Investigating judge (France) in the context of Criminal proceeding in French law


Investigating judge (France) in the context of Criminal proceeding in French law

⭐ Core Definition: Investigating judge (France)

In French criminal law, the investigation phase (instruction) in a criminal proceeding is the procedure during which an investigating judge (juge d'instruction) gathers evidence on the commission of an offense and decides whether to refer the persons charged to the trial court.

The investigating judge is the first instance of investigation. In the second instance (appeals), the investigating chamber of the French courts of appeal have jurisdiction. They rule on appeals of decisions by the investigating judges and of decisions by the liberty and custody judge (juge des libertés et de la détention).

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Investigating judge (France) in the context of Examining magistrate

An examining magistrate is a judge in an inquisitorial system of law who carries out pre-trial investigations into allegations of crime and in some cases makes a recommendation for prosecution. Also known as an investigating magistrate, inquisitorial magistrate, or investigating judge, the exact role and standing of examining magistrates varies by jurisdiction. Common duties and powers of the examining magistrate include overseeing ongoing criminal investigations, issuing search warrants, authorizing wiretaps, making decisions on pretrial detention, interrogating the accused person, questioning witnesses, examining evidence, as well as compiling a dossier of evidence in preparation for trial.

Investigating judges in France have an important role in the French judiciary. They are also a feature of the Spanish, Dutch, Belgian and Greek criminal justice systems, although the extent of the examining magistrate's role has generally diminished over time. Since the late 20th and early 21st centuries, several countries, including Switzerland, Germany, Portugal, and Italy, have abolished the position of examining magistrate outright. In some cases, they have created new positions that take on some of these responsibilities.

View the full Wikipedia page for Examining magistrate
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