Listener of justice in France

Statute

The listeners of justice thus belong at the same time to the statute of the magistrature, of that of the probationers as well as general status of the public office.

The listeners members of the legal body

The listeners of justice belong to the legal body. They must lend Serment and are compelled with the Professional secrecy.

The law envisages incompatibilities to exercise a political mandate:

total incompatibility with the exercise of a mandate to the Parliament, the the European Parliament or the Economic and Social Council
restricted incompatibility with the exercise of a mandate of general regional adviser, or municipal in the spring of the jurisdiction to which the listener of justice belongs (Bordeaux and the town of training course),
incompatibility temporary in the springs where the listener of justice exerted since less than five years an elective public office, or made form application for an elective public office, except for the mandate of representative in the European Parliament.

Any failure of a listener of justice to the duties of its state can give place to the one of the disciplinary actions (Blâme, warning, temporary exclusion, final exclusion) and any breach of professional secrecy can be the criminal prosecution object. On the other hand, the listeners of justice on the other hand are protected from the Menace S, attacks of some nature that it is, of which they can be the object.

The listeners belong to the statute of the public office

In this quality, the general principle of the public office according to which the treatment is n the other hand versed of a “made service”, applies to the listener.

The “made service” of the listener must be appreciated taking into consideration its duty to follow the various activities envisaged as well by the teaching program as by the notes of the direction of ENM.

The listeners of justice can carry on any other activity paid or professional neither private nor public, and that they can assume with some title that it either no activity of teaching.

Field of competence

During their jurisdictional training course, during which they take part under the responsibility of the magistrates, with the jurisdictional activity, without being able however to receive delegation of signature, the listeners of justice can:

to assist the examining magistrate in all the acts of instruction,
to assist the magistrates of the public ministry in the exercise of the public action,
to sit in excess and to take part with advisory voice in deliberated on the civil and correctional jurisdictions,
to present orally in front of those of the requisitions or the conclusions,
to assist with deliberated on Courts of Assizes.

In addition, during his training course in a law firm, the listener will be able to substitute for the audience his Master of training course, under the control of this last, i.e. to plead in front of the courts.

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