But a judge can do everything at the same time

Eighteen years ago, in a report, immediately dismissed by magistrates, the Delmas-Marty commission urged the disappearance of the investigating judge, demi-Salomon, half-Maigret, according to Robert Badinter. This function, more and more threatened, symbolizes a system that blends the investigation, the prosecution and the judicial. But a judge can do everything at the same time. Because the judicial function is exercised in a system with three branches: the charge, the defence and the judge. If the judge claims to investigate, charge and at the same time defend (instruction to charge and discharge), there is nothing properly. If the Prosecutor's Office (the charge) is now in France the same bodies as those who, it is shadow judge and makes confusing image. If the defence relies on the investigating judge to assume his office, she betrays his duties. Yet, this is the argument of investigating judges who claim lawyers, since they say hear discharge and consider that, if they disappear, only the wealthy can be defended by good lawyers! The confusion of the French inquisitorial system generates more disasters for thirty years, "Bruay-en-Artois", the "physicians of Poitiers", "Small Gregory", then "the case of Outreau. And yet, nothing moves. The result of Outreau was simply to add a second trial judge first in difficult cases. But, as Hegel said, "the progressive quantitative changes lead to brutal qualitative mutations". The misadventure of journalist De Filippis, former Director of the publication of "Liberation" is this drop that straw Possible. The reactivity of Nicolas Sarkozy could generate change by capitalizing the past from a trivial incident, but become flagship media. The system of the investigating judge is not in issue in this outrageous gaffe. But only the fault of taste of "an" investigating judge in response to the lack of response to a summons by a mandate to bring unwarranted, executed in mundane, hateful and mediaeval our system forms: when it applies to the policies and the Burghers of the CAC 40, the vulgate was: "proletarians support, others must also. It is the equal reasoning to the bottom. The system is awful, but everyone must in drooling! This is democracy! More of it with the case De Filippis. But an order of the President of the Republic to change the penal system. Thanks to the media for this decisive contribution to progress.

It has never given (judicial reform activist faith) all articles in the press against the judge for twenty years. The first President of the Court of appeal of Paris, Jean-Claude Magendie, said the "Figaro": "the investigating judge will evolve or go away." But how evolve after Outreau

A good defence for all

The view becomes accustomed to the disappearance of the investigating judge, deleted in Germany in 1974, in Italy in 1989, and non-existent almost everywhere also. The problem is that it is not enough to remove the investigating judge and replace it with the public prosecutor to conduct investigations. The reconstruction of the architecture of the criminal procedure involves two reforms. The first: separate judges who judge the judiciary who accuse. Either separate head office of the Prosecutor's Office including rebuilding the powers of a judge "to" education which controls and referee between the prosecution and the defence. And, secondly, to create a new legal tool enabling the poorest to be properly defended. Separate head office of the Prosecutor's Office faces the hostility of a majority of judges, despite favourable stance of the first Presidents of Court of appeal for ten years. Create a public service of legal aid to defend so organized and professionalized the poorest collides with the conservatism of the lawyers, who are in the form of the profession as soon as it comes to organize or the specialize and to allow him to meet full time to a request for general interest.

Before these barriers, that will give this new crisis A true transformation or finasseries as fifty years