A French criminal trial is in every respect as unlike a criminal trial
in England as can well be imagined. To begin with, if the Caillaux
drama had been English, if the wife of an English Cabinet Minister
were at the present moment in Brixton gaol awaiting her trial because
she had walked into Printing House Square and shot the editor of the
_Times_, this book, by the mere fact of its appearance, would send me
and the publisher to prison for contempt of court. In France, not only
is there no contempt of court in comment on a case sub judice, but the
preliminaries of a great criminal trial are conducted in the open. Ever
since the murder of Monsieur Gaston Calmette the Paris papers have
contained long daily digests of the evidence collected on the details
of the murder, and this evidence has been commented on every day, and
with the utmost freedom, by the Paris newspapers. There is a special
magistrate known as the _juge d’instruction_, whose duty it is, if I
may put it so, to try the case before it comes into court, and to hand
to the judge who presides over the trial his opinion on the prisoner’s
innocence or guilt, his full reasons for that opinion, and the evidence
in résumé which he has collected to enable him to form it. In other
words, directly a crime has been committed, whether the supposed
criminal be arrested or not, a _juge d’instruction_ or examining
magistrate is appointed, and from the moment of his appointment he
takes entire charge of the case. The prisoner is entirely in his hands.
That is to say, he disposes of her while she is awaiting trial, under
certain rules and regulations of course, as he thinks fit. He may
question her as often or as seldom as he wishes, either in his room at
the Palace of Justice or in her cell, the only proviso being that he
is not allowed to question her without the presence of her lawyer, and
that at each interrogatory his sworn clerk, known as the _greffier_,
must be present to take down his questions, and the prisoner’s answers,
and at the end of each interrogatory to obtain the prisoner’s signature
at their foot. The examining magistrate’s work is of course by no means
confined to his examination of the prisoner. As soon as he has digested
the first details and circumstances of the crime he has full power to
summon and to examine anybody and everybody whom he considers likely
to have any evidence to give which may help him in his judgment on the
case.
Public-domain text, read in full here on John Shaqi.
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