Page:Harvard Law Review Volume 10.djvu/73

THE TRIAL OF CRIME IN FRANCE. 47 take the necessary measures to bring the delinquent to justice, and, as soon as possible, to transmit police reports, documents, weapons, instruments, utensils, or any other evidence seized, to Xhtjuge dmstruction. The Jicge d instruction, who is one of the judges of the Court of First Instance, proceeds at once to the " interrogation" of the accused, and in practice his ability is measured by the ingenuity he displays in bringing abbut admissions or a confession. As an instance of the methods a juge (£ instruction will employ, I may mention that in a case some years ago a well known Paris jitge d instruction entrapped an accused person by telephoning to him in the name of a friend, supposed to be an accomplice. The matter was commented upon at the time, but the general opinion was that a juge cT instruction is entitled to employ any means he chooses to arrive at the truth. This judge cites all possible witnesses, and takes down their depositions. If he thinks fit, he may visit any place for the further investigation of the crime, provided he is accompanied by the/n?- cureur as prosecutor. When the investigation of the case is ter- minated, the papers are communicated to the procureur^ who after examining them presents his charge to XQJuge. The latter there- upon delivers an "ordinance" declaring the prisoner either guilty or not guilty, and, if guilty, stating whether of a crime, misde- meanor, or petty offence. If declared not guilty, he is forthwith discharged. When the decision entails trial by the Cour d Assises^ and " the charge is sufficiently proved," says the Code, the case passes by the medium of the /r<5>«^;'^^r attached to the lower court, to another procureur called the Procureur General, attached to the appeal court, a section of which forms the Chambre des Mises en accusa- tion, an institution exercising functions more or less equivalent, as we have indicated, to those of our grand jury. The Procureur General lays the charge before this court, sitting again, as in the case of the juge d instruction, with closed doors. All the papers, documents, and reports are read over at this hear- ing. After the Procureur GMeral has been heard on the case he withdraws, and the judges decide what they think fit. Thus they may order further investigation of the allegations and evidence, or acquit the prisoner, or alter the charge and, re-labelling the offence, send the case for trial before a lower jurisdiction, or send it on as received to the Cour d Assises.