Scientific Journal of Law and Modern Studies

Scientific Journal of Law and Modern Studies

Challenges facing Criminal procedure Reformers in France: An analysis and emphasis on the rights of suspects

Document Type : Review Article

Author
Master of Law, Department of Law, Payam Noor University, Karaj Branch, Iran. (Corresponding Author)
Abstract
The French Criminal Procedure Code is one of the most challenging judicial institutions, which has caused widespread protests in the country; previously, on the one hand, undifferentiation of duties of judicial officials, including the police, investigators, and judges, , and the neglect of the rights of the accused during the trial, on the other hand, had created major challenges in the country's judicial system; which caused the European Convention on Human Rights has obliged the country's judicial system to implement fundamental reforms in it's criminal procedure since early 2010. In the new approach, although theoretically significant changes have been made in the judicial system, practically the previous trend dominates the aforementioned structure; Explanation: Although, contrary to previous practice, the right of access to a lawyer during the arrest of the accuser by the police and supervision of the police on arrest process or "Garde à Vue" has been admitted, practically, the continuation of discrimination, lack of clarity, extensive formalities, the continuation of previous processes and the lack of cooperation of the interrogator are among the weaknesses that have seriously hindered the implementation of the reforms.
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  • Receive Date 13 April 2025
  • Revise Date 16 June 2025
  • Accept Date 28 June 2025