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Line 1: {{Short description\|Judge on pre-trial investigations}} {{redirect\|Investigating judge\|the concept in French law\|Investigating judge (France)}} {{good article}} ~~In an [[inquisitorial system]] of law, the~~An '''examining magistrate''' ~~(also~~is ~~called '''investigating magistrate''', '''inquisitorial magistrate''', or '''investigating~~a [[judge~~''')~~]] isin aan [[~~judge~~inquisitorial system]] of law who carries out pre-[[trial]] investigations into allegations of [[crime]] and in some cases makes a recommendation for [[prosecution]]. ~~The~~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 investigation]]s, issuing [[search warrant]]s, authorizing [[wiretap]]s, 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. ~~Examining~~[[Investigating ~~magistrates~~judge (France)\|Investigating judge]]s in France have an important role in the [[French judiciary]]. They are also a feature of the Spanish, Dutch, Belgian and Greek [[criminal justice system]]s, 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. ==Role and description== John Henry Merryman and Rogelio Pérez-Perdomo have described the examining magistrate's role in civil-law systems as follows: {{quote\|The typical criminal proceeding in the civil law world can be thought of as divided into three basic parts: the investigative phase, the examining phase (the instruction), and the trial. The investigative phase comes under the direction of the public prosecutor, who also participates actively in the examining phase, which is supervised by the examining judge. The examining phase is primarily written and is not public. The examining judge controls the nature and scope of this phase of the proceeding. The examining judge is expected to investigate the matter thoroughly and to prepare a complete written record so that by the time the examining stage is complete, all the relevant evidence is in the record. If the examining judge concludes that a crime was committed and that the accused is the perpetrator, the case then goes to trial. If the judge decides that no crime was committed or ~~was~~ that the crime was not committed by the accused, the matter does not go to trial.<ref name="auto14">{{Harvnb\|Merryman\|Pérez-Perdomo\|2007\|p=130}}</ref>}} ==Comparison to common-law systems== {{Further\|Adversarial system}} The role of the examining magistrate is important in [[Civil law (legal system)\|civil-law jurisdictions]] such as France, which have an [[inquisitorial system]]. In contrast, [[Common law\|common-law]] jurisdictions such as [[England and Wales\|England]] and the [[United States]] have an [[adversarial system]] and lack a comparable official.<ref name="auto8">{{Harvnb\|Jacob\|1996\|p=213}}</ref><ref name="auto4">{{Harvnb\|Encyclopædia Britannica\|2002}}</ref> Frequent close interaction with police and prosecutors "may well condition examining magistrates to favor the long-term interests of regular participants over those of the accused."<ref>{{Harvnb\|Jacob\|1996\|p=212}}</ref> This problem also affects common-law jurisdictions. It has been noted that "in the United States, the focus of concern has been the independence of counsel for the defense, while in France, concern focuses on the [[Independence of the judiciary\|independence]] of the examining magistrate."<ref>{{Harvnb\|Jacob\|1996\|pp=212–13}}</ref> Line 18 ⟶ 21: ==By country== Use of the examining magistrate has declined in Europe over time.<ref name="auto15">{{Harvnb\|Gilliéron\|2014\|p=59}}</ref> [[Spain]], [[France]], [[Croatia]], the [[Netherlands]], [[Belgium]] and [[Greece]] are among the countries to retain the practice. But in all of these nations, the examining magistrate's role has been diminished, with a general trend of restricting the examining magistrate's involvement to only "serious crimes or sensitive cases", or having the examining magistrate share responsibility with the public prosecutor.