crime, délit, and contravention

▪ criminal law

      three classifications of criminal offense that are central to the administration of justice in many Roman- and civil-law countries (for distinctions in Anglo-American law covering analogous offenses, see felony and misdemeanour). Crimes in French law are the most serious offenses, punishable by death or prolonged imprisonment. A délit is any offense punishable by a short prison sentence, usually from one to five years, or a fine. Contraventions are minor offenses.

      Civil-law countries traditionally have used all three categories, corresponding to three types of tribunals: police courts (tribunaux de police), which determine guilt in cases of minor penalties; courts of correction (tribunaux correctionnels), requiring judges but no jury, which try all other cases not involving serious bodily harm; and full courts with a jury in other crimes.

      In the 19th century, legal scholars argued for the reduction of categories of crime to two instead of three. This recommendation was incorporated into many criminal codes, including those of Sweden, Denmark, The Netherlands, Portugal, Italy, Brazil, Norway, Venezuela, and Colombia. Délit was generally defined as an infraction inspired by a criminal intent and infringing directly on the rights of individuals and groups, thus including offenses that had previously been designated crimes. Contravention came to mean any act committed without criminal intent but forbidden by law.

      Most countries adopting the new definitions retained the three-tiered structure of the judiciary. In consequence, an informal yet important distinction was made between délits moins graves and délits graves—that is, between ordinary délits and crimes involving serious bodily harm that were reserved for trial by a full court with a jury. These procedural differences reduced the usefulness of the single term délit. Consequently, some countries, such as Hungary, Denmark, and Romania, continue to classify crimes in three rather than two categories. Only The Netherlands has pursued the logic of the dual categories of offenses by reducing the number of criminal tribunals from three to two. Most countries continue to try to reconcile a three-tiered court system with a modified form of the délit-contravention distinction. A person who commits a délit moins grave—e.g., larceny—is brought directly to trial before a judge sitting without a jury. The guilt or innocence of one who commits a contravention is determined summarily in a police or magistrate's court.

      These distinctions have led to important differences in the treatment of related offenses, such as attempts. Criminal attempts are routinely punished when the substantive offense would be a crime or a délit grave. An attempt of a less serious offense is usually ignored.

      At one time, a hybrid category of self-regulatory crimes existed, délits-contraventions, which included such offenses as alcoholism, gambling, and breaches of health laws that carried penalties of more than one year's imprisonment. Many systems have abolished this category by treating all offenses that impose such sentences as délits. This ensures that the same defenses available to a charge of robbery or assault are also available to one who commits other equally consequential crimes.

      The distinctions between crime, délit, and contravention are not comparable to the Anglo-American distinctions between felony and misdemeanour. The latter belong to a fundamentally different evolution of criminal law.

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