Maritime law has its own rules and specific jurisdictions. Among these, the maritime courts occupy a special place in the French judicial architecture. Created by the Order of 2 November 2012, they replaced the former commercial maritime courts (TMC) to try offences against the safety rules applicable to ships and shipping. However, this specialised criminal court remains largely unknown to the general public. Let's find out how it works, its composition and its role in our legal system.
From the old to the new system of maritime courts
The history of the maritime courts is complex. Before the French Revolution, admiralty judges heard civil, criminal and disciplinary cases involving seafarers. The idea of a specific criminal regime for sailors already existed.
The commercial maritime courts were set up by a decree-law of 24 March 1852. They judged offences against shipboard discipline and maritime offences defined by the Disciplinary and Penal Code of the Merchant Navy (CDPMM).
A decisive step was taken on 2 July 2010. On that day, the Constitutional Council ruled that the composition of the TMCs was unconstitutional. The reason: the presence of military personnel or civil servants subject to the hierarchical authority of the government violated the principle of the independence and impartiality of the courts.
This decision accelerated the reform. The Order of 2 November 2012 profoundly amended the Act of 17 December 1926 and created the current maritime courts. The change came into force on 1 January 2015.
The current composition of maritime courts
The composition of the maritime courts is based on the principle of échevinage: professional judges sit alongside assessors from the maritime world.
Each Maritime Court comprises :
- Three professional magistrates, including the president, appointed by the president of the judicial court
- Two maritime assessors
Maritime assessors are chosen for their experience of maritime navigation. This experience may come from the merchant navy, fishing or even pleasure boating. They are entered on a list for a non-renewable five-year term, after selection by a committee chaired by the president of the judicial court.
To guarantee their independence, civil servants and public authorities in active employment may not sit as maritime assessors, unless they have ceased their activity more than five years previously.
Before taking up their duties, assessors take an oath and undergo compulsory training at the École nationale de la sécurité et de l'administration de la mer.
Substantive jurisdiction of maritime courts
The Maritime Courts judge maritime offences as defined by law. Article 2 of the law of 17 December 1926 specifies that these offences include :
- Offences defined in Part Five of the Transport Code
- The offences set out in Articles 42, 43 and 44 of the Order of 8 December 2016 on maritime areas
- Offences related to these offences
In practical terms, these courts deal with offences relating to navigation safety, such as :
- Failure to comply with maritime traffic regulations
- Lack of a safety certificate or pollution prevention certificate
- Refusal to obey a warship
- Sailing in violation of a departure ban
- Failure to assist a vessel in danger
- Exercising command without the requisite qualifications
They can also deal with certain offences under the Criminal Code when they are related to a maritime offence, in particular :
- Manslaughter (article 221-6 of the Criminal Code)
- Unintentional injury (article 222-19)
- Endangering others (article 223-1)
- Failure to assist a person in danger (article 223-6)
On the other hand, crimes, even those committed at sea, fall outside their jurisdiction. Similarly, certain maritime offences, such as those relating to ship identification or maritime labour law, continue to be tried by the ordinary courts.
Territorial jurisdiction and practical organisation
In France, six maritime courts are located in :
- Bordeaux
- Brest
- Cayenne
- Le Havre
- Marseille
- Saint-Denis de La Réunion
Their territorial jurisdiction is set by Decree no. 2014-1581 of 23 December 2014. They cover the entire national territory and waters under French jurisdiction.
The competent maritime court may be :
- The ship's port of registration
- From the port where the ship was taken
- The place where the vessel is attached to customs
- The port of disembarkation of the defendant
- The location of the regional maritime surveillance centre concerned
This rule allows a degree of flexibility in determining which court has jurisdiction.
Specific procedural rules
The procedure before the maritime courts largely follows ordinary law, with a few special features linked to the maritime context.
Investigation of maritime offences
In addition to the officers and agents of the judicial police, the following may record maritime offences:
- Commanders of government buildings
- Maritime affairs administrators
- The captains of the ships on which the offences were committed
The captain of a ship plays a special role. If he observes an infringement on board, he can carry out the necessary investigations. He then informs the administrative authority, which notifies the public prosecutor. At the first port of call, he forwards the investigation documents.
Prosecution and investigation
Prosecution of maritime offences is the responsibility of the public prosecutor of the judicial court where the maritime court is located. Investigations are conducted in accordance with the Code of Criminal Procedure.
The judgement and its particularities
Unlike the former commercial maritime courts, today's maritime courts hear civil actions. Victims can therefore bring a civil action.
Decisions of the Maritime Courts may be appealed in accordance with ordinary law.
For maritime offences, the court may impose various specific additional penalties, such as :
- Withdrawal of maritime patent rights
- Suspension of driving licence at sea
- A ban on sailing in French waters
These sanctions are designed to protect maritime safety by temporarily or permanently removing people who have committed serious offences.
Maritime courts are an essential link in the judicial chain in the world of the sea. They ensure that specific rules are applied by judges who are familiar with maritime realities. If you are involved in shipping, fishing or yachting, you may one day be confronted with this jurisdiction. For any question relating to maritime law or if you are the subject of proceedings before a maritime court, our firm can support you and defend your interests with the necessary expertise in this very special field.
Sources
- Law of 17 December 1926 on maritime law enforcement
- Order no. 2012-1218 of 2 November 2012 reforming criminal law in maritime matters
- Decree No. 2014-1581 of 23 December 2014 establishing the list, seat and jurisdiction of the maritime courts.
- Transport Code, Part 5 (Maritime transport and navigation)
- Criminal Code, articles 221-6, 222-19, 223-1 and 223-6
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