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fAcEtIOUs
Premium
join:2002-03-03
kudos:4

4 edits

reply to sonicmerlin

Re: um

said by sonicmerlin:

Why would they change their mind?
Previous law had no recourse in courts and was purely administrative by a gov't dept and that is why they invalidated it. The new law requires a court hearing before someone can be cutoff. Even if the hearing only lasts 5 mins.

P.S.>> Unlike UK & US, which is based on common law principles, France is based on the Napoleonic code. And under that you are NOT assumed to be innocent unless proven guilty. Quite the opposite actually. Once charged by an examining magistrate you are assumed guilty unless you prove otherwise.

wolfhouse

join:2001-03-01
Westfield, NJ

Not correct. French citizens have the right to the "Présomption d'innocence", which is equivalent to the innocent until proved guilty. The judge will decide of the culpability and to do so has to be convinced that there are no doubts regarding said culpability. If there remain doubts there will be a "non-lieu". Well that's how I understand it.


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