A vizsgálóbíró szerepe a 19. és 20. századi francia büntető eljárásjogban

The legal institution of “juge d’instruction” (examining judge) could be established in French criminal procedure law because the separation of powers has not always prevailed completely. The public prosecutor has become more and more dependent on the executive power. In my study, I mainly deal with the relationship between the “juge d’instruction” and the public prosecutor and between the “juge d’instruction” and the police. Furthermore, I examine the independence and impartiality of the above mentioned legal institution. Finally, I refer to some cases when “juges d’instruction” have abused their power. The separation of the “juge d’instruction’s” examination and the public prosecutor’s procedure has derived from ancient law, this principle has also appeared in Napoleon’s Code d’Instruction Criminelle (Code of Criminal Examination of 1808). The public prosecutor has determined the actions of examination and the “juge d’instruction” has executed them, in my interpretation, the latter has served as an executive organ of the public prosecutor. The independence of the “juge d’instruction” in this respect has become one of the most important guarantees of individual liberty, although in practice, this independence has not always been realized de facto. However, there is another important question: why has this legal institution been introduced into French criminal procedure law, when also the police could have fulfilled these actions? According to the French view, examination should have been executed by a person with judicial state, policemen have not often disposed of the required qualities, but the “juges d’instruction” have been the symbol of impartiality. The role of “juge d’instruction” is also relevant from another aspect: in 1808, Napoleon unified the civil and criminal jurisdiction and separated the phase of examination and the phase of judgement in criminal procedure. In my opinion, the “juges d’instruction” have also represented this unit because Napoleon has appointed them from the members of civil tribunals. The question is the following: has the “juge d’instruction” really embodied independence and impartiality in French criminal procedure law? In my study, I apply comparative legal historical, descriptive and critical analytical method