Reconstructing French Criminal Justice: Procedural Codification, Criminal Trial Reform and the Constitutional Limits of Penal Efficiency
DOI:
https://doi.org/10.5281/zenodo.23620509Trefwoorden:
judicial accountability, proportionality, presumption of innocence, criminal investigation, fair trial, victims’ rights, procedural codification, judicial reform, criminal procedure, French criminal lawSamenvatting
French criminal law is undergoing a significant process of institutional and procedural transformation, driven by the need to improve the administration of criminal justice, reduce delays in adjudication, strengthen victim participation, modernise investigative techniques, and preserve the fundamental guarantees of a fair trial. These developments raise a central question: to what extent can procedural efficiency be increased without weakening the legality, impartiality, and legitimacy of criminal adjudication? This article examines contemporary reforms in French criminal justice through three interconnected developments: the recodification of the Code of Criminal Procedure under Ordinance No. 2025-1091 of 19 November 2025; the enactment of Law No. 2026-651 of 23 July 2026 on criminal justice and respect for victims; and the continuing expansion of investigative powers in response to complex and organised criminality. It evaluates the legal and institutional implications of these developments through the principles of legality, proportionality, the presumption of innocence, adversarial proceedings, effective defence, and judicial control. The article argues that procedural modernisation should not be assessed solely by its capacity to increase the number or speed of criminal convictions. Its legitimacy depends on whether procedural simplification is accompanied by effective safeguards, transparent judicial reasoning, adequate legal assistance, and meaningful remedies for unlawful state action. A sustainable model of criminal justice must therefore treat efficiency and procedural fairness as mutually reinforcing requirements rather than competing objectives.
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Declaration of the Rights of Man and of the Citizen 1789, Articles 8 and 9.
French Code pénal, Articles 111-3, 111-4 and 121-3.
European Convention on Human Rights, Articles 5, 6, 8 and 13.
Law No. 2023-1059 of 20 November 2023 on the orientation and programming of the Ministry of Justice for 2023–2027.
Ordinance No. 2025-1091 of 19 November 2025 rewriting the legislative part of the Code of Criminal Procedure.
Law No. 2025-532 of 13 June 2025 addressing narcotrafficking.
Law No. 2026-651 of 23 July 2026 on criminal justice and respect for victims.
French Ministry of Justice, Présentation des dispositions de procédure pénale de la loi n° 2026-651 du 23 juillet 2026 sur la justice criminelle et le respect des victimes applicables immédiatement, circular dated 24 July 2026.
French Senate, Étude d’impact: Projet de loi ratifiant l’ordonnance n° 2025-1091 du 19 novembre 2025 portant réécriture du code de procédure pénale, 5 May 2026.
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