Investigating judge (France)

Role in French criminal law 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). Background Inquisitorial system In an inquisitorial system, the trial judges (mostly plural in serious crimes) are inquisitors who actively participate in fact-finding public inquiry by questioning defense lawyers, prosecutors, and witnesses. They could even order certain pieces of evidence to be examined if they find presentation by the defense or prosecution to be inadequate. Prior to the case getting to trial, investigating judges participate in the investigation of a case, often assessing material by police and consulting with the prosecutor. History Éri