Page:The Constitutions and Other Select Documents Illustrative of the History of France, 1789-1907, Second Edition, Revised and Enlarged.pdf/268

238 citizens residing in the commune where the tribunal sits.

218. The civil tribunal pronounces in the last resort, in the cases determined by law, upon appeals from judgments, either of justices of the peace, or of the arbitrators, or of the tribunals of commerce.

219. The appeal from the judgments pronounced by the civil tribunal goes to the civil tribunal of one of the three nearest departments, as is determined by law.

220. The civil tribunal is divided into sections.

A section with less than five judges cannot pronounce judgment.

221. The assembled judges in each tribunal select among themselves by secret ballot the president of each section.

Of Correctional and Criminal Justice.

222. No one can be seized except in order to be brought before the officer of police; and no one can be put under arrest or detained except in virtue of a warrant of arrest from the officers of police or from the Executive Directory, in the case of article 145, or an order of arrest either from a tribunal or the foreman of the jury of accusation, or of a decree of accusation from the legislative body in the case where it has authority to pronounce, or of a judicial judgment of condemnation to prison or correctional detention.

223. In order that the warrant which orders the arrest may be executed, it is necessary: That it set forth formally the cause for the arrest and the law in conformity with which it is ordered That it has been made known to the one who is the subject of it and that he has been left a copy thereof.

224. Every person seized and brought before the officer of police shall be examined immediately or within a day at the latest.

225. If the examination discloses that there is no matter for inculpation against him, he shall be put at liberty at once or, if there is occasion to send him to jail, he shall be brought there within the shortest period possible, which in any case shall not exceed three days.

226. No arrested person can be detained, if he gives sufficient bail, in any of the cases where the law permits him to remain free under bail.