An Historical Mystery (The Gondreville Mystery)Balzac, Honoré de
General
An Historical Mystery (The Gondreville Mystery)
Balzac, Honoré de
Detective and mystery stories; French fiction -- Translations into English; Historical fiction
The Code of Brumaire, year IV., gave to the director of the jury of
the department the duty of discovering, indicting, and prosecuting the
persons guilty of the delinquency committed at Gondreville. Remark, by
the way, that the Convention had eliminated from its judicial vocabulary
the word “crime”; _delinquencies_ and _misdemeanors_ were alone
admitted; and these were punished with fines, imprisonment, and
penalties “afflictive or infamous.” Death was an afflictive punishment.
But the penalty of death was to be done away with after the restoration
of peace, and twenty-four years of hard labor were to take its place.
Thus the Convention estimated twenty-four years of hard labor as
the equivalent of death. What therefore can be said for a code which
inflicts the punishment of hard labor for life? The system then in
process of preparation by the Napoleonic Council of State suppressed the
function of the directors of juries, which united many enormous powers.
In relation to the discovery of delinquencies and their prosecution the
director of the jury was, in fact, agent of police, public prosecutor,
municipal judge, and the court itself. His proceedings and his
indictments were, however, submitted for signature to a commissioner of
the executive power and to the verdict of eight jurymen, before whom
he laid the facts of the case, and who examined the witnesses and the
accused and rendered the preliminary verdict, called the indictment. The
director was, however, in a position to exercise such influence over the
jurymen, who met in his private office, that they could not well avoid
agreeing with him. These jurymen were called the jury of indictment.
There were others who formed the juries of the criminal tribunals
whose duty it was to judge the accused; these were called, in
contradistinction to the jury of indictment, the judgment jury. The
criminal tribunal, to which Napoleon afterwards gave the name of
criminal court, was composed of one President or chief justice, four
judges, the public prosecutor, and a government commissioner.
Nevertheless, from 1799 to 1806 there were special courts (so-called)
which judged without juries certain misdemeanors in certain departments;
these were composed of judges taken from the civil courts and formed
into a special court. This conflict of special justice and criminal
justice gave rise to questions of competence which came before the
courts of appeal. If the department of the Aube had had a special court,
the verdict on the outrage committed on a senator of the Empire would no
doubt have been referred to it; but this tranquil department had
never needed unusual jurisdiction. Grevin therefore despatched the
sub-lieutenant to Troyes to bring the director of the jury of that town.
The emissary went at full gallop, and soon returned in a post-carriage
with the all-powerful magistrate.
Public-domain text, read in full here on John Shaqi.
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