<ref name="auto15"/><ref name="auto5">{{Harvnb\|Fenyk\|2000\|p=42}}</ref> [[Switzerland]], [[Germany]], [[Portugal]], and [[Italy]] have all abolished the examining-magistrate system.<ref name="auto11">{{Harvnb\|Gilliéron\|2014\|p=60}}</ref><ref name="auto5"/> ===France=== {{Main\|Investigating judge (France)}} ~~====History====~~ ~~[[File:Eric Halphen 20060627 Fnac 04.jpg\|250px\|thumb\|right\|[[Éric Halphen]], formerly a French investigative judge]]~~ In France, the investigative judge (''{{lang\|fr\|juge d'instruction}}'', "judge of inquiry") has been a feature of the judicial system since the mid-19th century, and the preliminary investigative procedure has been a part of the judicial system from at least the 17th century.<ref name="auto4"/> The sweeping powers traditionally entrusted to the ''{{lang\|fr\|juge d'instruction}}'' were so broad that [[Honoré de Balzac]] called the examining magistrate "the most powerful man in France" in the 19th century.<ref name="auto17">{{Harvnb\|Gilliéron\|2014\|pp=50, 319}}</ref> In a celebrated although exaggerated passage, Balzac wrote that "No human authority, neither [[list of French monarchs\|the king]] nor the minister of justice nor the prime minister can intrude on the power of the examining magistrate, no one can stop him, nobody gives him orders. He is sovereign, obeying only his conscience and the law."<ref>{{Harvnb\|Anderson\|2011\|pp=167–68}}</ref>▼ Later, however, the authority of the examining magistrates in France was diminished by a series of reforms.<ref name="auto17"/> In 1985, French justice minister [[Robert Badinter]] proposed limiting the examining magistrate's role in making custody decisions; {{lang\|fr\|Badinter}}'s successor, [[Albin Chalandon]] made the same proposal two years later. In 1990, Justice Minister [[Pierre Arpaillange]] convened a Human Rights Commission (''{{lang\|fr\|Justice Penale et Droits de l'Homme}}''), led by the legal scholar [[Mireille Delmas-Marty]].<ref name="auto1">{{Harvnb\|Vogler\|2005\|p=148}}</ref> The commission concluded that France's criminal procedure code violated human rights standards,<ref name="auto1"/> noting that the examining magistrate combined investigative and judicial powers in a single person.<ref name="auto18">{{Harvnb\|Salas\|2002\|p=498}}</ref> The commission proposed a package of [[due process]] reforms, including the abolition of the post of examining magistrate and the creation of a "liberty judge" (''{{lang\|fr\|juge des libertés}}'') in its place. Under the proposed system, the prosecutor and the police would have sole responsibility for conducting the investigation, and the liberty judge would be charged with overseeing pre-trial investigations.<ref name="auto1"/> This proposal prompted an outcry from the conservative judiciary, as well as from scholars and the media; "in the context of repeated investigations of [[Socialist Party (France)\|Socialist Party]] officials, the proposition appeared self-interested."<ref name="auto1"/> '''Less extensive reforms were adopted instead; legislation that became effective in 1994 provided a [[right to counsel]] for persons in police custody (''{{lang\|fr\|garde à vue}}''), and also transferred the decision on bail and [[pretrial detention]] "to a team of magistrates not involved in the particular case." Almost immediately, however, opponents of the reforms mobilized, upset with the substantial changes to historic French practice; several magistrates resigned in protest. The new minister of justice, [[Pierre Méhaignerie]], pledged repeal. The reforms were reversed in August 1993,''' when a new law repealed the right to have counsel at the beginning of police detention (but retained the right to have counsel after 20 hours of detention); restored "the powers of the 'solitary' examining magistrate involved in the case to bail or remand"; and again restricted the accused's access to the investigative dossier.