NCJ Number
150703
Date Published
1991
Length
339 pages
Annotation
Two reports evaluate the early stages of criminal procedure regarding respect for human rights and propose changes for the French criminal process.
Abstract
The preliminary report surveys the principal European systems. It analyzes who conducts the investigation and what the rights of the defense are. The report then focuses on controversial items in the French criminal procedure including police investigation, accusation, detention pending trial, and the rights of the defense. Last, the general principles on which the initiation of criminal procedure should be based are summarized and applied to existing French practice: legality, the right to a trial, the proportionality of punishment and crime, the presumption of innocence, respect for the rights of the defense, equality before the law, respect for human dignity, equal access to evidence and information of all involved parties, the right to a timely trial, and the victim's right of access to the criminal justice system. Based on these principles, the final report suggests both institutional and procedural changes to guarantee that human rights are not violated. Institutional changes include a new public prosecutor's office, strengthening the options of the defense, expanded victim's rights during the early stages of the criminal process, and enhancing the judge's power in the protection of human rights. Numerous suggested procedural changes touch on such issues as a simplified criminal procedure if the accused pleads guilty, the presentation of evidence, the presentation of the accused's character, and detention pending trial. 6 pages of references