Wednesday, January 7, 2009

France to announce justice reform

France to announce justice reform

Nicolas Sarkozy, 6 January 2008
Some have suggested Mr Sarkozy is taking revenge on magistrates

President Nicolas Sarkozy is expected to announce major changes to the French judiciary, bringing it closer to the system in the English-speaking world.

According to the French newspaper Le Monde, Mr Sarkozy wants to abolish investigating magistrates, who currently act as independent judges.

The changes would allow state prosecutors and the police to take the lead in investigations instead.

Critics say the move would leave the system open to political interference.

At present the investigating magistrate plays a powerful and independent role, overseeing investigations by police and prosecutors, examining the evidence, and deciding if a case should go to trial.

State prosecutors, who answer to the justice minister, are now expected to take over criminal cases.

Such a change would be in line with recommendations made after a high-profile paedophilia case eight years ago - the Outreau scandal - in which more than a dozen people were wrongfully jailed following a flawed investigation by a young magistrate.

It would bring the French justice system closer to those used in much of the English-speaking world.

Unions representing magistrates warn the changes would compromise the independence of the French system.

Some have suggested that Mr Sarkozy is taking revenge against the independent judges who have led several far-reaching corruption probes into the affairs of leading politicians and businessmen.

Investigating magistrates are currently responsible for about 5% of cases in France, Le Monde reports.

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