<ref name="auto9">{{Harvnb\|Vogler\|2005\|p=149}}</ref> Reforms resumed in 2000, with the enactment of the [[Élisabeth Guigou\|Guigou Law]]. This followed the report of the Truche Commission and a proposal to revise the French code of criminal procedure by [[Michèle-Laure Rassat]].<ref name="auto9"/> Among other reforms, the 2000 law abolished the power of the examining magistrate to remand defendants into custody and created a new specialized judicial officer, the judge of liberty and detention (''{{lang\|fr\|juge des libertés et de la détention}}'') to make these determinations.<ref name="auto9"/> Renewed calls for further reform to abolish or diminish the powers of the French examining magistrate intensified after a series of botched investigations,<ref name="auto">{{Harvnb\|Lichfield\|2002}}</ref> including what became known as the [[Outreau trial\|Outreau scandal]]. In that case, more than a dozen people near [[Boulogne]] were wrongfully imprisoned (and about half [[wrongful conviction\|wrongfully convicted]]) on [[false allegation of child sexual abuse\|false charges of child abuse]] after a flawed investigation by an inexperienced ''juge''.<ref name="auto11"/><ref name="auto10">{{Harvnb\|Samuel\|2009}}</ref> In 2009 and 2010, President [[Nicolas Sarkozy]] unsuccessfully attempted to abolish the post of examining magistrate as part of a broader package of legal reforms.<ref name="auto10"/><ref name="auto7">{{Harvnb\|Saltmarsh\|2010}}</ref> ~~====Today====~~ Today, examining magistrates (''{{lang\|fr\|juges d'instruction}}'') are one of four types of French magistrates, the others being trial judges (''{{lang\|fr\|magistrats de siège}}''), [[ministère public (France)\|public prosecutors]] (''{{lang\|fr\|magistrats debout}}''), and policymaking and administrative magistrates at the [[Ministry of Justice (France)\|Ministry of Justice]].<ref>{{Harvnb\|Anderson\|2011\|p=167}}</ref> Each ''{{lang\|fr\|juge d'instruction}}'' is appointed by the [[president of France]] upon the recommendation of the Ministry of Justice and serves renewable three-year terms.<ref name="auto4"/> Magistrates "can move between these four categories, and their career prospects may be subject to the political interests of the government (although promotions must be approved by a high council of the magistrature chaired in the past by the President of the Republic and now by the president of the ''{{lang\|fr\|[[Court of Cassation (France)\|cour de cassation)]]}}''."<ref name="auto12">{{Harvnb\|Anderson\|2011\|p=168}}</ref> This arrangement has prompted criticism on the ground that the judiciary is not fully independent of the government.<ref name="auto12"/>▼ ~~In 1996, political scientist Herbert Jacobs described the still-extensive powers and authority of the examining magistrate:~~ ▲In France, the ~~investigative~~[[investigating judge (''France)\|investigating judge]] ({{lang\|fr\|juge d'instruction}}~~'', "judge of inquiry"~~) has been a feature of the judicial system since the mid-19th century, and the preliminary investigative procedure has been a part of the judicial system from at least the 17th century.<ref name="auto4"/> The sweeping powers traditionally entrusted to ~~the ''{{lang\|fr\|juge d'instruction}}''~~them were so broad that [[Honoré de Balzac]] called the ~~examining~~investigating ~~magistrate~~judge "the most powerful man in France" in the 19th century.<ref name="auto17">{{Harvnb\|Gilliéron\|2014\|pp=50, 319}}</ref> In a celebrated although exaggerated passage, Balzac wrote that "No human authority, neither [[list of French monarchs\|the king]] nor the minister of justice nor the prime minister can intrude on the power of the examining magistrate, no one can stop him, nobody gives him orders. He is sovereign, obeying only his conscience and the law."