Thus, the prosecutor's office is hierarchical, meaning that the Public Prosecutor has authority over their deputies and is, in turn, subject to the instructions and directives of the Prosecutor General at the court of appeal within their jurisdiction. All members of the prosecutor's office are ultimately accountable to the Keeper of the Seals, Minister of Justice, and thus to the executive branch.
While judicial bench magistrates are appointed with the binding opinion of the High Council of the Judiciary under Article 28 of the ordinance, prosecutor's office magistrates are appointed based on a non-binding opinion, which does not constrain the Keeper of the Seals.
Like judicial bench magistrates, Prosecutors of the Republic are appointed by decree of the President of the Republic. Prosecutors General, however, are appointed by decree in the Council of Ministers.
As a result of the hierarchical structure of the prosecutor's office, prosecutors and their deputies do not benefit from the immovability guarantee afforded to judicial bench magistrates. However, the 1958 ordinance grants them freedom of speech during hearings to present requisitions they deem appropriate, including requests for discharge or acquittal.
Attire
Like judicial bench magistrates, Prosecutors of the Republic wear attire specified in Table 1, annexed to the Code of Judicial Organization. For the Court of Cassation and Courts of Appeal, this consists of a black robe for regular hearings and a red robe for solemn hearings. In other jurisdictions, a black robe is worn. Deputies typically wear only the black robe.
European Court of Human Rights ruling
On 10, the European Court of Human Rights, in its Medvedyev 1 ruling, determined that the prosecutor cannot be considered a judicial authority under Article 5 of the Convention:
The Prosecutor of the Republic is not a 'judicial authority' as understood in the Court's case law: as the applicants point out, the prosecutor notably lacks independence from the executive branch to be so qualified.
Responsibilities
In France, the Public Prosecutor has a dual role: a "political" mission and a sovereign mission. Their responsibilities are defined in the Code of Criminal Procedure.
As a member of the judicial hierarchy, the Prosecutor must implement the government's criminal policy, pursuant to, among others, Article 30 of the Code of Criminal Procedure: The Minister of Justice conducts the criminal prosecution policy determined by the Government. They ensure its consistent application across the Republic. To this end, they issue general criminal prosecution instructions to the magistrates of the public prosecutor's office.
Thus, based on government priorities, such as road safety, prevention of violence against individuals, or combating terrorism, the prosecutor will redirect the efforts of their office, reporting to the General Prosecutor. In recent years, successive governments have implemented "urban policies" in which prosecutor's offices are sometimes closely involved, through prosecutors' participation in local bodies, awareness campaigns, and educational initiatives in schools.
The responsibilities of the Public Prosecutor are outlined in Articles 1 and 31 of the Code of Criminal Procedure:
Criminal prosecution for the enforcement of penalties is initiated and conducted by magistrates or officials to whom it is entrusted by law.
The public prosecutor's office conducts criminal prosecution and requests the application of the law.
The prosecutor's mission involves identifying and investigating offences (contraventions, misdemeanors, and crimes) and deciding on the appropriate course of action under Article 40-1:
When they consider that the facts brought to their attention under Article 40 constitute an offence committed by a person whose identity and residence are known, and for which no legal provision prevents the initiation of criminal prosecution, the territorially competent Public Prosecutor decides whether it is appropriate:
Specific responsibilities of the Prosecutor General
The Prosecutor General has the following exclusive prerogatives:
1. Right to file an appeal beyond the appeal deadline available to the Public Prosecutor.
While the Public Prosecutor has a 10-day period from the pronouncement of a judgment by the police court (where appeal is available) or correctional court to file an appeal, the Prosecutor General has a 20-day period under Articles 548 and 505 of the Code of Criminal Procedure. This right is exclusive, meaning it can be exercised even if the Public Prosecutor waived their right to appeal.
2. Ability to be seized by a complainant through a hierarchical appeal in case of a complaint closed without further action by the Public Prosecutor.
This right is granted to complainants under Article 40-3 of the Code of Criminal Procedure.
3. Right to initiate criminal prosecution.
While the initiation of public action is typically the responsibility of the Public Prosecutor, the Prosecutor General, as their hierarchical superior, may, under Article 36 of the Code of Criminal Procedure, "instruct Prosecutors of the Republic, through written instructions included in the case file, to initiate or have initiated prosecutions or to refer such written requisitions to the competent court as the Prosecutor General deems appropriate."
These provisions highlight the hierarchical nature of the prosecutor's office, further reinforced by the Prosecutor General's authority to directly requisition public forces, whose members, including agents and judicial police officers, are under their supervision (Arts. 35 and 36, Code of Criminal Procedure).