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The function of public accuser , defending society, was established during the French Revolution by the decrees of 1 December 1790, 16 September 1791, 15 December 1791 and 15 February 1792, and disappeared when the Constitution of 22 Frimaire An VIII was introduced, establishing the reconstitution of the public accuser's office as it had existed under the Ancien Régime.[1]
Elected, as the other judges of the criminal court, the accuser was responsible for prosecuting offences admitted to the indictment by the grand jury. He was to receive complaints and ensure that court decisions were carried out. Public accusers also took over the administrative role of supervising judicial police officers, justice of the peace and gendarmerie officers. After the Thermidorian reaction, his powers were gradually framed and decreased to the benefit of the commissioner of the executive power.[2]
On 29 September 1791, the French Constituent Assembly decided that "public accusers will have the same costume as judges, with the exception of the feathers, placed around their hats; they will wear medals with the words 'public safety'.[3]
In each criminal court, the public accuser was responsible for prosecuting the case on behalf of the king, defending his prerogatives.[4] The other judges were elected on 15 February 1792.
The decree of 10 March 1793 created the Revolutionary Tribunal and appointed a public accuser and his two deputies to the court. Louis-Joseph Faure was the first public accuser to be appointed, but he preferred to give up the post and was replaced by Fouquier-Tinville, an office that he filled from the end of the month until 1 August 1794. His office as public accuser arguably reflected a need to display the appearance of legality during what was essentially political command, more than a need to establish actual guilt.
List of public accusers[edit]
- Pierre Louis Manuel till 15 February 1792
- Maximilien de Robespierre from 15 February to 10 April 1792
- F. Lallier from 11 April to 16 August 1792?
- Pierre-François Réal from 17 August 1792 to 12 March 1793?
- Louis-Joseph Faure 13 March 1793 (rejected election)
- Antoine Quentin Fouquier-Tinville from March 1793 to 1 August 1794
- Michel-Joseph Leblois from August 1794 to January 1795
- Antoine Judicis from January 1795 to 31 May 1795
References[edit]
- ^ Six Centuries of Criminal Law: History of Criminal Law in the Southern Netherlands and Belgium par Jos Monballyu, p. 62
- ^ https://criminocorpus.org/fr/outils/bibliographie/consultation/glossaire/5/
- ^ Isabelle Brunet, Pascal de Toffoli, Philippe Poisson, Marc Renneville. Accusateur public et parquet : origines et (r)évolution. Le Lien. Bulletin d’histoire judiciaire et pénitentiaire en Lot-et-Garonne, 2005, 1. ffhalshs-01393008f
- ^ Installation du Conseil-général de la Commune : 24 février 1792, l'an quatriéme de la liberté