Office of the District Examining Magistrates

District Examining Magistrate

investigation by the public prosecutor | investigation | criminal investigation

possibility of relying on privilege in respect of criminal investigations

criminal judge

judge [ children's magistrate | examining magistrate | the bench ]

committing magistrate [ examining magistrate | examining judge ]

Deputy Judge Advocate General - Operations, Training, Policy and Planning [ DJAG OTPP ]

To strengthen the existing framework on information exchange in combating terrorism, as set out in Decision 2005/671/JHA, Member States should ensure that relevant information gathered by their competent authorities in the framework of criminal proceedings, for example, law enforcement authorities, prosecutors or investigative judges, is made accessible to the respective competent authorities of another Member State to which they consider this information could be relevant.

We are pleased to welcome Xavier Bebin, a jurist and criminologist and general representative of the Institut pour la Justice; Marie-Alix Maisonable, institutional relations representative for the Institut de la Justice; Jean Pradel, professor emeritus of criminal law at the Université de Poitiers, Institut pour la Justice special advisor, former committing magistrate and scientific director of the Revue pénitentiaire et de droit pénal; and Alexandre Baratta, psychiatrist, Institut pour la Justice special advisor and expert at the ...[+++]Cour d'appel de Metz.

Articles 2, 3 and 8(4) of Council Framework Decision 2001/220/JHA of 15 March 2001 on the standing of victims in criminal proceedings must be interpreted as not precluding provisions of national law, such as Articles 392(1a), 398(5a) and 394 of the Italian Code of Criminal Procedure, which, first, do not impose on the Public Prosecutor any obligation to apply to the competent court so that a victim who is particularly vulnerable may be heard and give evidence under the arrangements of the incidente probatorio during the investigation phase of criminal proceedings and, second, do not give to that victim the right to bring an appeal before ...[+++] a court against that decision of the Public Prosecutor rejecting his or her request to be heard and to give evidence under those arrangements.

Welcomes new radio and TV laws which provide for several positive developments such as an increase in the percentage that foreign entities may lawfully own in Turkish media companies (50 %, up from 25 %), but expresses concern at the fact that broadcasting may be stopped on grounds of national security without a court order or a ruling by a judge; notes with concern the practice of bringing criminal prosecutions – especially under Article 285 of the Penal Code on ‘breaching the confidentiality of a criminal investigation’ and Article 288 on ‘attempting to influence the judiciary’ – against journalists who communicate evidence of human r ...[+++]ights violations or raise other issues in the public interest; considers the criminalisation of opinions as a key obstacle to the protection of human rights in Turkey and deplores disproportionate restriction of the freedoms of expression, association and assembly; urges Turkey to comply rigorously with its international human rights obligations in this respect by amending its relevant legislation and by training its police and judiciary;