<ref>{{Harvnb\|Anderson\|2011\|pp=167–68}}</ref> {{quote\|The examining magistrate ... is responsible for assuring the quality of the investigation that underlies the prosecution, [and] enjoys sweeping powers. In serious cases the magistrate directs the investigation personally, ordering any potentially relevant witnesses to appear and authorizing searches of premises, seizure of financial records, examination by experts and viewings of [[physical evidence]] as he or she sees fit. The examining magistrate can delegate some investigatory decisions to police, but the responsibility lies ultimately with the magistrate.<ref name="auto8"/>}} Later, however, the authority of the investigating judges in France was diminished by a series of reforms,<ref name="auto17"/> initiated in 1985 by French justice minister [[Robert Badinter]].<ref name="auto1">{{Harvnb\|Vogler\|2005\|p=148}}</ref><ref name="auto9">{{Harvnb\|Vogler\|2005\|p=149}}</ref> and extending into the 2000s.<ref name="auto">{{Harvnb\|Lichfield\|2002}}</ref><ref name="auto10">{{Harvnb\|Samuel\|2009}}</ref><ref name="auto7">{{Harvnb\|Saltmarsh\|2010}}</ref> Examining magistrates initiate an investigation upon an order of the ''{{lang\|fr\|procureur}}'' (public prosecutor), or upon the request of a private citizen. The ''{{lang\|fr\|juge d'instruction}}'' may issue [[Letters rogatory]]s, order the seizure of necessary evidence, compel witnesses to appear and give evidence, and request [[expert testimony]]; at an investigative hearing, the ''{{lang\|fr\|judge}}'' may have witnesses confront each other or the accused.<ref name="auto4"/> They may also authorize [[wiretap]]s.<ref name="auto7"/> At a later plenary hearing in [[open court]], the investigative judge may issue an order of ''{{lang\|fr\|non-lieu}}'' ("no case") or, if the evidence is sufficient, will commit the case to the trial court. Charges of a serious misdemeanor or lesser felonies go to the criminal court directly. In contrast, major felonies are referred to the [[Court of Appeal (France)\|Court of Appeal]] for the pretrial hearing. The Court of Appeal decides whether to approve the ''{{lang\|fr\|juge}}''{{'}}s recommendation and, if it does, the case is turned over to the [[Cour d'assises\|Assize Court]].<ref name="auto4"/> Examining magistrates are not involved at trials, although, in France, criminal trials are "in many respects a continuation of the pretrial investigation", with the trial judge acting as the leading figure in the examination of witnesses.<ref>{{Harvnb\|Jacob\|1996\|pp=213–14}}</ref> ▲Today, ~~examining~~investigating ~~magistrates (''{{lang\|fr\|juges d'instruction}}'')~~judges are one of four types of French magistrates, the others being trial judges (''{{lang\|fr\|magistrats de siège}}''), [[ministère public (France)\|public prosecutors]] (''{{lang\|fr\|magistrats debout}}''), and policymaking and administrative magistrates at the [[Ministry of Justice (France)\|Ministry of Justice]].<ref>{{Harvnb\|Anderson\|2011\|p=167}}</ref> Each ~~''{{lang\|fr\|juge~~investigating ~~d'instruction}}''~~judge is appointed by the [[president of France]] upon the recommendation of the Ministry of Justice and serves renewable three-year terms.<ref name="auto4"/> Magistrates "can move between these four categories, and their career prospects may be subject to the political interests of the government (although promotions must be approved by a high council of the magistrature chaired in the past by the President of the Republic and now by the president of the ''{{lang\|fr\|[[Court of Cassation (France)\|cour de cassation)]]}}''."<ref name="auto12">{{Harvnb\|Anderson\|2011\|p=168}}</ref> This arrangement has prompted criticism on the ground that the judiciary is not fully independent of the government.<ref name="auto12"/> In the year 2000, only about 7% of criminal investigations in France were directed by a ''{{lang\|fr\|juge d'instruction}}''.<ref name="auto5"/> By 2010, that number had declined further to 4%, with police overseeing the rest.