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I am frankly at a loss as to how the elimination of the juge d'instruction is going to make the French inquisitorial system closer to the English accusational system.

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.

by de Gondi (publiobestia aaaatttthotmaildaughtusual) on Wed Jan 7th, 2009 at 05:26:33 PM EST
[ Parent ]
I think eliminating the juge d'instruction from the French legal system is errant nonsense.

Most economists teach a theoretical framework that has been shown to be fundamentally useless. -- James K. Galbraith
by Migeru (migeru at eurotrib dot com) on Wed Jan 7th, 2009 at 05:33:55 PM EST
[ Parent ]
You would then agree that divesting the current Italian equivalent of the juge d'instruction of his constitutional obligations to investigate news of a crime and, conversely, empowering the investigative police with discretionary power to investigate chosen crimes in line with parliamentary guidelines, could lead to an entirely arbitrary if not demagogic state of affairs. (But then that is only one of proposals designed to subjugate Italy's judiciary branch to the Prince, his whims and urges.)
by de Gondi (publiobestia aaaatttthotmaildaughtusual) on Wed Jan 7th, 2009 at 07:33:54 PM EST
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