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Examining magistrate information


An examining magistrate is a judge in an inquisitorial system of law who carries out pre-trial investigations into allegations of crime and in some cases makes a recommendation for prosecution. Also known as an investigating magistrate, inquisitorial magistrate, or investigating judge, the exact role and standing of examining magistrates varies by jurisdiction. Common duties and powers of the examining magistrate include overseeing ongoing criminal investigations, issuing search warrants, authorizing wiretaps, making decisions on pretrial detention, interrogating the accused person, questioning witnesses, examining evidence, as well as compiling a dossier of evidence in preparation for trial.

Investigating judges in France have an important role in the French judiciary. They are also a feature of the Spanish, Dutch, Belgian and Greek criminal justice systems, although the extent of the examining magistrate's role has generally diminished over time. Since the late 20th and early 21st centuries, several countries, including Switzerland, Germany, Portugal, and Italy, have abolished the position of examining magistrate outright. In some cases, they have created new positions that take on some of these responsibilities.

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Examining magistrate

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An examining magistrate is a judge in an inquisitorial system of law who carries out pre-trial investigations into allegations of crime and in some cases...

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Trial

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and the examining magistrate or judge will already have resolved that there is prima facie of guilt. Critics argue that the examining magistrate or judge...

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Magistrate

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respectively. In France and Italy, and several other European countries, examining magistrate judges have represented the victim and are part of overseeing investigations...

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Murder of Asunta Basterra

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investigate further because of the cremation of the bodies. The examining magistrate denied that any enquiries were being carried out into these two deaths...

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Judge

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inquisitorial systems of criminal investigation, a judge might also be an examining magistrate. The presiding judge ensures that all court proceedings are lawful...

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Zahia Affair

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brother-in-law. In August 2012, the players were referred by the examining magistrate to the Paris criminal court to be tried for solicitation of an underage...

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Arrest warrant

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An arrest warrant is a warrant issued by a judge or magistrate on behalf of the state which authorizes the arrest and detention of an individual or the...

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Romy Schneider

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Schneider was found dead in her Paris apartment on 29 May 1982. The examining magistrate Laurent Davenas [fr] declared that she had died from cardiac arrest...

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Monster of Florence

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amico ("a friendly citizen") in a letter to police. On 20 July 1982, examining magistrate Vincenzo Tricomi found five bullets and five shell casings inappropriately...

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Common law

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criminal proceedings proceed under an inquisitorial system in which an examining magistrate serves two roles by first developing the evidence and arguments for...

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Order of the Solar Temple

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Salvan in 1994, Tabachnik was the only defendant in the case. The examining magistrate considered that Tabachnik, through his writings and his conferences...

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The 400 Blows

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Marius Laurey [fr] as L'inspecteur Cabanel Claude Mansard [fr] as the examining magistrate Jacques Monod as commissioner Henri Virlojeux as the night watchman...

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Law enforcement in Spain

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closely, and in serious matters, usually under the guidance of an examining magistrate. Operational policy and major interventions are nationally coordinated...

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Xenophon Giosmas

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Member of Parliament Gregoris Lambrakis and was jailed by order of Examining magistrate Christos Sartzetakis, who later became President of Greece. He died...

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Wilaya of Relizane massacres of 30 December 1997

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December 1997, a judicial inquiry was opened and on 8 February 1998 the examining magistrate ordered that further investigations be carried out. The legal proceedings...

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Robert De Niro

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denied any involvement, and later filed a complaint against the examining magistrate for "violation of secrecy in an investigation". He stated he would...

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Jorge Anaya

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continue. In November 2006, while waiting to be interrogated by an examining magistrate, Anaya suffered a heart attack and was rushed to the naval hospital;...

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Vincenzo Cersosimo

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and the Italian Social Republic, he is best known for his role as examining magistrate in the Verona Trial and the Admirals' Trial of 1944. Born in Calabria...

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Vivre sa vie

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contemporary prostitution, Où en est la prostitution by Marcel Sacotte, an examining magistrate. Vivre sa vie was released shortly after Cahiers du cinéma (the film...

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