Indeed free hearing is at no time the presence of a lawyer

Michèle Alliot-Marie welcomed a broad and consensual dialogue on the reform of criminal procedure. But the result may be quite different. The Union of the judiciary (SM), positioned to the left, already indicated that it would not participate in a "sham" discussion that he likened to "a tool for corporate communication. As the national Council of the bars, yesterday organized a major symposium on penal reform as well involving judges and lawyers, he is working his critics. At present, four major points are debate.

The status of the Prosecutor's Office

The Minister of Justice has been clear on this point, a change in status of the Prosecutor's Office is not an option. It is the main reason that led the Union of the judiciary has to withdraw from negotiations. The subject may nevertheless to invite in the debate via the European Court of the human rights (ECHR), which should make Monday a much-anticipated decision. It is the appeal of the July 2008 Medvedyev judgment that the French Prosecutor's Office could not be regarded as a judicial authority because of its subjection to the Ministry of Justice. If the European Court should confirm its first stop, the reform undertaken by Michèle Alliot-Marie would significantly weakened, or emptied of its substance... However, some experts consider that the ECHR could not speak on the powers of the Prosecutor's Office relating to detention and not all of the prerogatives of the Crown.

Free hearing

In wanting to relax the regime of custody by the introduction of a free hearing which may not exceed four hours, the keeper of the seals is drawn the ire of lawyers. Indeed, free hearing is at no time the presence of a lawyer. In addition, the drafting of the draft law leaves a serious doubt on the "free" of this hearing character: "when the person was apprehended and returned by the stress in the premises of the judicial police service, the judicial police officer may hear freely if it is an offence punished with a term of imprisonment less than or equal to five years."

The role increased police

With custody, it is the other bone of contention between lawyers and judges, police on the other hand. As noted yesterday Frank Natali, lawyer and member of the NBC, "the major risk of the reform is to switch the processing to police investigators". Indeed, the text stipulates that "examination of load notification may also be directed by a judicial police officer acting on instructions of the Procurator of the Republic", instead of the single public prosecutor today. In this case, the investigation must relate to an offence punishable by less than ten years of imprisonment. This provision concerns certain experts that to a floor flooded, most of the cases be transferred to the police. The investigation could term occur primarily in police stations.

Calendar

Before the extent of the reform, the Minister of Justice has chosen to present its project in two phases: the phase of investigation first, then the hearing and judgment phase which will begin to floor the Chancery working groups. But this method private interlocutors of the Minister of a global vision of the reform, said the Union of the judiciary. In addition, the desire to move quickly, with objective a filing of the final text on the desktop of the assemblies for end of June, shines a part of the interlocutors of the Minister who denounce a very tight schedule.