<ref name="auto7"/> Notably, in 2002, there were 562 investigating magistrates in France, with some 60,000 investigations ongoing at any given moment, so caseloads were large and individual attention to each was difficult.<ref name="auto"/> But, examining magistrates "are seen as important, independent arbiters, examining the most sensitive and serious allegations."<ref name="auto7"/> A few examining magistrates, such as [[Renaud Van Ruymbeke]], [[Thierry Jean-Pierre]], and [[Éric Halphen]] have become widely known for their investigations into [[corruption in France\|corruption]] and [[list of political scandals in France\|political scandals]]; such figures have investigated high-level government officials, including [[Prime Minister of France\|prime ministers]], and made widely publicized visits to the headquarters of the major [[Political parties in France\|French political parties]], reflecting their broad powers.<ref>{{Harvnb\|Cole\|2015}}</ref> An investigating judge initiates an investigation upon an order of the Public Prosecutor ({{lang\|fr\|procureur}}) or upon the request of a private citizen. The [[investigating judge (France)\|investigating judge]] may issue [[Letters rogatory]], order the seizure of necessary evidence, compel witnesses to appear and give evidence, and request [[expert testimony]] at an investigative hearing, the ''{{lang\|fr\|judge}}'' may have witnesses confront each other or the accused.<ref name="auto4"/> In France, many magistrates belong to [[trade union]]s. About 60% belong to the [[Union syndicale des magistrats]] (USM), which is center-right, while about 30% belong to the leftist [[Syndicat de la Magistrature]] (SM). The unions represent the interests of magistrates, but by French law they are barred from striking.<ref>Antoine Garapon & Harold Epineuse, "Judicial Independence in France" in ''Judicial Independence in Transition'' (ed. Anja Seibert-Fohr: Springer, 2012), p. 295.</ref> ===Spain=== Line 52 ⟶ 40: ===Andorra=== The small European nation of [[Andorra]] has investigating magistrates; in 2018, for example, an investigating magistrate in the country issued indictments against 28 people, including former [[Venezuelan]] officials, on charges of [[money laundering]].<ref>Aritz Parra, [https://www.apnews.com/2277a6d32bbc4ba0812be8ccba970329 Andorra charges Venezuelan ex-officials for money laundering] {{Webarchive\|url=https://web.archive.org/web/20180918012304/https://www.apnews.com/2277a6d32bbc4ba0812be8ccba970329 \|date=2018-09-18 }}, Associated Press (September 13, 2018).</ref> ===Belgium and the Netherlands=== Both [[Belgium]] and the [[Netherlands]] retain the examining judge in some cases; examining judges investigate in 5% of cases in Belgium and 2% of cases in the Netherlands.<ref name="auto5"/> In Belgium, criminal proceedings are usually initiated by the public prosecutor (''{{lang\|nl\|Procureur [[Monarchy of Belgium\|des Konings]]}}'' or ''{{lang\|fr\|procureur du roi}}''), who typically decides whether to issue a summons to a suspect ordering him or her to appear in court. However, in "more serious or complicated cases" the prosecutor can defer to matter to the examining magistrate (''{{lang\|nl\|onderzoeksrechter}}'' or ''{{lang\|fr\|juge d'instruction}}''), who is an independent judge and member of the [[Tribunal of first instance (Belgium)\|tribunal of first instance]] (''{{lang\|nl\|Rechtbank van eerste aanleg}}'' or ''{{lang\|fr\|Tribunal de première instance}}'').<ref>{{Harvnb\|Châtel\|1982\|p=189}}</ref> The ''{{lang\|nl\|onderzoeksrechter}}'' has the power to question suspects, but not [[testimony\|under oath]];, ~~he or she~~and may also question witnesses, issue search warrants, and issue [[pretrial detention\|detention]] orders. The ''{{lang\|nl\|onderzoeksrechter}}'' generates a report on the outcome of the investigation and then refers it to the ''{{lang\|nl\|raadkamer}}'', an arm of the court, to decide whether to dismiss the case, allow it to proceed, or (in certain circumstances) to refer it to another court.