In France, the Public Prosecutor is the magistrate of the public prosecutor's office responsible for criminal prosecution within the of a . The prosecutor is assisted by deputy prosecutors and assistant prosecutors, who are also magistrates, and together they form the prosecutor's office of a judicial court.
The French Ministry of Justice explains that:
The role of the prosecutor emerged in the 14th century within the legal profession, at the request of the parliaments. Its title and functions were inspired by procedures developed within the courts of the Inquisition.
As , , recalled in his opening speech at the symposium on :
Prosecutors of the Republic and their deputies, as well as prosecutors general, their respective deputies, , judges, and , are part of the magistracy. They are therefore subject to the provisions of the ordinance of establishing the organic law on the status of the magistracy.
Unlike judges, the prosecutor, along with their , is part of the "standing magistracy," so named because its members stand during hearings to present their , in contrast to the (or ), whose members, the judges, remain seated throughout the proceedings.
Several factors distinguish them from judicial bench magistrates in their status. Article 5 of the aforementioned ordinance states:
Thus, the prosecutor's office is hierarchical, meaning that the Public Prosecutor has authority over their deputies and is, in turn, subject to the instructions and directives of the Prosecutor General at the within their jurisdiction. All members of the prosecutor's office are ultimately accountable to the Keeper of the Seals, Minister of Justice, and thus to the executive branch.
While judicial bench magistrates are appointed with the binding opinion of the under Article 28 of the ordinance, prosecutor's office magistrates are appointed based on a non-binding opinion, which does not constrain the Keeper of the Seals.
Like judicial bench magistrates, Prosecutors of the Republic are appointed by of the President of the Republic. Prosecutors General, however, are appointed by .
As a result of the hierarchical structure of the prosecutor's office, prosecutors and their deputies do not benefit from the immovability guarantee afforded to judicial bench magistrates. However, the 1958 ordinance grants them freedom of speech during hearings to present requisitions they deem appropriate, including requests for discharge or acquittal.
From a statutory perspective, the Public Prosecutor is a magistrate of the "first grade" (or "outside hierarchy" for larger courts). This means that appointment as a Public Prosecutor is only possible after being listed on the first-grade advancement table (after at least 7 years of career). In practice, the magistrate will typically have held at least one first-grade position (e.g., assistant prosecutor or deputy president) before being appointed prosecutor.
Like judicial bench magistrates, Prosecutors of the Republic wear attire specified in Table 1, annexed to the . For the Court of Cassation and Courts of Appeal, this consists of a black robe for regular hearings and a red robe for . In other jurisdictions, a black robe is worn. Deputies typically wear only the black robe.
On , the European Court of Human Rights, in its Medvedyev 1 ruling, determined that the prosecutor cannot be considered a judicial authority under Article 5 of the Convention:
In France, the Public Prosecutor has a dual role: a "political" mission and a sovereign mission. Their responsibilities are defined in the Code of Criminal Procedure.
As a member of the judicial hierarchy, the Prosecutor must implement the government's criminal policy, pursuant to, among others, Article 30 of the Code of Criminal Procedure:
Thus, based on government priorities, such as road safety, prevention of violence against individuals, or combating terrorism, the prosecutor will redirect the efforts of their office, reporting to the General Prosecutor. In recent years, successive governments have implemented "urban policies" in which prosecutor's offices are sometimes closely involved, through prosecutors' participation in local bodies, awareness campaigns, and educational initiatives in schools.
The responsibilities of the Public Prosecutor are outlined in Articles 1 and 31 of the Code of Criminal Procedure:
The prosecutor's mission involves identifying and investigating offences (contraventions, , and crimes) and deciding on the appropriate course of action under Article 40-1:
When they consider that the facts brought to their attention under Article 40 constitute an offence committed by a person whose identity and residence are known, and for which no legal provision prevents the initiation of criminal prosecution, the territorially competent Public Prosecutor decides whether it is appropriate:
In the French judicial system, under the principle of discretionary prosecution, the Public Prosecutor has sole authority to determine the course of action for an offence, subject to the Prosecutor General's independent powers within the jurisdiction.
In this context, the Public Prosecutor, who holds the powers of a judicial police officer, oversees the activities of judicial police officers and agents within their jurisdiction.
As such:
When investigations lead to the referral of an alleged offender to a trial court (police court, criminal courts, assize court), the Public Prosecutor, personally or through their deputies, represents the public prosecutor's office to present appropriate requisitions. Under Article L122-4 of the : This reflects the principle of indivisibility of the prosecutor's office, meaning any magistrate in the office can perform procedural acts. This principle applies generally and is not limited to specific matters.
Based on the nature of the offence and resulting harm, the Public Prosecutor may opt for alternatives to prosecution:
Unlike the alternative measure under Article 41-1, which suspends the , the full execution of a penal composition, recorded in the No. 1 bulletin of the criminal record, extinguishes criminal prosecution, equivalent to an executed sentence.
The Public Prosecutor is not obligated to pursue prosecution for an offence and may decide to close a case without further action for reasons such as:
Under Article 40-2 of the Code of Criminal Procedure, the prosecutor must notify complainants of a decision to close a case without further action, specifying the legal or discretionary reasons justifying it.
This is the least known function to the general public but remains highly significant.
The civil and administrative responsibilities of a prosecutor's office are managed by the civil service within the judicial court, where the prosecutor's office is based. These include handling matters related to:
Additionally, the civil service manages relations with labor courts.
Under Articles 421 to 429 of the Code of Civil Procedure, the prosecutor's office mayâÂÂand in some cases mustâÂÂintervene as a principal or joined party in civil proceedings through written submissions handled by the civil service. Articles 423 and 424 specify that the public prosecutor's office may act as a principal party "to defend public order in response to facts that undermine it" and as a joined party "to provide its opinion on the application of the law in a case it has been notified of."
The role of the Public Prosecutor in addressing is limited to providing an opinion. They must be informed of each question raised and may provide an opinion through oral requisitions or a written submission. If the opinion is a separate, reasoned written document, it is forwarded to the Court of Cassation if the question is referred. Between and , the prosecutor provided a favorable opinion in 55% of cases referred to the Court of Cassation for priority constitutional questions.
As an exception to the principle of confidentiality of investigations, the Public Prosecutor may, "on their own initiative or at the request of the investigating court or parties, disclose objective procedural elements that do not assess the merits of charges against the accused" to "prevent the spread of incomplete or inaccurate information or to address a disturbance to public order."
This provision was introduced by the . Previously, journalists relied on investigating judges. Communication with the media is now part of prosecutors' continuing education.
The Prosecutor General has the following exclusive prerogatives:
While the Public Prosecutor has a 10-day period from the pronouncement of a judgment by the police court (where appeal is available) or correctional court to file an , the Prosecutor General has a 20-day period under Articles 548 and 505 of the Code of Criminal Procedure. This right is exclusive, meaning it can be exercised even if the Public Prosecutor waived their right to appeal.
This right is granted to complainants under Article 40-3 of the Code of Criminal Procedure.
While the initiation of public action is typically the responsibility of the Public Prosecutor, the Prosecutor General, as their hierarchical superior, may, under Article 36 of the Code of Criminal Procedure, "instruct Prosecutors of the Republic, through written instructions included in the case file, to initiate or have initiated prosecutions or to refer such written to the competent court as the Prosecutor General deems appropriate."
These provisions highlight the hierarchical nature of the prosecutor's office, further reinforced by the Prosecutor General's authority to directly requisition public forces, whose members, including agents and , are under their supervision (Arts. 35 and 36, Code of Criminal Procedure).