| Cours d'Appel. | Departments depending on them. |
| Orléans | Indre-et-Loire, Loir-et-Cher, Loiret. |
| Pau | Landes, Basses-Pyrénées, Hautes-Pyrénées. |
| Poitiers | Charente-Inférieure, Deux-Sèvres, Vendée, Vienne. |
| Rennes | Côtes-du-Nord, Finistère, Ille-et-Vilaine, Loire-Inférieure, Morbihan. |
| Riom | Allier, Cantal, Haute-Loire, Puy-de-Dôme. |
| Rouen | Eure, Seine-Inférieure. |
| Toulouse | Ariège, Haute-Garonne, Tarn, Tarn-et-Garonne. |
At the head of each court, which is divided into sections (chambres), is a premier président. Each section (chambre) consists of a président de chambre and four judges (conseillers). Procureurs-généraux and avocats-généraux are also attached to the parquet, or permanent official staff, of the courts of appeal. The principal function of these courts is the hearing of appeals both civil and criminal from the courts of first instance; only in some few cases (e.g. discharge of bankrupts) do they exercise an original jurisdiction. One of the sections is termed the chambre des mises en accusation. Its function is to examine criminal cases and to decide whether they shall be referred for trial to the lower courts or the cours d’assises. It may also dismiss a case on grounds of insufficient evidence.
The cours d’assises are not separate and permanent tribunals. Every three months an assize is held in each department, usually at the chief town, by a conseiller, appointed ad hoc, of the court of appeal upon which the department depends. The cour d’assises occupies itself entirely with offences of the most serious type, classified under the penal code as crimes, in accordance with the severity of the penalties attached. The president is assisted in his duties by two other magistrates, who may be chosen either from among the conseillers of the court of appeal or the presidents or judges of the local court of first instance. In this court and in this court alone there is always a jury of twelve. They decide, as in England, on facts only, leaving the application of the law to the judges. The verdict is given by a simple majority.
In all criminal prosecutions, other than those coming before the juge de paix, a secret preliminary investigation is made by an official called a juge d’instruction. He may either dismiss the case at once by an order of “non-lieu,” or order it to be tried, when the prosecution is undertaken by the procureur or procureur-général. This process in some degree corresponds to the manner in which English magistrates dismiss a case or commit the prisoner to quarter sessions or assizes, but the powers of the juge d’instruction are more arbitrary and absolute.
The highest tribunal in France is the cour de cassation, sitting at Paris, and consisting of a first president, three sectional presidents and forty-five conseillers, with a ministerial staff (parquet) consisting of a procureur-général and six advocates-general. It is divided into three sections: the Chambre des Requêtes, or court of petitions, the civil court and the criminal court. The cour de cassation can review the decision of any other tribunal, except administrative courts. Criminal appeals usually go straight to the criminal section, while civil appeals are generally taken before the Chambre des Requêtes, where they undergo a preliminary examination. If the demand for rehearing is refused such refusal is final; but if it is granted the case is then heard by the civil chamber, and after argument cassation (annulment) is granted or refused. The Court of Cassation does not give the ultimate decision on a case; it pronounces, not on the question of fact, but on the legal principle at issue, or the competence of the court giving the original decision. Any decision, even one of a cour d’assises, may be brought before it in the last resort, and may be cassé—annulled. If it pronounces cassation it remits the case to the hearing of a court of the same order.
Commercial courts (tribunaux de commerce) are established in all the more important commercial towns to decide as expeditiously as possible disputed points arising out of business transactions. They consist of judges, chosen, from among the leading merchants, and elected by commerçants patentés depuis cinq ans, i.e. persons who have held the licence to trade (see Finance) for five years and upwards. In the absence of a tribunal de commerce commercial cases come before the ordinary tribunal d’arrondissement.
In important industrial towns tribunals called conseils de prud’hommes are instituted to deal with disputes between employers and employees, actions arising out of contracts of apprenticeship and the like. They are composed of employers and workmen in equal numbers and are established by decree of the council of state, advised by the minister of justice. The minister of justice is notified of the necessity for a conseil de prud’hommes by the prefect, acting on the advice of the municipal council and the Chamber of Commerce or the Chamber of Arts and Manufactures. The judges are elected by employers and workmen of a certain standing. When the amount claimed exceeds £12 appeal lies to the tribunaux d’arrondissement.
Police.—Broadly, the police of France may be divided into two great branches—administrative police (la police administrative) and judicial police (la police judiciaire), the former having for its object the maintenance of order, and the latter charged with tracing out offenders, collecting the proofs, and delivering the presumed offenders to the tribunals charged by law with their trial and punishment. Subdivisions may be, and often are, named according to the particular duties to which they are assigned, as la police politique, police des mœurs, police sanitaire, &c. The officers of the judicial police comprise the juge de paix (equivalent to the English police magistrate), the maire, the commissaire de police, the gendarmerie and, in rural districts, the gardes champêtres and the gardes forestiers. Gardiens de la paix (sometimes called sergents de ville, gardes de ville or agents de police) are not to be confounded with the gendarmerie, being a branch of the administrative police and corresponding more or less nearly with the English equivalent “police constables,” which the gendarmerie do not, although both perform police duty. The gendarmerie, however, differ from the agents or gardes both in uniform and in the fact that they are for the most part country patrols. The organization of the Paris police, which is typical of that in other large towns, may be outlined briefly. The central administration (administration centrale) comprises three classes of functions which together constitute la police. First there is the office or cabinet of the prefect for the general police (la police générale), with bureaus for various objects, such as the safety of the president of the republic, the regulation and order of public ceremonies, theatres, amusements and entertainments, &c.; secondly, the judicial police (la police judiciaire), with numerous bureaus also, in constant communication with the courts of judicature; thirdly, the administrative police (la police administrative) including bureaus, which superintend navigation, public carriages, animals, public health, &c. Concurrently with these divisions there is the municipal police, which comprises all the agents in enforcing police regulations in the streets or public thoroughfares, acting under the orders of a chief (chef de la police municipale) with a central bureau. The municipal police is divided into two principal branches—the service in uniform of the agents de police and the service out of uniform of inspecteurs de police. In Paris the municipal police are divided among the twenty arrondissements, which the uniform police patrol (see further Paris and Police).
Prisons.—The prisons of France, some of them attached to the ministry of the interior, are complex in their classification. It is only from the middle of the 19th century that close attention has been given to the principle of individual separation. Cellular imprisonment was, however, partially adopted for persons awaiting trial. Central prisons, in which prisoners lived and worked in association, had been in existence from the commencement of the 19th century. These prisons received all sentenced to short terms of imprisonment, the long-term convicts going to the bagnes (the great convict prisons at the arsenals of Rochefort, Brest and Toulon), while in 1851 transportation to penal colonies was adopted. In 1869 and 1871 commissions were appointed to inquire into prison discipline, and as a consequence of the report of the last commission, issued in 1874, the principle of cellular
