NCJ Number
197898
Date Published
2001
Length
342 pages
Annotation
This report on the pretrial investigation phase in France and the Netherlands focuses on the roles of both the public prosecutor and the examining judge.
Abstract
The primary purpose of this study was to provide the Dutch Department of Justice with useful information on criminal procedure legislation and policymaking. Another objective of the study was to promote the development of the mutual judicial cooperation between the Netherlands and France. The study involved a literature review and original research that consisted of interviews with approximately 70 respondents, along with observation of practices. This report begins with an introduction to French law and some observations on the methods of investigating organized crime. Following this introduction, four aspects of the roles of the public prosecutor and the examining judge are examined. The report then defines the positions of the public prosecution service, the public prosecutor, and the examining judge in criminal procedures. This is followed by a discussion of the direction and control of police investigations in France. The report notes that the formal authority of the Dutch public prosecutor over police forces is broader than the authority of the French counterpart. The report then examines the principal decisions to be made in the pretrial phase regarding the orientation of the investigations, the use of investigative and coercive powers, and the eventuality of prosecution before the court. The report then focuses on judicial cooperation between France and the Netherlands, noting that a lack of communication is a primary cause of various kinds of problems that hamper mutual legal assistance. The main conclusion of this study is that there are important differences between French and Dutch criminal law and procedure, based largely on the particular problems and prominent offenses that have occurred in the two countries. 220 references