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Garde à vue[edit]

In terrorism cases, this can mean indefinite detention. I think I translated an article about this; don't know if it survived Elinruby (talk) 16:39, 14 January 2023 (UTC)[reply]

That could be, but normally it's limited to 24 hours, and then they have to let you go, or charge you. Mathglot (talk) 06:47, 15 January 2023 (UTC)[reply]

Should this just say Glossary of French law?[edit]

Maybe overthinking Elinruby (talk) 20:04, 14 January 2023 (UTC)[reply]

Eventually, some day, but not now. I considered doing that, until I realized the scope of the issue—it would never get finished. As it is, just dealing with criminal law, it's probably only 10% done, if that: have a look at the criminal law terms from:
and administrative law is most of it. So I'd like to stick to just criminal law for now, so I can get back to the Nav template {{French criminal law}} and start picking off the red links to create new articles, which will be a several months project, probably. If we expand it to all French law now, I'll never get to it. Once the criminal law part is done, we can talk about expanding it to all of French law, but that's a huge project. Mathglot (talk) 06:45, 15 January 2023 (UTC)[reply]
Given that, I think some of the terms are from administrative law and are out of scope: dit, force obligatoire du contrat, nom, nom de famille, nullité absolu, nullité relatif, surnom. A few others I wasn't sure if they were or not: consentement, droit positif, Vice du consentement. These seem fine: Gendarmerie Nationale, Jugement, responsabilité. Let's leave it to criminal law for now, and we can expand it later once it's released. Mathglot (talk) 06:45, 15 January 2023 (UTC)[reply]
I believe that most of the words applicable solely to administrative law have now been moved over to Draft:Glossary of French administrative law. In a few cases, labeled section transclusion has been used to include a definition that crosses the boundary between criminal and administrative law in both glossaries, to ensure they stay in sync. Mathglot (talk) 11:16, 24 January 2023 (UTC)[reply]
The other reason it should be limited to criminal law, is that it's 60kb already, and I doubt it's one quarter done, yet. As it is, it will push the limit on article size when it's done (probably 200-300kb), and if we broadened the topic at all, it would explode in size. We'd end up having to split it later anyway, just to end up where we are now. Mathglot (talk) 11:35, 24 January 2023 (UTC)[reply]
As it is now 220kb, and still growing, I think it's clear now that this should not just be glossary of French law. Mathglot (talk) 09:01, 19 August 2023 (UTC)[reply]

Top sources[edit]

Here are the top six sources I've been using for finding definitions of terms used in French criminal law. Note that three of these are bilingual (French headwords, English descriptions):

  • Council of Europe's Legal Dictionary[1] (print book; about half the book viewable in Google books; bilingual)
  • Doucet's Dictionnaire de droit criminel[2] (online; free; very complete)
  • Elliott's "French Criminal Law"[3] (print book; some pages viewable in Google books; bilingual)
  • The Justice.fr glossary[4] (online; free; in French)
  • Ministre de la Justice key words glossary[5] (online; free; monolingual)
  • Dalloz fiches d'orientation[6] – hundreds of introductory monographs about individual themes of French law (not exclusively criminal law), closely tied to the statutes; example: Dol. (online; free preview; free registration required for full access)

Note that except for Doucet and Elliott, which are about criminal law only, the others are about French law in general, so not every item listed in them is in scope for this article; only the ones relating to criminal law should be considered for addition to this glossary. Additionally, Légifrance has an exhaustive collection of all French laws; simplified access is available in many cases via templates {{Legifrance}}, {{cite Legifrance}}, and {{sfn Legifrance}}. Mathglot (talk) 11:28, 24 January 2023 (UTC) updated by Mathglot (talk) 22:12, 6 February 2023 (UTC)[reply]

Add Tomlinson-1999,[7] a translation into English of the 1994 penal code, by Edward Tomlinson. Mathglot (talk) 09:21, 19 August 2023 (UTC)[reply]
Add the 26-page glossary in Elliott-Jeanpierre-Vernon-2006, and 11-page glossary in de Noblet-2004. Mathglot (talk) 11:11, 27 September 2023 (UTC)[reply]

References

  1. ^ Bridge, F. H. S.; Council of Europe (1 January 1994). The Council of Europe French-English Legal Dictionary. Council of Europe. pp. 177–. ISBN 9789287124968. OCLC 1232989547.
  2. ^ Doucet, Jean-Paul (11 April 2019). "Dictionnaire de droit criminel" [Dictionary of Criminal Law] (in French). Archived from the original on 7 January 2023.
  3. ^ Elliott, Catherine (2001). French Criminal Law. Portland OR: Willan. ISBN 978-1-135-99307-8. OCLC 49494876.
  4. ^ French Ministry of Justice (2023). "Lexique | Justice.fr" [Glossary | Justice.fr]. Ministère de la Justice (in French).
  5. ^ French Ministry of Justice (6 August 2008). "Les mots-clés de la Justice - Lexique" [Key words of Justice - Lexicon]. Ministère de la Justice (in French).
  6. ^ Dalloz fiches d'orientation A-Z list
  7. ^ * "France, French Penal Code of 1994 as Amended as of January 1, 1999". American Series of Foreign Penal Codes. 31. Translated by Tomlinson, Edward A. Littleton, Colorado: F. B. Rothman. 1999. ISSN 0066-0051. OCLC 1480723 – via HeinOnline.

