President Nicolas Sarkozy has announced major changes to the French judiciary, bringing it closer to the system used in the English-speaking world. President Sarkozy said he wanted to abolish investigating magistrates, who currently act as independent judges - a system brought in by Napoleon. The changes would allow state prosecutors and the police to take the lead in investigations instead. Critics say the move would leave the system open to political interference. At present the investigating magistrate plays a powerful and independent role in certain cases, overseeing investigations by police and prosecutors, examining the evidence, and deciding if a case should go to trial.
President Nicolas Sarkozy has announced major changes to the French judiciary, bringing it closer to the system used in the English-speaking world.
President Sarkozy said he wanted to abolish investigating magistrates, who currently act as independent judges - a system brought in by Napoleon.
The changes would allow state prosecutors and the police to take the lead in investigations instead.
Critics say the move would leave the system open to political interference.
At present the investigating magistrate plays a powerful and independent role in certain cases, overseeing investigations by police and prosecutors, examining the evidence, and deciding if a case should go to trial.
As pointed out in Le Monde yesterday the problem is the independance of the state prosecutors and the police from political influence. Since it had been previously recommended by the Criminal Justice Commission in 1990 to revamp structure and procedure to effectively counter government meddling in criminal cases before abolishing the investigative magistracy, one has legitimate grounds to believe Sarkhozy is attacking the independance of the magistracy.
Never mind Italy where a two-tiered ancien régime judiciary system will soon gaurantee near total impunity to the elite and their allies. A far cry from "English-speaking" systems for whatever they're worth.