<ref>{{Harvnb\|Châtel\|1982\|pp=189–90}}</ref> The role ofis unusual, as the ''{{lang\|nl\|onderzoeksrechter}}'' ~~role~~simultaneously ~~is unusual, because he or she is simultaneously~~serve a judge and an officer of the ''{{lang\|fr\|police judiciaire}}''.<ref>{{Harvnb\|Pesquié\|2002\|p=106}}</ref> In the Netherlands, the position of examining magistrate has existed since 1926, and the powers of the office were strengthened in 1999.<ref>{{Harvnb\|Ballin\|2012\|pp=101–02}}</ref> [[Openbaar Ministerie\|Dutch public prosecutors]] are charged with supervising criminal investigations and ensuring the "legitimacy, fairness and overall integrity" of the investigation and pretrial proceedings.<ref name="auto6">{{Harvnb\|Ballin\|2012\|p=101}}</ref> In addition to their investigative role,<ref>{{Harvnb\|Franken\|2012\|pp=38–40}}</ref> examining magistrate is also charged with making determinations as to the lawfulness of arrests and as to [[pretrial detention]].<ref>{{Harvnb\|Franken\|2012\|p=36}}</ref> The examining magistrate specifically reviews the public prosecutor's request to use some intrusive special investigative techniques when the prosecutor requests the magistrate to do so.<ref name="auto6"/> For the most intrusive modes of investigation, such as wiretapping or other [[lawful interception\|telecommunication intercepts]], public prosecutors must secure the approval of the examining magistrate.<ref name="auto6"/><ref>{{Harvnb\|Franken\|2012\|pp=37–38}}</ref> Line 71 ⟶ 59: ===Countries where the position was abolished=== ====Italy==== Italy abolished the examining magistrate in 1989, as part of a broader overhaul of the [[Italian Code of Criminal Procedure]].<ref>{{Harvnb\|Gilliéron\|2014\|p=127}}</ref> The reform transferred the investigative functions of the examining magistrate to public prosecutors,<ref>{{Harvnb\|Salas\|2002\|p=495}}</ref> who in Italy are also considered judges.<ref name="auto18">{{Harvnb\|Salas\|2002\|p=498}}</ref> The reform transferred the oversight functions of examining magistrates to newly created ''judges of the preliminary investigation'' with specified duties, including the issuance of search warrants, the authorization of wiretaps, and the decision on pretrial detention.<ref name="auto2">{{Harvnb\|Maffei\|Merzagora Betsos\|2010\|p=173}}</ref> The replacement of examining magistrates was not the only element of the 1989 reform that "marked a departure from the inquisitorial French tradition and partly subscribed to adversarial assumptions"; the code revision introduced [[cross-examination]] and negotiation between the parties, although it preserved some elements of the continental legal tradition.<ref name="auto2"/> ====Switzerland==== Line 100 ⟶ 88: {{refbegin}} * {{cite book\|last=Anderson\|first=Malcolm\|title=In Thrall to Political Change: Police and Gendarmerie in France\|url=https://books.google.com/books?id=CYqKByxmueEC\|publisher=Oxford University Press\|year=2011\|isbn=9780199693641\|oclc=906084292}} * {{cite book\|last1=Bachmaier\|first1=Lorena\|last2=García\|first2=Antonio del Moral\|title=Criminal Law in Spain\|publisher=Wolters Kluwer\|url=https://books.google.com/books?id=ncYScNZiZKgC\|year=2010\|isbn=9789041132956\|oclc=963549186}}{{Dead link\|date=March 2024 \|bot=InternetArchiveBot \|fix-attempted=yes }} * {{cite book\|title=Anticipative Criminal Investigation: Theory and Counterterrorism Practice in the Netherlands and the United States\|last=Ballin\|first=Marianne F.H. Hirsch\|url=https://books.google.com/books?id=CGExJeGdVF0C\|publisher=[[T.M.C. Asser Press]]\|year=2012\|isbn=9789067049481\|oclc=876005886}} * {{cite book\|last=Châtel\|first=Marc\|title=Human Rights and Belgian Criminal Procedure at Pre-Trial and Trial Level\|url=https://books.google.com/books?id=1mOt32sMyvYC\|series=Human Rights in Criminal Procedure: A Comparative Study\|publisher=[[Martinus Nijhoff Publishers]]\|year=1982\|editor=John A. Andrews\|oclc=848268259\|isbn=9024725526}} Line 107 ⟶ 95: * {{cite book\|last1=Dammer\|first1=Harry R.