Reform project of the penal procedure of Henri Donnedieu de Vabres

The reform project of the penal procedure of Henri Donnedieu de Vabres of 1949 intended to entrust to a Juge of the Instruction (and not Examining magistrate) the judicial offices of the instruction.

The objective of the project of Donnedieu de Vabres

The examining magistrate, whose Statut is badly defined by the project, would exert a Mission Contrôle of the instruction by the Parquet, in order to guarantee the Respect Liberté S. It must thus regulate the various incidents which the acts of instruction raise. He must also rule on the requests for setting in Bail made by the prisoners and decide following giving once to the business the finished Investigation S. These Ordonnance S is likely of call in front of the Court of criminal appeal. The legitimate interests of the parts to the instruction are guaranteed by the control of this higher judge. Criticisms were made against this examining magistrate. Independent of the parquet floor, it must be a magistrate of higher row , which would sit above the Public prosecutor . The prosecutor being same row as the President of the court, the examining magistrate is the magistrate of the rank more raised, and is located at a row higher than the president of the court, which of this fact does not have the Suprématie in the Juridiction that it chairs.

The rejection of reforms

Such a Réforme was likely to more dig the gap between magistrates of the seat and of the parquet floor. Moreover, some say that the control of the examining magistrate, being carried out a posteriori, is ineffective. Indeed, the examining magistrate is unaware of the context of the decision of the public prosecutor. Even if this control appeared effective, it would subordinate the parquet floor to the examining magistrate, magistrate of the seat. Lastly, a reform of this scale is very expensive since it requires a significant growth of the number of magistrates of the parquet floor (to carry out the investigations). The examining magistrate, of a row higher than the examining magistrate, is also more expensive for justice. Such a reform appears, on the financial plan, difficult to implement. The project Donnedieu de Vabres , far from achieving the unanimity within the legal world, was thus abandoned.

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