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In France and Belgium the investigation is done by a neutral judge (known as juge d'instruction). It usually prevents these kinds of misgivings. https://en.wi
by pygy_ 13y ago
In France and Belgium the investigation is done by a neutral judge (known as juge d'instruction).
It usually prevents these kinds of misgivings.
https://en.wikipedia.org/wiki/Inquisitorial_system https://en.wikipedia.org/wiki/Inquisitorial_system
- Luc 13y agoNot for long though. Due to European law to homogenize the judiciary systems across Europe, investigating judges are on their way out, and we're to go towards a purely oppositional system in the next few years (I don't know the right terms to plug into Google to get a supporting link, sorry). I'm expecting we'll see huge problems during the transitional years.
- dhughes 13y agoA judge by definition impartial/neutral, that's the point of a judge. That's frightening that France and Belgium have the need of a special judge called a neutral judge.
- pygy_ 13y agoThey're all neutral, indeed. It was a pleonasm. My bad.
- Kell 13y agoIt's because in France and Belgium we have a category, called "Magistrat" that contains both the judges (independent, neutral etc.) and the prosecutors (neither independent, nor neutral). So we often discuss it saying that judges are neutral magistrates. Sometimes this is lost in translation :). Edit : And the Juge d'Instruction IS a special judge, because he doesn't judge anything, his job is to head all investigations in serious and complicated cases. Normally that would be the prosecutors job... so it's an independent and trully neutral man (a judge) doing a prosecutor job, in the interest of the accusation and the defense, at the same time. That's quite special.