The Examining Judge and the GIGN

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The powers of French police and gendarmerie forces are constrained by statute law. The rules of procedure depend on the stage of enquiry:. In particular, except for crimes in flagrante delicto , law enforcement forces may not conduct searches or arrests without a specific commission from the investigative magistrate.

Depending on legal status of cases, not all law enforcement officers are able to act; some powers are restricted to those with special legal qualifications see next section.

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Criminal inquiries are conducted under the supervision of the judiciary depending on the phase, under the supervision of the public prosecutor or of an investigative judge. There are three judiciary qualifications: The qualifications of OPJ and APJ can only be exercised if they are affected to a position where these are needed, and, for the OPJs by nominal decision of the general prosecutor of their area. These prerogatives are temporarily suspended when they engage, in an organized force, in an operation of public order i.

These ministerial nomination decisions may only be taken after the approval of a specific commission.


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The current rules also warrant the completion of an examination pertaining to legal matters. The remaining members of the National Police, as well as members of municipal police forces, are APJ assistants. In case a suspect has been apprehended by an APJ, he or she must be brought before an OPJ, which will in turn have to inform the public prosecutor.


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According to the law, any citizen can apprehend the author of a crime or of an offence that can be punished by a prison sentence citizen's arrest , and lead him or her to an OPJ. However, this is problematic in case of a "simple" citizen due to the estimation of what can be punished by a prison sentence or not, and due to possible abuse abuses are a restriction of the individual freedom and can be sued for illegal confinement.

The quality of officer of judiciary police may be withdrawn by the judiciary if the officer has behaved in an inappropriate fashion. The general prosecutor grades OPJs, and these grades are taken into account for possible promotions. From Wikipedia, the free encyclopedia. This article may be in need of reorganization to comply with Wikipedia's layout guidelines. Please help by editing the article to make improvements to the overall structure.

Examining magistrate

November Learn how and when to remove this template message. Comparative criminal justice systems. Archived from the original on 7 April Retrieved 11 March The role of the examining magistrate is important in civil-law jurisdictions such as France, which have an inquisitorial system. In contrast, common-law jurisdictions such as England and the United States have an adversarial system and lack a comparable official. The examination phase has been described as "the most controversial aspect of criminal procedure" in civil-law jurisdictions because of "[t]he secrecy and length of the proceedings, the large powers enjoyed by examining magistrates" and "the possibility for abuse inherent in the power of the individual magistrate to work in secret and to keep people incarcerated for long periods.

Thomas III finds that while the grand jury as it exists in U. Thomas notes that under U. Supreme Court precedent, U. Use of the examining magistrate has declined in Europe over time.

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In France, the investigative judge juge d'instruction , "judge of inquiry" has been a feature of the judicial system since the midth century, and the preliminary investigative procedure has been a part of the judicial system from at least the 17th century. He is sovereign, obeying only his conscience and the law. Later, however, the authority of the examining magistrates in France diminished in a series of reforms.

Under the proposed system, the prosecutor and the police would have sole responsibility for conducting the investigation, and the liberty judge would be charged with overseeing pre-trial investigations. This proposal prompted an outcry from the conservative judiciary, as well as from scholars and the media; "in the context of repeated investigations of Socialist Party officials, the proposition appeared self-interested.

The Examining Judge and the GIGN eBook: Louis Charlebois: leondumoulin.nl: Kindle Store

This law repealed the right to have counsel at the beginning of police detention but retained the right to have counsel after 20 hours of detention ; restored "the powers of the 'solitary' examining magistrate involved in the case to bail or remand"; and again restricted the accused's access to the investigative dossier. Renewed calls for further judicial reform to abolish or diminish the powers of the French examining magistrate intensified after a series of botched investigations, [25] including what became known as the Outreau scandal ; in that case, more than a dozen people near Boulogne were wrongfully imprisoned and about half wrongfully convicted on false charges of child abuse after a flawed investigation by an inexperienced juge.

In , political scientist Herbert Jacobs described the still-extensive powers and authority of the examining magistrate:. In serious cases the magistrate directs the investigation personally, ordering any potentially relevant witnesses to appear and authorizing searches of premises, seizure of financial records, examination by experts and viewings of physical evidence as he or she sees fit.

The examining magistrate can delegate some investigatory decisions to police, but the responsibility lies ultimately with the magistrate. 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 search warrants , order the seizure of necessary evidence, compel witnesses to appear and give evidence, and request expert testimony ; at an investigative hearing, the judge may have witnesses confront each other or the accused.

legal procedure

Charges of a serious misdemeanor or lesser felonies go to the criminal court directly. In contrast, major felonies are referred to the Court of Appeal for the pretrial hearing. The Court of Appeal decides whether to approve the juge ' s recommendation, and if it does the case is turned over to the Assize Court.

In France, many magistrates belong to trade unions. The unions represent the interests of magistrates, but by French law are barred from striking. The small European nation of Andorra has investigating magistrates; in , for example, an investigating magistrate in the country issued indictments against 28 people, including former Venezuelan officials, on charges of money laundering.


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    4. In Belgium, criminal proceedings are usually initiated by the public prosecutor Procureur des Konings or procureur du roi , who typically decides whether to issue a summons to a suspect ordering him or her to appear in court. The onderzoeksrechter generates a report on the outcome of the investigation and then refers it to the raadkamer , an arm of the court, to decide whether to dismiss the case, allow it to proceed, or in certain circumstances to refer it to another court.

    In the Netherlands, the position of examining magistrate has existed since , and the powers of the office were strengthened in This distinction was considered very important in Europe, where these functions were separated to promote the impartiality of the court. By the end of the 20th century, most Latin American countries followed Germany in eliminating the examination phase. Greece, which follows a French-style legal system, has retained the investigative magistrate.

    In Greece, the investigative magistrate interviews witnesses, reviews the evidence, and refers cases to the public prosecutor, who makes the ultimate charging decision. Italy abolished the examining magistrate in , as part of a broader overhaul of the Italian Code of Criminal Procedure.