Trooper 3809: A Private Soldier of the Third RepublicDecle, Lionel
History
Trooper 3809: A Private Soldier of the Third Republic
Decle, Lionel
France. Armée -- Military life
Accused persons are examined by a _Juge d'instruction_ (examining
magistrate) _in camera_. Prisoners are considered guilty until they
can prove their innocence. The examining magistrate can use any means
he likes to obtain a confession; he can send a prisoner to solitary
confinement (_au secret_) for weeks, if he chooses. He collects all
information respecting the prisoner, bewilders him, lies to him if
he thinks fit, and can keep him for months in confinement, before
committing him for trial or releasing him.
In most of the cases which would be disposed of in England by a Police
Magistrate, within twenty-four hours of arrest, the accused is kept, in
France, for a period of from one to three months under lock and key,
before being tried by the _Police Correctionnelle_ (Police Court), and
in case of crimes which have to be tried by a jury the preliminary
inquiry or _instruction_ lasts from three to _eighteen_ months. Three
or four years ago in one of the celebrated cases which ended in an
acquittal, the _instruction_ of the case lasted eighteen months, during
the whole of which time the accused was kept in prison, being for a
considerable period in the strictest solitary confinement.
It is only during the last two years that a new law has been passed,
enabling accused persons to be assisted by counsel during the
_instruction_--counsel being present during the examination of the
accused. Formerly the accused was not allowed to be assisted by
counsel until the examination was closed.
As I said before, bail does not exist in France, except in rare
instances with the approval of the Minister for Justice. In such cases
bail takes the form of a deposit in cash, usually amounting to many
hundreds or even thousands of pounds.
The _Juge d'instruction_ can, however, release a prisoner off hand, or
grant him provisional liberty, but this is also very rarely done.
Limitation in the case of criminal offences, however, exists in
France. For offences which entail a maximum punishment of five years'
imprisonment, no prosecution can take place after a lapse of three
years from the date of the commission of the crime.
In the case of felonies (even in the case of murder), no prosecution
can take place after thirty years have elapsed since the crime was
committed.
On the other hand, if a citizen is accused of any crime or felony,
and he absconds, he can be tried and sentenced _par contumace_ in his
absence.
APPENDIX C
CONSTITUTION OF A SQUADRON.
_Captain in Command._
_Second Captain._
_1st Peloton_
(30 men)
1st Lieutenant
(In command)
Sergeant-major
2 Sergeants
Trumpeter
_2nd Peloton_
(30 men)
Sub-lieutenant
(In command)
Sergeant
_Caporal-fourrier_
Trumpeter
_3rd Peloton_
(30 men)
Sub-lieutenant
(In command)
Sergeant
Trumpeter
_4th Peloton_
(30 men)
2nd Lieutenant
(In command)
_Sergent-fourrier_
2 Sergeants
Trumpeter
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