Former external links section moved here[edit]

Very useful links including glossaries from the ministry of justice, and numerous others.
External links

⦁ Lets mots clés de la justice - Lexique: a · b · c · d · e · f · g · h · i · j · k · l · m · n · o · p · q · r · s · t · u · v · w · x · y · z

Canadian sources:

The former External links section was moved here at 02:04, 25 September 2023 (UTC).

Initial launch[edit]

The initial version is now released to main space. The list is far from exhaustive, please add items you run across, either directly to the article, or here on the Talk page if you only have a headword but no definition for it. If you need a source, try one of the #Top sources above; in particular, Prof. Doucet's dictionary has just about everything you could possibly want (with a few exceptions). Please bear in mind that the scope limits terms here to criminal law exclusively; see Draft:Glossary of French administrative law for other terms, and Draft:Glossary of French civil law is still t.b.d., and probably bigger than both of them. Adding @Elinruby, Scope creep, and JBchrch:. Mathglot (talk) 23:17, 6 February 2023 (UTC)[reply]

@Mathglot and Elinruby: Ref 31 is damaged. Can you take a look at it. scope_creepTalk 23:35, 6 February 2023 (UTC)[reply]
 Done Good catch! Mathglot (talk) 00:10, 7 February 2023 (UTC)[reply]

Ref 153[edit]

@Mathglot: Ref 153 is reporting a Harv eror as the definition is missing. I found the site, but accessing the "Mises... " term as behind a paywall. Can you take a look at it and add the entry. scope_creepTalk 12:36, 23 March 2023 (UTC)[reply]

Scope creep, should be fixed, now; thanks! It's a free-registration paywall; you get about 1/4 of the text without registering, but to see everything, you need to sign up. It's free, and I've never got a single spam mail; the only time I ever heard from them, was checking my email and confirming my registration. Their "fiches d'orientation" topic overviews by themselves are worth the effort of regsitering — you get access to introductory monographs about 1,500 legal concepts. As a teaser, here are the first five topic overviews listed in the A–Z list under 'L' :
You can click any of these and get the top fourth of the article without registering, to get an idea of their utility. Very much worth a free registration, for anyone editing in this topic area. Thanks again for the heads-up! Mathglot (talk) 19:02, 23 March 2023 (UTC)[reply]

Missing italic end tag - Linter[edit]

According to the script I have installed, as well as Special:LintErrors, the article has a mising end tag, but how the heck do I find where it is? User:Jonesey95 can you help? When you get a hit, how do you locate the problem on the page, other than exhaustive search, which doesn't work well in an article this long, even with syntax highlighting turned on? Mathglot (talk) 22:50, 25 March 2023 (UTC)[reply]

Click Edit to edit the whole page, then click the yellow LintHint button. It will display a list of errors. Click the down arrow next to the error that you want to fix. The edit window will jump to, and highlight, the section of text where it has detected an error. Sometimes, the actual error precedes the highlighted text; you need to look at the context of the wikitext formatting. In this case, the actual error is a stray tag prior to the {{sfn}}. Remove that stray italic formatting. Before saving, it is good to check your fix in two ways: 1) do a Preview and look at the rendered section, and 2) click the LintHint button again. If the button turns green, LintHint sees no further errors. – Jonesey95 (talk) 02:04, 26 March 2023 (UTC)[reply]
@Jonesey95, ohhh, thanks! I never knew the part about running it in Edit mode, I always use to just click it at the article page, and not know what to do after it said there were missing tags. This helps a lot. As it turns out, it still didn't work in the first two browsers I tried (Vivaldi, Chrome), but finally worked in Firefox. Thanks again, Mathglot (talk) 02:57, 26 March 2023 (UTC)[reply]

MOS:GLOSS[edit]

Long term compliance with mos:glossie is required. Calibrate and keep it there possible. scope_creepTalk 23:17, 28 March 2023 (UTC)[reply]

Actually, until it gets accepted as part of the MOS guideline, compliance is not required; it's not a policy, or even a guideline. Nevertheless, if you have certain recommendations for improving the article, they'd be worth raising, whether or not MOS:GLOSS is involved and supports it. Mathglot (talk) 09:44, 22 April 2023 (UTC)[reply]
) scope_creepTalk 20:32, 23 April 2023 (UTC)[reply]


Ref 61[edit]

Ref 61 is a broken ref. Is this Jean-Marc Sauvé, 2016. Seems to be [1] September 2016 according to this [2]. scope_creepTalk 20:32, 23 April 2023 (UTC)[reply]

