Evidence and proof under the French criminal procedure

Abstract

This article discusses evidence under the French Code of Criminal Procedure, with its many and significant distinctive features, which are useful and curious to both theorists and practitioners alike. First, instead of an investigator, we see a forensic investigator. Secondly, the familiar concept of «investigative action» has been transformed into «judicial investigation». This had a significant impact on the rights and obligations of the participants in the process. In addition to the evidence traditionally understood in Russian jurisprudence, the Criminal Procedural Code of the French Republic also contains a list of actions that domestic jurisprudence usually refers to operational-investigative activities. This led to the emergence of unusual rights for prosecutors and judges, leading to an increase in guarantees of individual rights and freedoms. Relevant for the domestic jurisprudence of the question of evidentiary value of nonprocedural information in accordance with the Code of Criminal Procedure of the French Republic becomes not only admissible, but also attractive.