Juge De Paix

In French Law. A Justice of the peace. See Courts op France. JUGE D’INSTRUCTiON. In French Law. An officer subject to the procureur-general, who in cases of criminal offences receives the complaints of the parties injured, and who summons and examines witnesses upon oath, and after communica^on with the procureur-general draws up the forms of accusation. They have also the right, subject to the approval of the same superior officer, to admit the accused to bail. They are usually chosen from among the regular Judges. By the act of December 8, 1897, changes of the most radical character were Introduced. Unbefore the procureur who must require the juge d’ instruction to question him immediately. In case of his refusal, absence, or other obstacle, the accused must be examined without delay by the ofl Bcial designated by the public minister. In default of examination within the time prescribed, the public prosecutor must order him to be set at liberty, and any person kept confined for more than twenty-four hours in the place of detention without examination, or without being brought before the public prosecutor shall be considered as arbitrarily detained, and all violations of this law by officials are to be prosecuted as outrages against liberty. At the examination the magistrate having verified the identity of the accused, is required to make known to him the facts charged against him and receive his declaration, first having warned him that he is free not to make any. Mention of this warning must be made in the procfts-verbal. If the accusation is sustained, the magistrate shall Inform the accused of his right to choose a counsel, and • if he makes no choice, shall himself appoint one, if the accused demands it. Mention of this formality must be made in the proc&s-verbal. If the accused has been found outside of the arrondissement where the warrant was issued, and at a distance of more than ten myriameters (about 60 miles) from the principal place of the arrondissement, he is conducted before the public prosecutor of the one in which he was found and by him examined. The accused is not removed from this Jurisdiction against his consent, and if when the inquiry is made of him, that is refused, information is sent to the officer who signed the warrant, with a statement of facts bearing on the identity of the person. The warning must be given to the accused at this examination that he is free not to make any declarations, and it must be mentioned in the proc&s-verbal. The juge d' instruction charged with the matter decides immediately upon the receipt of this message whether there Is reason to order the transfer. In ease of flagrant crime the juge d'instruetion can proceed to examine him immediately If there Is urgency resulting from the condition of a witness in danger of death, or the existence of indications likely to disappear, or even if he is taken away from the place. If the acciised remains in custody, he can immediately have the first examination and communicate freely with his counsel. Provisions of the law of July 14, 1865, amending article 613 of the code of criminal instruction are abrogated in all that concerns places of detention subjected to the cell regime. There may be an interdiction of communication ordered by the juge d'instruetion for ten days, which may be once only renewed the counsel of the accused. He must make known the name of his counsel, and whether detained or set free, cannot be examined unless with his express consent except in the presence of his counsel. The counsel can only act for him after having been authorized by the magistrate, and in case of refusal, a note should be made of the incident in the proc6s-verbal. The counsel should be summoned by letter at least twenty-four hours In advance. The counsel is entitled to be Informed by the recorder of the inquiries to which the accused is to be subjected and of every order made by the judge. Journal Offlciel de la Ripuhlique Francaise, Dec. 10, 1897.

An inferior judicial functionary, appointed to decide summarily controversies of minor importance, especially such as turn mainly on questions of fact. He has also the functions of a police magistrate. FerriCre.

Defined under Juge in Black's Law Dictionary.

In Frenchlaw. An inferior judicial functionary, appointed to dequestions of fact. He has also the functions of a police magistrate. Ferritre.