@Scope creep: Yes, that's absolutely it, thanks! Added the ref. Your "ref" finds are really helpful; a wee request, if I may: I don't always get to them right away, and sometimes the glossary has moved on, and ref [61] is no longer #61, so I have to hunt down the old version to figure out which one it was. If you can include the glossary term it occurs in, that would help. But the main thing is just finding and noting them, so thanks much for that! Mathglot (talk) 03:04, 1 May 2023 (UTC)[reply]

MDLJ Lexicon pages disappeared[edit]

The lexicon of the ministère de la Justice, formerly known as "Mots-clés de la justice" and located at numerous web pages starting at http://www.justice.gouv.fr/les-mots-cles-de-la-justice-lexique-11199/#alpha are no longer to be found at that url. Either we will have to find it elsewhere on the site, or use the internet archive, if they have it. This is a major loss if they are no longer there, as it contained excellent, brief descriptions of legal concepts organized alphabetically. I've written to the ministère de la Justice on their contact form, and hopefully will hear back. Mathglot (talk) 09:22, 6 July 2023 (UTC)[reply]

Maybe there's a bot that will run around, adding archive params to the dozens of citations that reference MDLJ. Mathglot (talk) 20:17, 6 July 2023 (UTC)[reply]
IABot is the one, and crawl requests can be made here: https://iabot.toolforge.org/index.php?page=runbotqueue&wiki=enwiki . Mathglot (talk) 06:21, 14 July 2023 (UTC)[reply]
I did eventually hear back, and their response was:
La page à laquelle vous vous référiez n'existe plus sur le nouveau site Justice.gouv.fr. Désormais, vous pouvez retrouver le lexique de la Justice sur le site Justice.fr : https://www.justice.fr/lexique/letter_a
but that site was one we already knew about and already use in a dozen footnotes, but it's not at all the same thing and certainly not a replacement for it, now very unfortunately removed from their site. Mathglot (talk) 18:21, 29 September 2023 (UTC)[reply]

Ran job 14571, but that only affected the anchor refs in the Works cited, not the pages in the sfn's; probably need to add links to them in the sfn's, or (temporarily?) add them to the Works cited, or maybe Further reading, to acquire the IA data from the bot. Mathglot (talk) 10:08, 15 August 2023 (UTC)[reply]

par voie d'exception[edit]

This seems to have multiple senses and translations, depending on context. Here's one, as seen in Code des Douanes, art. 356:[1]

Les tribunaux de police connaissent des contraventions douanières et de toutes les questions douanières soulevées par voie d'exception.

For the time being, I'm using this at Police tribunal (France):

"The police courts hear customs offenses and all customs-related matters raised by way of exception."

but not very confident about it. There are at least two or three senses at Linguee, including something like an "objection" in court, and somethingi about a sense of "illegality". Some examples:

  • Senat.fr: Le Sénat, dont le rapporteur était M. Jacques Larché, alors président de votre commission des lois, avait admis le principe du contrôle de constitutionalité exercé a posteriori par voie d'exception mais en l'assortissant de nombreuses réserves.
  • Conseil constitutionnel: La même présentation a d'ailleurs été reprise par le Conseil constitutionnel dans ses décisions du 18 octobre 2012(62) et du 15 février 2013(63) concernant cette fois le contentieux des élections législatives, dans laquelle il a statué, de nouveau, par voie d'exception, sur une question prioritaire de constitutionnalité. (4 occ's; this is the 1st)
  • Conseil d'Etat (pdf; 1MB) Toute juridiction par voie d'exception, sous réserve d'une question préjudicielle (1st of 13 occ's)
  • CC art. 73 Constitue une exception de procédure tout moyen qui tend soit à faire déclarer la procédure irrégulière ou éteinte, soit à en suspendre le cours. 20 occ's of exceptions in the civil code, Chapitre II : Les exceptions de procédure. (Articles 73 à 121)

Often shows up in administrative law context, so search terms should exclude that, or include "procédure pénale" for better relevance, e.g., "par+voie+d%27exception"+en+"procédure+pénale" article 521 "par voie d'exception" en "procédure pénale". Linguee has examples of "plea in objection", or "plea of illegality" (here). Needs research. Mathglot (talk) 00:14, 12 September 2023 (UTC)[reply]

Refs[edit]

  1. ^ Legifrance, Art. 356, Customs code.

Needing definition[edit]

  • information Laronde-Clérac-2021, partie 5, §176
  • instruction +def.: <Laronde-Clérac Procédure pénale, partie 5, §176
    • "l'ensemble des investigations menée par autorité judiciaire dans le but de rechercher les preuves et les auteurs de l'infraction afin de déterminer s'il convient de les renvoyer devant la juridiction de jugement "
  • par voie d'exception – see section above
  • plaidoiries – Juries and the Transformation of Criminal Justice
  • pourvoi en revision – ref. Dadomo-Farran p.194; cf. § pourvoi en cassation
  • procédure pénale – esp. vs. procédure criminelle which is more restricted; see Doucet fn. 1 at Code d’instruction criminelle de 1808
  • public law, private law

Mathglot (talk) 03:01, 17 September 2023 (UTC)[reply]

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