Accusateur public

The function of public accuser, defending society, was established during the French Revolution by the decrees of 1 December 1790, 16 September 1791, 15 December 1791 and 15 February 1792, and disappeared when the Constitution of 22 Frimaire An VIII was introduced, establishing the reconstitution of the public accuser's office as it had existed under the Ancien Régime.[1]

Accusateur public – Insigne du Tribunal révolutionnaire

Trial of Marie-Antoinette on 15 October 1793. The public accusor is sitting behind his desk.

Elected, as the other judges of the criminal court, the accuser was responsible for prosecuting offences admitted to the indictment by the grand jury. He was to receive complaints and ensure that court decisions were carried out. Public accusers also took over the administrative role of supervising judicial police officers, justice of the peace and gendarmerie officers.

On 29 September 1791, the French Constituent Assembly decided that "public accusers will have the same costume as judges, with the exception of the feathers, placed around their hats; they will wear medals with the words 'public safety'.[2]

In each criminal court, the public accuser was responsible for prosecuting the case on behalf of the king, defending his prerogatives.[3] The other judges were elected on 15 February 1792.

The decree of 10 March 1793 created the Revolutionary Tribunal and appointed a public accuser and his two deputies to the court. Louis-Joseph Faure was the first public accuser to be appointed, but he preferred to give up the post and was replaced by Fouquier-Tinville, an office that he filled from the end of the month until 1 August 1794.[4] His office as public accuser arguably reflected a need to display the appearance of legality during what was essentially political command, more than a need to establish actual guilt. After the Thermidorian reaction, his powers were gradually framed and decreased to the benefit of the commissioner of the executive power.[5]