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32-621: The judicial police in France are responsible for the investigation of criminal offenses and identification of perpetrators. This is in contrast to the administrative police , whose goal is to ensure the maintenance of public order and to prevent crime. Article 14 of the French Code of Criminal Procedure provides the legal basis for the authority of the Judicial police. The separation of administrative and judicial policing functions dates to

64-678: A "police force responsible for assisting the judicial authority in the repression of crimes and misdemeanors". During the Belle Époque, under the Third Republic , the French government was under increasing political pressure to do something about the rising level of insecurity, due to the rise of organized, marauding bands of brigands operating in various regions almost with impunity in the face of dispersed and poorly trained municipal police, and insufficient numbers of national police. This came to

96-450: A given breach of the law. This teleological definition focuses on the goal of administrative policing, and takes into account the following functional and organic definitions: Administrative policing is defined by its goal of public peace ( ordre public ) which according to Article L.2212-2 of the code général des collectivités territoriales  [ fr ] assures "good order, safety, security, and public health". Safety speaks to

128-502: A head in the first decade of the 20th century, when organized criminal gangs pillaged, murdered, and tortured victims in several departments of France. In response, Clemenceau issued a decree dated 4 March 1907 which created a structure under the command of Commissioner Jules Sébille , who was the first head of the French judicial police. This was followed by another decree in December which established twelve regional brigades around

160-511: A limit to disorder, security to limiting the risk of accidents, and public health to limiting the risk of illness. It can be likened to the American theory of the police power . Good order is a more imprecise concept which has allowed the scope of the administrative police to expand and take into account morality and the protection of individuals against themselves. Article L.2212-2 of the code général des collectivités territoriales mandates

192-402: A person mise en examen or charged with a crime. (TC 19 October 1998, veuve Laroche) ) or protected the location of a possible crime (TC 12 December 2005, Prefect of Champagne-Ardenne). The judicial police are charged with noting an infraction and finding or arresting its authors. Its function is thus repressive, as opposed to the preventive nature of administrative policing. The distinction

224-417: A society includes public tranquility, safety and well-being. Two types of ordre public exist: A norm of ordre public is an imperative that the parties cannot set aside, generally in the name of protecting the weaker party. Administrative policing can fall under either local or national jurisdiction, but does not include searching for, or arresting, the perpetrator(s) of a particular offense. For example

256-582: Is essential where jurisdiction is uncertain and may lie with first an administrative judge, then a judicial judge, as it for responsibility, which is more easily triggered by administrative policing activities. Administrative policing manifests unilateral prescriptions. These administrative decisions may take the form of regulations (decrees, arrêtés, ...) or individual rulings (individual authorization, visa or use licence, permit, ID check, body searches, ...). Police powers cannot be delegated to an individual. Administrative police power can be general or special. In

288-515: The Carlingue , forging a reputation as a cold-blooded murderer and carrying out more and more summary executions . He developed links with the underworld of the era, then set up his own network with Raymond Naudy, Abel Danos known as Le Mammouth , Pierre Giblaise, Fernand " Le Poulet " and Jo Attia . However, his repeated crimes gradually brought him to the Gestapo 's attention. Sensing that

320-675: The Central Directorate of the Judicial Police (D.C.P.J.) to oversee the 18 regional offices, and in 1969 the network was extended by the creation of branches and detachments which operated under the regional offices. Administrative police in France Administrative police in France are French police tasked with preventing disturbances to the ordre public . and ensuring the public peace and preventing crime. Ordre public or public peace in

352-517: The Citroën 11 , the famous tractions avant (front-drive) cars. Hunted by Roger Borniche , the gang was partly dismantled after a raid in Champigny . It ended up separating and Pierrot le fou, considered to be dangerous and uncontrollable, once again found himself isolated and reduced to petty burglaries. On 6 November 1946, Pierrot, who was drunk, accidentally shot himself in the bladder during

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384-544: The Conseil départemental has been a police authority since the loi du 2 mars 1982  [ fr ] , in the area of traffic circulation on departmental roads outside of municipalities. Le police prefect is the police authority at the departmental level for traffic on highways ( routes nationales ) outside of municipalities but especially for the many special police forces (hunting, fishing, environment, sanitation, and through control of municipal police). The power of

416-568: The French Border Police and the traffic police have certain powers to detain and ask for identification, but are not involved in criminal investigations. The goals of administrative police are distinct from those of the judicial police who, under Article 14 of the Code of Criminal Procedure can investigate and arrest people for prosecution and punishment. The separation of administrative and judicial policing functions dates from

448-661: The Liberation , when the judicial police became part of the Sécurité Publique, and the SRPJ became regional mobile police brigades. That lasted only a year, and in 1947 the regional judicial police services were reestablished with 17 offices around the country. A number of violent crime gangs formed in the post-war period, forcing the Judicial police to adapt, with the creation of anti-gang task forces called GRBs ( groupe de répression du banditisme ) in 1949. This period

480-627: The Stavisky affair in 1933, or of the serial killer Eugen Weidmann in 1937. In 1941, reforms in the management of the national police under the Vichy regime reshuffled the Judicial police (at that time, the Service de police judiciaire ) and merged the regional mobile brigades with the security forces, which took on the name "Regional Judicial Police Services" ( Services régionaux de police judiciaire , SRPJ). These reforms were undone in 1946 after

512-534: The 1795 Code of Offences and Penalties , and is still in force today. It is a functional distinction, which does not necessarily imply an organizational separation: a single organization may be charged with carrying out both types of police functions: one example is the National Gendarmerie . The judicial police was formed by Georges Clémenceau , who was Minister of the Interior, in order to create

