Editing Inquisitorial system (section)

==Modern usage==

===France===
{{more cn |section |find=Inquisitorial system |find2=history France |date=March 2023}}

The main feature of the inquisitorial system in [[Criminal justice system of France|criminal justice in France]], and other countries functioning along the same lines, is the function of the examining or [[Investigating judge (France)|investigating judge]] ({{lang|fr|juge d'instruction}}), also called a magistrate judge. The examining judge conducts investigations into serious crimes or complex inquiries. As a member of the [[French judiciary|judiciary]], they are independent and outside the province of the executive branch, and therefore separate from the Office of Public Prosecutions, which is supervised by the [[Minister of Justice (France)|Minister of Justice]].

Despite high media attention and frequent portrayals in TV series, examining judges are active in a small minority of cases. In 2005, there were 1.1 million criminal rulings in France, while only 33,000 new cases were investigated by judges.<ref>''[http://www.justice.gouv.fr/art_pix/1_chiffrescles06.pdf Les chiffres-clés de la Justice]'', French Ministry of Justice, October 2006</ref> The vast majority of cases are therefore investigated directly by law enforcement agencies ([[French National Police|police]], [[French Gendarmerie|gendarmerie]]) under the supervision of the Office of Public Prosecutions (''procureurs'').

Examining judges are used for serious crimes, e.g., [[murder]] and [[rape]], and for crimes involving complexity, such as [[embezzlement]], misuse of public funds, and [[political corruption|corruption]]. The case may be brought before the examining judge either by the public prosecutor (''procureur'') or, more rarely, by the victim (who may compel an ''instruction'' even if the public prosecutor rules the charges to be insufficient).

The judge questions witnesses, interrogates suspects, and orders [[search warrant|search]]es for other investigations. Their role is not to prosecute the accused, but to gather facts, and as such their duty is to look for any and all [[evidence (law)|evidence]], whether incriminating or exculpatory (''à charge et à décharge''). Both the [[prosecution]] and the [[defense (legal)|defense]] may request the judge to act, and may appeal the judge's decisions before an appellate court. The scope of the inquiry is limited by the mandate given by the prosecutor's office: the examining judge cannot open a criminal investigation ''[[sua sponte]].''

In the past the examining judge could order committal of the accused, this power being subject to appeal. However, this is no longer authorized, and other judges have to approve a committal order.

If the examining judge decides there is a valid case against a suspect, the accused is sent for adversarial trial by jury. The examining judge does not sit on the trial court which tries the case and is prohibited from sitting for future cases involving the same defendant. The case is tried before the court in a manner similar to that of adversarial courts: the prosecution (and on occasion a plaintiff) seeks the conviction of accused criminals, the defense attempts to rebut the prosecution claims, and the [[judge]] and [[jury]] draw their conclusions from the evidence presented at trial.

As a result of judicial investigation and defendants being able to have judicial proceedings dismissed on procedural grounds during the examining phase, cases where the evidence is weak tend not to reach the trial stage. Conversely, the guilty [[plea]] and [[plea bargain]]ing were until recently unknown to French law. They are accepted only for crimes for which the prosecution seeks a sentence not exceeding one year imprisonment. Therefore, most cases go to trial, including cases where the prosecution is almost sure to gain a conviction. In countries such as the United States, the latter cases would be settled by plea bargain.