The correctionnalisation is the fact of judging a crime, which is normally the assize Court, a correctional CourtThe correctionnalisation legislative, when the legislature decides to downgrade a crime as a crime by diminishing the punishment, The correctionnalisation court, when the magistrate(s) type(s) of a case deforms(nt) voluntarily the reality of the facts, minimizing. This is to forget an aggravating circumstance, or a constituent element of the crime, or breach of the principles of cumulation of offences. Indeed, in its capacity as the sole holder of the opportunity of the prosecution, it is up to him the initiative to make this decision. But note that the investigating Judge and the board of education may be encouraged to also use this process. Regarding the correctionnalisation of legislation, it is used to short-circuit the jury, which is often unpredictable, especially in the case of crimes of passion where it is common for the jury to decide in favour of the acquittal. Therefore, make use of the correctionnalisation ensures that the perpetrator will be judged by professional judges who will no doubt be more rigorous (in all senses of the term) that a jury popular. For is the correctionnalisation judicial it allows not to clutter up the Courts of assize. Given the high number of crimes, it would indeed be difficult of all the trials before a Court of assizes. It is only to see If this is a common faculty of correctionnaliser a crime may seem very unfair for the victim of the offence who wished to see appear before a criminal Court, the implementation of this process can be useful in situations where the victim herself may be of interest: the victim wishes to minimize the media coverage of the trial. The law of the neu fmars called"Loi Perben II"is coming to restrict the possibility of challenging a correctionnalisation. In effect, the act provides that if the parties do not dispute the qualified ion corrections given to the facts during the settlement of instructions, these parties would not be able to do it in front of the correctional Court.
Once the reference before the correctional Court is decided by the investigating Judge or the Chamber of the instruction, neither the parties nor the court itself, can only rely on the criminal nature of the facts.
There are exceptions, including when the victim is constituted as a civil party after the closing date of the statement, it will then be able to raise incompetence to the trial court. There is a second exception to this is if the magistrates Court, was arrested for an unintentional offense, but it appears in the light of the debates that the facts are criminals because intentional. This practice is the subject of a lively controversy Some consider that it constitutes an interpretation of the law, including article forty of the MPC resulting in the denaturation of a criminal offence of a crime. Others, however, find it objectionable because it goes against various rules of the fund and of the form: These rules are of public order, that is to say that the parties are not entitled to derogate from these rules. Of more, the court shall verify ex officio their jurisdiction, because these rules imply the invalidity of the procedure and the decision that was made. The question that arises is whether this process, which is the correctionnalisation is not of a nature to operate a trivialization of the gravity of certain facts, qualified facts of a crime by the law.
In fact, the author of the crime has seen its offense lose in terms of severity, so the sentence that will be imposed will necessarily be less severe than the criminal penalty.