544-405: The 1795 Code of Offences and Penalties , and is still in force today. This functional distinction does not necessarily imply an organizational separation: a single organization may perform both types of policing: an example is the National Gendarmerie . Administrative policing is an activity intended to assure the ordre public but does not include searching for, or arresting, the perpetrator of

576-611: The Conseil d'État overturned an order of the mayor of Toulouse that for esthetic reasons very precisely regulated the dimensions and shape of funerary monuments in the cemetery). But this decision is outdated, and currently put back in question by the law of 19 December 2008 which gave the mayor police power over the monuments under the supervision of the administrative judge. The legality of administrative police actions to protect individuals against themselves (22 January 1982), Auto défense and 9 July 2001, Préfet du Loiret ), and protect

608-423: The administration only acts on its responsibility in cases of faute lourde . The distinction between administrative policing and judicial policingis nonetheless sometimes delicate. Indeed, it is often exercised by the same individuals ( police , gendarmes ) and an administrative police operation may transform into a judicial police operation. For example, police officers who carry out body searches ("frisking") at

640-604: The case of cinema, if this is justified by local circumstances. ( Conseil d'Etat , 18 December 1959, Société des films Lutetia ) Morality has also been monitored in terms of respect for preserving human dignity , since the Morsang-sur-Orge decision  [ fr ] ; (Conseil d'État, 27 October 1995), which concerned dwarf tossing . The Conseil d'État can also take into account esthetic issues (2 August 1924), Leroux , 18 February 1972, Chambre syndicale des entreprises artisanales du bâtiment de la Haute-Garonne :

672-468: The country, dedicated to fighting organized crime. By 1909, there were some early successes, with 2700 arrests, including for 65 murders, and various rapists, fraudsters, counterfeiters, and burglars rounded up. By 1910, their tools included automobiles. Clemenceau wanted them to become a kind of rapid deployment force, in order to combat the increasing sophistication of gangs who took advantage of improvement in communications for better means of escape, which

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704-415: The entrance to a stadium do so as an exercise of their administrative police powers (prevention of violence), but if in so doing they find narcotics, any subsequent arrest would be a judicial police operation (acting on an infraction). Inversely, a judicial police operation may transform into an administrative police operation. For example towing and impounding a vehicle (a judiciary police operation) but once

736-533: The general regulatory power (Article 21 of the Constitution of 4 October 1958 ) exercises police power at the national level . The special authorities of the police are different: the Minister of Culture is charged with policing cinema; thele Minister of the Interior with policing foreigners. The préfet de zone de défense et de sécurité disposes of both general and special powers. The president of

768-454: The judicial police as the agency representing France in Interpol . In 1929, the first central office of the judicial police was created, in order to fight against counterfeiting ( Office central pour la répression du faux monnayage ; O.C.R.F.M.). This period also marked the involvement of the mobile brigade in the resolution of sensational cases such as the swindler Clément Passal in 1929,

800-514: The latter case it applies only to certain categories of person (foreigners), of places (railway stations, airports), or of activities (hunting, fishing, cinema). The administration has a duty to exercise its police power, but refusing to do so is only illegal if this refusal results in a failure to meet its legal obligations to maintain the ordre public . In the same way, a refusal to take police action need not be explained. Police actions never create rights and therefore may always be withdrawn, since

832-456: The mayor only has very limited powers in matters of policing: fairs and markets, and cleanliness of the public roadways. The other police powers belong to the prefect of police. Pierre Loutrel Born into a peasant family, he engaged in petty theft before profiting from the German occupation of France and using it to develop his criminal activities. From 1941 to 1944, he was a member of

864-600: The municipal police, but administrative policing is also exercised by those whose ordre public authority stems from the Minister of the Interior. Article 12 of the Declaration of the Rights of Man and Citizen of 1789 is a foundational text for that authority, Initially, administrative judges only took immorality into account if it might provoke a significant disorder. Today they do take morality into account, notably in

896-402: The prefect also extends to continental waters. The mayor exercises police power on the level of the commune. In communes with more than 20,000 inhabitants, however, as well as of certain smaller communes, police personnel fall under the state's French Civil Service even though it executes the arrêtés of the mayor's policing. The prefect assures respect for the public peace. In Paris ,

928-740: The scattered and disconnected municipal police authorities were unable to keep up with. There was some reorganization of regional brigades, and expansion to 15 regional centers in 1911. During the First World War, there was a focus on counterespionage, including the Mata Hari affair. After the war was over, there was some additional restructuring, ending up in 1924 with 16 brigades, 85 commissioners, and 290 inspectors. In order to better cooperate with other countries in Europe in combatting crime in France, new regulations were instituted in 1928 naming

960-644: The tide was changing, "Pierrot le fou" thus decided to join the French Resistance , getting them into talks with him by gunning down a German officer on the terrace of a café in Toulouse . Upon the Liberation, he renewed his acquaintance with organised crime, getting involved in racketeering and pimping and gaining a reputation as an unscrupulous crime lord. With his team, he formed the famous Gang des tractions , named after their favoured vehicle,

992-664: The vehicle was impounded, an administrative police operation. In 1951, with the consorts Baud judgement, the Conseil d'État clarified the criterion of the "finality" of the operation. This criterion was taken back up in that same year by the Tribunal des conflits in the Dame Noualek judgement. and by the Court of cassation in the Giry decision Police power is shared among several holders. The Prime minister as holder of

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1024-675: Was marked by the arrest of gang leaders such as Pierre Loutrel , better known as "Pierrot le fou" ("Crazy Pete") in 1948, and Émile Buisson , "the slippery one" ( l'insaisissable ) in 1950, the theft of jewels of the Begum Aga Khan in Nice in 1949, the Dominici affair in 1952, and the Eric Peugeot kidnapping case in 1960. The Law of 9 July 1966 pushed by de Gaulle established a national police force in France, and created

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