Minister Defends Justice Reforms
3 Mar
The French Justice minister Michele Alliot-Marie has defended proposed reforms to criminal procedure in France.
Ms Alliot-Marie spoke out in support of plans to scrap the current system of investigating magistrates – judges that carry out their own independent investigations in complicated or serious cases.
Currently, only five per cent of French court cases employ these types of presiding judge, and the system has come under fire in recent years, most notably after a number of innocent people were wrongly convicted on child sex charges based on the evidence of an investigating magistrate.
As a result French president, Nicola Sarkozy has called for the system to be overhauled and Ms Marie-Alliot will now lead a consultation on the future of the justice system.
Ms Marie Alliot told reporters that the undertaking was a “complete overhaul of criminal procedure” and not simply an attempt to eradicate the once respected investigating magistrate position.
However critics have questioned whether the removal of the position will lead a loss of autonomy for the courts – with the prosecution taking sole responsibility for the investigation of alleged offenses.
Speaking in Le Parisien this week, the justice minister said: “The Ministry of Justice will not be able to prevent the opening of an investigation, and if it did, the prosecution would be obligated to disobey: this will be written into the law.
“If the prosecution does not open an investigation, the plaintiff will have the right to request one.”
