How to indicate that the text is not frozen

After writing, it is the phase of consultation which opens today. The keeper of the seals planned to meet over the next two months, all of the organisations affected by the reform of criminal procedure. It is the Union of magistrates (USM) that opens the ball this morning. Mean that the Minister of Justice chose not really ease to his first interview since the USM has already said on many occasions his opposition to the spirit of the text unveiled today, especially on the removal of the very emblematic function of the investigating judge.

The Minister already stated that it expected the proposed amendments. How to indicate that the text is not frozen. Yet, several amendments to the draft initial, slight report, have already made since this fall. The objective, in the words of the Minister, "to eliminate suspicions and making possible the more readable procedure so that citizens can understand the rules that are used to enforce the law." Side readability in effect, the draft law should pleasantly surprise the habitués of the law by the simplicity of its drafting and presentation. As to the substance of the reform, the text seeks to meet the main criticisms that have dotted the debate for a year. To avoid that a case can be muffled by political power, the Attorney will be including a duty of disobedience to his Minister if he was to give the order not to pursue.

Adoption final early 2011

Michèle Alliot-Marie said that the Prosecutor could be himself in such a case for not having disobeyed and thus having interference for the truth. Beyond, it is not, yet emphasized yesterday the keeper of the seals, to change the status of the public prosecutor's Office which remains subject to the authority of the Ministry. The draft law also provides for the creation of a citizen part (see below) which may intervene in cases tell of general interest (malpractice in public accounts, with the environment...). An innovation that should reassure victims associations, they received also this morning.

It is on the powers of the justice and freedoms (EDL) intended to replace the judge that the discussions are likely to be more animated. The latter will in effect the mission to monitor the investigation by the Prosecutor's Office. The EDL will thus have the possibility, by order, require the Prosecutor to carry out acts of investigation within a given time. He can attend searches that it will be ordered to ensure their good conduct. If ordered acts were to be poorly executed, the possibility is given to enter the Chamber of investigation and freedoms. The EDL will be finally assisted by Court of investigation and the freedoms in prolongation of pre-trial detention and for any case "the complexity or seriousness warrants that challenge which is laid before him by a party is considered by the tribunal." The tribunal, composed of three judges, is a way for the Department of reintroducing a dose of collegiality, the principle had been laid by the Act of March 5, 2007 but never applied.

If the consultation follows a normal course, the draft law should be tabled in Parliament before the summer, but considered only in the fall. The final adoption of the text, according to the wishes of the Minister, is scheduled for early 2011.