NCJ Number
68430
Date Published
1980
Length
18 pages
Annotation
AS PART OF A BRITISH SEMINAR ON INQUISITORIAL SYSTEMS OF JUSTICE, PRETRIAL PROCEDURES ARE DESCRIBED FOR FRANCE, WEST GENMANY, AND SCOTLAND.
Abstract
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. FOR PRETRIAL PROCEDURES, THE FRENCH INQUISITORIAL SYSTEM GIVES THE POLICE AND THE PROSECUTOR GREATER SCOPE TO INTERROGATE SUSPECTS AND CONDUCT INVESTIGATIONS, UNDER THE ASSUMPTION THAT FACTS WILL BE OBTAINED IMPARITALLY SINCE THERE IS NO BURDEN TO PROVE A CASE AGAINST AN ACCUSED. A PRETRIAL EXAMINATION IS CONDUCTED BY THE 'JUGE D'INSTRUCTION,' WHERE THE ACCUSED AND WITNESSES ARE QUESTIONED BY THE 'JUGE' IN ORDER TO BUILD A COMPLETE DOSSIER OF FACTS SURROUNDING THE OFFENSE FOR PRESENTATION TO THE COURT. THE DOSSIER IS THE BASIS OF THE JUDGE'S RIGOROUSLY INQUISITORIAL APPROACH IN CONSTESTED TRIALS. IF BAIL IS NOT GRANTED, THE ACCUSED WILL BE PLACED IN DETENTION THROUGHOUT PRETRIAL AND TRIAL PROCEDURES. ALTHOUGH CRIMINAL PROCEDURE IN WEST GERMANY IS SIMILAR TO THAT IN FRANCE, MINOR DIFFERENCES ARE NOTED. CRIMINAL PROCEDURE IN SCOTLAND IS A COMBINATION OF THE BRITISH SYSTEM OF JUSTICE AND THE INQUISITORIAL SYSTEMS OF FRANCE AND WEST GERMANY. THE ROLE OF THE COURTS AND JUDGES IS SIMILAR TO THAT IN ENGLAND, BUT, PRETRIAL INVESTIGATION BY THE CROWN OFFICE AND THE PROCURATOR FISCAL IS SIMILAR TO THAT OF AN INQUISITORIAL SYSTEM, AS EXPANDED POWERS OF INVESTIGATION ARE GRANTED, ALONG WITH WIDE DISCRETION CONCERNING WHETHER TO PROSECUTE.