What is an examining magistrate in France?
Today. Today, examining magistrates (juges d’instruction) are one of four types of French magistrates, the others being trial judges (magistrats de siège), public prosecutors (magistrats debout), and policymaking and administrative magistrates at the Ministry of Justice.
How are crimes investigated in France?
Under French legal system criminal investigations are performed by the judicial police under the authority of the Prosecutor of the Republic or a special judge called Investigating Judge (in French “juge d’instruction”). In case there is not enough evidence the Investigating Judge closes the investigation.
What are the two types of magistrate?
There are two types of magistrates – the lay magistrate (not legally qualified) and what is now termed the district judge (until recently known as the stipendiary magistrate), who is legally qualified (as a barrister or solicitor).
Why does France use the inquisitorial system?
The inquisitorial system is supposed to aim at the discovery of the truth through the unrestricted evaluation of the evidence. French courts are concerned more with the weight or value of the evidence than its admissibility.
What is a French magistrate?
Juge d’instruction, (French: judge of inquiry) in France, magistrate responsible for conducting the investigative hearing that precedes a criminal trial.
What is called magistrate?
The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. Today, in some jurisdictions, a magistrate is a judicial officer who hears cases in a lower court, and typically deals with more minor or preliminary matters.
What are detectives called in France?
Sûreté (French: [syʁ. te]; lit. ‘surety’, but usually translated as “safety” or “security”) is, in many French-speaking countries or regions, the organizational title of a civil police force, especially the detective branch thereof.
How do you become a detective in France?
To work as a police officer for the French National Police or Gendarmerie a candidate must be of French nationality and between 17 and 35 years old. Candidates must also be at least 5’3″ and in good health with good eyesight. Other requirements include a minimum of the French Baccalaureate and a clean criminal record.
How are magistrates selected?
There are usually two interviews and the Advisory Committee appointed by the Lord Chancellor are responsible for making sure that magistrates are drawn from many walks of life and are representative of their local community. Each magistrate is assigned to serve in a petty sessions area within the commission area.
What’s the difference between judge and magistrate?
They can hear different types of cases. Judges generally hear larger, more complex cases while magistrates hear smaller matters such as petty crime and traffic offenses. Magistrates have a smaller area of jurisdiction such as a city or county. There is a difference between the power given to a judge over a magistrate.
Does France have an inquisitorial legal system?
FRENCH CRIMINAL PROCEDURE IS INQUISITORIAL IN THAT THE JUDGE CAN ASK QUESTIONS OF WITNESSES IN THE INTEREST OF ARRIVING AT THE TRUTH, RATHER THAN ACTING AS A REFEREE FOR THE CONTEST BETWEEN THE PROSECUTION AND THE DEFENSE.
What is the difference between adversarial and inquisitorial systems?
An inquisitorial system is a legal system in which the court, or a part of the court, is actively involved in investigating the facts of the case. This is distinct from an adversarial system, in which the role of the court is primarily that of an impartial referee between the prosecution and the defense.
What kind of magistrates are there in France?
Today, examining magistrates ( juges d’instruction) are one of four types of French magistrates, the others being trial judges ( magistrats de siège ), public prosecutors ( magistrats debout ), and policymaking and administrative magistrates at the Ministry of Justice.
How does an examining magistrate begin an investigation?
Examining magistrates initiate an investigation upon an order of the procureur (public prosecutor), or upon the request of a private citizen. The juge d’instruction may issue Letters rogatorys, order the seizure of necessary evidence, compel witnesses to appear and give evidence, and request expert testimony; at an investigative hearing]
Which is the only country to retain the practice of examining magistrate?
Spain, France, Croatia, the Netherlands, Belgium and Greece are among the countries to retain the practice.
When was the examining magistrate abolished in Italy?
Italy abolished the examining magistrate in 1989, as part of a broader overhaul of the Italian Code of Criminal Procedure. The reform transferred the investigative functions of the examining magistrate to public prosecutors, who in Italy are also considered judges.