JUGE D'INSTRUCTION. In French Law. An officer subject to the who in cases of criminal offences receives the complaints of the parties injured, and who summons and examines witnesses upon oath, and after communication with the pro draws up the forms of accu sation. They have also the right, subject to the approval of the same superior officer, to admit the, accused to bail. They are usually chosen from among the regular judges. By the act of December 8, 1897, changes of the most radical character were introduced. Un der this law, within twenty-four hours of his arrest, an accused person must be condubted before the procureur who must require the juge d'instruction to question him immedi ately. In case of his refusal, absence, or oth er obstacle, the accused must be examined without delay by the official designated by the public minister. In default of examina tion within the time prescribed, the public prosecutor must order him to be set at lib erty, and any person kept confined for more than twenty-four hours in the place of de tention without examination, or without be ing brought before the public prosecutor shall be considered as arbitrarily detained, and all violations of this law by officials are to be prosecuted as outrages against liberty. At the examination the magistrate having verified the identity of the accused, is re quired to make known to him the facts charged against him and receive his declara tion, first having warned him that he is free not to make any. Mention of this warning must be made in the proces-verbal. If the accusation is sustained, the magistrate shall inform the accused of his right to choose a counsel, and if he makes no choice, shall himself appoint one, if the accused demands it. Mention of this formality must be made in the proces-verbal. If the accused has been found outside of the arrondissement where the warrant was issued, and at a dis tance of more than ten myriameters (about 60 miles) from the principal place of the arrondissement, he is conducted before the public prosecutor of the one in which he was found and by him examined. The ac
cused is not removed from this jurisdiction against his consent, and if when the inquiry is made of him, that is refused, information is sent to the officer who signed the warrant, with a statement of facts bearing on the identity of the person. The warning must be given to the accused at this examination that be is free not to make any declarations, and it must be mentioned in the proces-ver bal. The juge d'instruction charged with the matter decides immediately upon the re ceipt of this message whether there is rea son to order the transfer. In case of fla grant crime the juge d'instruction can pro ceed to examine him immediately if there is urgency resulting from the condition of a witness in danger of death, or the exist ence of indications likely to disappear, or even if he is taken away from the place. If the accused remains in custody, he can immediately have the first examination and communicate freely with his counsel. Pro visions of the law of July 14, 1865, amending article 613 of the code of criminal instruc tion are abrogated in all that concerns plac es of detention subjected to the cell regime. There may be an interdiction of communica tion ordered by the juge d'instruction for ten days, which may be once only renewed for ten days more. In each case the inter diction of communication shall not apply to the counsel of the accused. He must make known the name of his counsel, and whether detained or set free, cannot be examined unless with his express consent except in the presence of his counsel. The counsel can only act for him after having been au thorized by the magistrate, and in case of refusal, a note should be made of the inci dent in the proces-verbal. The counsel should be summoned by letter at least twen ty-four hours in advance. The counsel iS entitled to be informed by the recorder of the inquiries to which the accused is to be subjected and of every order made by the judge. Journal 0/Adel de la Republique Frangaise, Dec. 10, 1897.