Juge d'instruction

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In France, in the context of criminal courts, a distinction is made between investigative courts (juridictions d'instruction ) and judicial courts (juridictions de jugement) . Investigative courts are the juge d'instruction and the investigative chamber of the Cour d'appel .

While in Germany the public prosecutor's office leads the criminal investigation (“mistress of the investigation”), in France this task falls to the investigating judge. In crimes (crimes) this is so compelling for offenses (délits) and misdemeanors (contraventions) his voluntary participation is provided.

The activities and powers of the juge d'instruction are therefore not to be compared with those of the German investigative judge, who - contrary to what his name suggests - usually does not actively investigate himself, but only approves certain investigative measures by the public prosecutor's office upon request ( Judge's reservation ). In France, this is the responsibility of the JLD (juge des libertés et de la détention).

Individual evidence

  1. ^ A b Ulrich Huebner, Vlad Constantinesco: Introduction to French law. 4th edition, Verlag CH Beck, Munich 2001, p. 18 f.

See also