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Spiral - French law

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Spiral - French law

Postby dls » Tue Jan 20, 2015 3:33 pm

The BBC are running the third(?) season of the French crime series 'Spiral'.

It is well worth watching but is proving particularly interesting because a 'police procedural' you see the interplay between the police officers, the prosecutor and the investigating magistrate. It is an eye opener.

We tend to feel that the way we do things is about the only way of doing things. It clearly isn't and it is instructive to see how things might work - if only in a highly dramatised way.
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Re: Spiral - French law

Postby Slartibartfast » Tue Jan 20, 2015 6:09 pm

Braquo is another good French police show. Highly recommend them both.
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Re: Spiral - French law

Postby Smouldering Stoat » Tue Jan 20, 2015 6:21 pm

I've been watching Spiral on my tablet on my way to work. It's most interesting to see the similarities and differences between their system and ours. I've seen the system of examining magistrates held up as something of an example to us, but it seems less clear-cut if the drama is to be believed. Most importantly, my knowledge of French swear words has improved dramatically.
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Re: Spiral - French law

Postby diy » Wed Jan 21, 2015 2:35 pm

I always found it alarming that :
- You are guilty until you are proven innocent
- The investigator is the prosecutor and judge
- they have tougher drink drive laws but vastly more people drink drive.

But there is a lot in common too:
- they also like burning speed cameras
My suggestions are not legal advice
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Re: Spiral - French law

Postby atticus » Wed Jan 21, 2015 2:52 pm

I do not think that the investigator, although a judge, is the judge hearing the trial.

In afrance, the investigating judge is a juge d'instruction, or examining magistrate. If he determines that the evidence justifies a trial, then the case is referred to a trial court.

My search engine tells me that French law has a presumption of innocence. See also article 6.2 of the Convention for the Protection of Human Rights and Fundamental Freedoms.
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Re: Spiral - French law

Postby diy » Thu Jan 22, 2015 1:50 pm

atticus wrote:I do not think that the investigator, although a judge, is the judge hearing the trial.

In afrance, the investigating judge is a juge d'instruction, or examining magistrate. If he determines that the evidence justifies a trial, then the case is referred to a trial court.

My search engine tells me that French law has a presumption of innocence. See also article 6.2 of the Convention for the Protection of Human Rights and Fundamental Freedoms.


I stand corrected
http://www.justice.gouv.fr/art_pix/fren ... system.pdf
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