Criminal Procedure Code at New Caledonia (France)
New Caledonia, as a French overseas territory, applies the French Code of Criminal Procedure (Code de procédure pénale), with specific adaptations tailored to its local context. These adaptations ensure the criminal justice system aligns with both French national standards and the unique legal and administrative framework of New Caledonia.
⚖️ Legal Framework in New Caledonia
The application of the French Code of Criminal Procedure in New Caledonia is governed by various decrees and ordinances that adapt the national code to the territory's specific needs. Notably:
Decree No. 2005-163 (23 February 2005): This decree outlines the application of certain provisions of the Code of Criminal Procedure in overseas territories, including New Caledonia. It specifies which articles are applicable and any modifications or exceptions pertinent to the local context. (Machine Translation of "Decree No. 2005-163 Of 23 February 2005 On The Application Of Certain Provisions Of The Code Of Criminal Procedure Overs..." (France))
Ordinance No. 96-267 (28 March 1996): This ordinance addresses the entry into force of the new Penal Code in overseas territories and the extension and amendment of certain laws necessary for its implementation in New Caledonia. (Ordinance No. 96-267 of March 28, 1996 concerning the entry into force of new Penal Code in territories overseas and in the territorial collectivity of Mayotte and the extension and amendment of certain laws necessitated by the entry into force (as last amended by Law No.2001-616 of July 11, 2001), France, WIPO Lex)
🧾 Key Provisions and Adaptations
While the core principles of the French criminal procedure apply, several provisions are tailored to suit New Caledonia's legal landscape:
Article 859-1 of the French Code of Criminal Procedure: This article extends the time limit for certain legal procedures to 15 days when the transfer is made from New Caledonia, acknowledging the geographical distance and logistical considerations. (Article 859-1 of the French Code of Criminal Procedure - French Business Law)
Decree No. 2005-391 (27 April 2005): This decree amends the Code of Criminal Procedure concerning its application in New Caledonia, particularly in matters related to the enforcement of sentences and the operation of penal institutions. (Machine Translation of "Decree No. 2005-391 27 April 2005 Amending The Code Of Criminal Procedure Third Part: Decrees) Applicable In New Caledon..." (France))
📚 Accessing the Code
For comprehensive details on the Code of Criminal Procedure as it applies in New Caledonia, the official French government publication is available:
🔗 Légifrance – Code de procédure pénale
Please note that while the primary text is in French, official translations may be available upon request from the French Ministry of Justice or through legal translation services.
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