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Abstract

France has never adopted the principle of jury trials in civil cases. For criminal trials, it was introduced during the Revolution in 1790, and by a law of the next year any qualified elector: could be chosen as a juror. It has never, however, been extended beyond the decision of the issue between the accused and the public. If (as is permitted) when the offense for which the prosecution is brought has caused pecuniary injury to some private individual, he joins himself to the cause, as a party (partie civile), and claims judgment in his favor for the damages which he has suffered (dommages­ interets) his demand is disposed of, in case of a conviction of the defendant, by the judges holding the court. The same course is taken when there is an acquittal, and the defendant claims damages from some private individual who has instigated the proceeding, for a malicious prosecution.

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