Guillaume LEYTE - Professor
Eric BOURNAZEL - Professor (université Paris 2 Panthéon-Assas)
Jean-Marie CARBASSE - Professor
Jacqueline HOAREAU - Professor (université de Limoges)
Martial MATHIEU - Professor (université de Grenoble)
From the reign of St. Louis, criminal justice represents a major part of the work of the Court of the King. Indeed, while a true State of law is being developed, the number of criminal cases risen before it increases steadily. Their settlement becomes an area where a specific policy is adopted, of which it is necessary to determine the objectives, the means and the outcome. The decisions taken by what is becoming the Parliament fall in line with the ideas of that time about the duties of the monarchy concerning the punishment of offenses and the maintaining of peace, while revealing that the judges are confronted on a regular basis to the difficulties posed by the composite character of the judiciary, and the entanglement of customs and personal laws. Applying justice consistently with the ideals of the monarchy makes it a necessity to set a judicial and legal framework, respectful for acquired rights, but also binding for criminal judges of the kingdom. The court forces them to respect a number of principles that it itself defines as the fundamentals of the criminal trial. The way to solve the disorder caused by the criminal act becomes essential: after defining the elements necessary for the attribution of a punishable offense, the court applies and enforces penalties that are always meticulously arbitrated accordingly to the damage and to the guilt. Thus, the prosecution of crimes, the settlement between judges, or between the judges and private persons are all privileged areas for the defense of public good: through those, the court makes sure that crimes do not go unpunished, even if room is always left for mercy, and will be dealt with through law.