\|last2=Albanese\|first2=Jay S.\|title=Comparative Criminal Justice Systems\|url=https://books.google.com/books?id=8qNfHXvJx9gC\|edition=4th\|publisher=Cengage Learning\|year=2011\|isbn=9780495812708\|oclc=741932781}} * {{cite book\|last=Del Ponte\|first=Carla\|url=https://books.google.com/books?id=EHkbatQ3FGIC\|title=Madame Prosecutor: Confrontations with Humanity's Worst Criminals and the Culture of Impunity\|publisher=Other Press\|edition=English-language\|date=2009\|isbn=9781590515372}} * {{cite book\|last=Fenyk\|first=Jaroslav\|title="Reflections on Development of the Authorities of Public Prosecution and on Importance of Some Principles of Criminal Procedure" in the European Democracies, in What Public Prosecution in Europe in the 21st Century\|url=https://books.google.com/books?id=-Vyd37de0joC\|publisher=Proceedings of the Pan-European Conference, Strasbourg, 22–24 May 2000, [[Council of Europe]]\|~~year~~date=November 2000\|isbn=9287144729\|oclc=604386710}} * {{cite book\|last=Fairchild\|first=Erika\|title=Comparative Criminal Justice Systems\|url=https://books.google.com/books?id=am1HAAAAMAAJ\|publisher=Wadsworth\|year=1993\|isbn=9780534129965\|oclc=26400250}} * {{cite book\|last=Franken\|first=Stijn\|title="The Judge in the Pre-Trial Investigation" in The Reform of the Dutch Code of Criminal Procedure in Comparative Perspective\|url=https://books.google.com/books?id=mWEyAQAAQBAJ\|publisher= [[Martinus Nijhoff Publishers]]\|year=2012\|editor1=M.S. Groenhuijsen\|editor2=Tijs Kooijmans\|isbn=9789004232594\|oclc=812174481}} * {{cite book\|last=Gilliéron\|first=Gwladys\|title=Public Prosecutors in the United States and Europe: A Comparative Analysis with Special Focus on Switzerland, France, and Germany\|publisher=Springer International\|url=https://books.google.com/books?id=DjtdAwAAQBAJ\|year=2014\|isbn=9783319045030\|oclc=918792441}} * {{cite book\|last=Jacob\|first=Herbert\|title=Courts, Law, and Politics in Comparative Perspective\|publisher=Yale University Press\|url=https://books.google.com/books?id=AgwTVv9gUJ4C\|year=1996\|isbn=9780300063790\|oclc=318372322}} * {{cite book\|last1=Karst\|first1=Kenneth L.\|last2=Rosenn\|first2=Keith S.\|title=Law and Development in Latin America: A Case Book\|publisher=University of California Press\|url=https://archive.org/details/lawdevelopmentin0000kars\|url-access=registration\|year=1975\|isbn=9780520029552\|oclc=848182780}} * {{cite book\|last1=Langbein\|first1=Hermann\|title=People in Auschwitz\|publisher=University of North Carolina Press\|url=https://books.google.com/books?id=DzWPL6hjk9MC\|year=2005\|translator=Harry Zohn\|isbn=9781469628370\|oclc=919104117\|access-date=2017-12-15\|archive-date=2023-01-14\|archive-url=https://web.archive.org/web/20230114053809/https://books.google.com/books?id=DzWPL6hjk9MC\|url-status=live}} * {{cite book\|last1=Maffei\|first1=Stefano\|last2=Merzagora Betsos\|first2=Isabella\|year=2010\|title="Italy" in Crime and Punishment Around the World\|publisher=ABC-CLIO\|volume=4 (Europe)\|editor=Graeme R. Newman\|url=https://books.google.com/books?id=2uK6bR9byVIC\|isbn=9780313351334\|oclc=878812767}} * {{cite book\|last1=Merryman\|first1=John Henry\|last2=Pérez-Perdomo\|first2=Rogelio\|title=The Civil Law Tradition: An Introduction to the Legal Systems of Europe and Latin America\|publisher=Stanford University Press\|url=https://books.google.com/books?id=Z9B8GaU2BqoC\|year=2007\|edition=3d\|isbn=9781503606814\|oclc=1029071232}} Line 119 ⟶ 107: * {{cite book\|last=Pesquié\|first=Brigitte\|title="The Belgian System" in European Criminal Procedures\|editor1=Mireille Delmas-Marty\|editor2=J.R. Spencer\|publisher=Cambridge University Press\|url=https://books.google.com/books?id=epTsD3_6DVMC\|year=2002\|isbn=9780521678483\|oclc=850972090}} * {{cite