The work of an examining magistrate in France is conducted with a
curious absence of formality. The prisoner or the witnesses come to his
room in the Palace of Justice, and in the case of a prisoner the guards
withdraw. The magistrate collects his evidence in a very conversational
way. He chats with the prisoner and with the witnesses whom he calls,
he interrupts them, he bullies them if he thinks fit, he allows them
to speak or he reads them a lecture, exactly as he likes, he makes
statements, and takes note of contradictions, and he frequently calls
three or four witnesses together and allows them to discuss points in
the case while he listens to the discussion.
This method, I may remark, is often a very fruitful means of getting at
the truth. The absence of formality has often proved to be a great help
to the course of French justice. The French law and English laws have
very different ideas on the subject of evidence. To give an idea of
what is considered perfectly relevant and perfectly admissible evidence
in France, Madame Caillaux, during the course of her preliminary
examination by Monsieur Boucard, the examining magistrate in charge
of her case, made the following extraordinary request to him. “I am
informed,” she said, “that, in the opinion of the great surgeon Dr.
Doyen, the life of Monsieur Calmette might have been saved after I shot
him if he had been treated differently.” Madame Caillaux’s contention
was that the doctors who attended Monsieur Calmette after she had shot
him might have treated him in such a way as to ensure his recovery, and
she asked the examining magistrate to call Doctor Doyen, who, after
reading the report of the autopsy made by the sworn medical experts
after Monsieur Calmette’s death, was of the opinion that the surgeons
who attended him might have saved his life. Evidence of an equally
irrelevant nature is considered perfectly admissible in any French
criminal trial, and evidence as to character and motive very frequently
admits in France of an immense abuse of the examining magistrate’s
time. In the Caillaux case, for instance, friends of the murdered
man have been prolific with evidence to the effect that from their
knowledge of Monsieur Calmette they consider it most unlikely that he
would ever have printed the letters which play so large a part in the
evidence for the defence, and the publication of which Madame Caillaux
feared and anticipated.
Public-domain text, read in full here on John Shaqi.
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