book\|last=Paczkowski\|first=Andrzej\|title=Spring Will Be Ours: Poland and the Poles from Occupation to Freedom\|publisher=Pennsylvania State University Press\|url=https://archive.org/details/springwillbeours0000pacz\|url-access=registration\|translator=Jane Cave\|year=2010\|isbn=9780271023083\|oclc=59286551}} * {{cite book\|last=Salas\|first=Denis \|title="The Role of the Judge" in European Criminal Procedures\|editor1=Mireille Delmas-Marty\|editor2=J.R. Spencer\|publisher=Cambridge University Press\|url=https://books.google.com/books?id=epTsD3_6DVMC\|year=2002\|isbn=9780521678483\|oclc=850972090}} * {{cite book\|last=Skaar\|first=Elin\|title=Judicial Independence and Human Rights in Latin America: Violations, Politics, and Prosecution\|publisher=Palgrave Macmillan\|year=2011}} * {{cite book\|last=Terrill\|first=Richard J.\|title=World Criminal Justice Systems: A Comparative Survey\|url=https://books.google.com/books?id=xZ3hCgAAQBAJ\|publisher=Routledge\|year=2016\|edition=9th\|isbn=9781138940864\|oclc=952931856}} Line 130 ⟶ 118: '''Other works''' {{refbegin}} * {{cite encyclopedia\|title=Juge d'instruction\|url=https://www.britannica.com/topic/juge-dinstruction\|encyclopedia=Encyclopædia Britannica\|date=April 26, 2002\|ref={{harvid\|Encyclopædia Britannica\|2002}}\|access-date=April 12, 2017\|archive-date=April 13, 2017\|archive-url=https://web.archive.org/web/20170413081046/https://www.britannica.com/topic/juge-dinstruction\|url-status=live}} * {{cite news\|last=Samuel\|first=Henry\|title=Nicolas Sarkozy to abolish controversial French magistrate\|url=https://www.telegraph.co.uk/news/worldnews/europe/france/4160680/Nicolas-Sarkozy-to-abolish-controversial-French-magistrate.html\|work=The Telegraph\|date=January 7, 2009\|issn=2059-7487\|oclc=49632006\|archive-url=https://web.archive.org/web/20170413101054/https://www.telegraph.co.uk/news/worldnews/europe/france/4160680/Nicolas-Sarkozy-to-abolish-controversial-French-magistrate.html\|archive-date=April 13, 2017}} * {{cite news\|last=Saltmarsh\|first=Matthew\|title=Sarkozy's Legal Reforms Run Into Obstacles\|url=https://www.nytimes.com/2010/07/06/world/europe/06paris.html\|work=The New York Times\|date=July 5, 2010\|issn=1553-8095\|oclc=1645522\|archive-url=https://~~www~~web.~~webcitation~~archive.org/~~72114qDfJ?url=~~web/20180829003446/https://www.nytimes.com/2010/07/06/world/europe/06paris.html\|archive-date=2018-08-2829\|access-date=2017-08-27\|url-status=live}} * {{cite news\|last=Lichfield\|first=John\|title=Why the French are growing envious of Britain's justice system\|url=https://www.independent.co.uk/voices/commentators/john-lichfield-why-the-french-are-growing-envious-of-britains-justice-system-654087.html\|work=The Independent\|date=March 15, 2002\|issn=0951-9467\|oclc=185201487\|access-date=August 27, 2017\|archive-date=May 23, 2017\|archive-url=https://web.archive.org/web/20170523204146/http://www.independent.co.uk/voices/commentators/john-lichfield-why-the-french-are-growing-envious-of-britains-justice-system-654087.html\|url-status=live}} * {{cite news\|last1=Minder\|first1=Raphael\|first2=Marlise\|last2=Simons\|title=Prominent Rights Judge Is Convicted in Spain\|url=https://www.nytimes.com/2012/02/10/world/europe/baltasar-garzon-prominent-rights-judge-convicted-in-spain.htm\|work=The New York Times\|date=February 9, 2012\|issn=1553-8095\|oclc=1645522}} * {{cite news\|last=Kitsantonis\|first=Niki\|title=Greek Police Arrest Suspect in Letter Bomb Attacks\|url=https://www.nytimes.com/2017/10/28/world/europe/greece-letter-bomb-suspect.html\|work=The New York Times\|date=October 28, 2017\|issn=1553-8095\|oclc=1645522\|access-date=December 2, 2017\|archive-date=December 3, 2017\|archive-url=https://web.archive.org/web/20171203082826/https://www.nytimes.com/2017/10/28/world/europe/greece-letter-bomb-suspect.html\|url-status=live}} {{refend}} [[Category:Judges]]