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LOUISIANA Volume XXIII

December, 1962

LAW REVIEW Number 1

ADMINISTRATION OF CRIMINAL JUSTICE

IN FRANCE:

AN INTRODUCTORY ANALYSIS

George W. Pugh*

A system for administering criminal justice is a detailed tap- estry woven of many varied threads. It is often difficult to understand the nature and significance of any particular fiber without at least a general appreciation of the function of other threads, and also a realization of the impact of the whole. This is certainly true of the French system. An attempt at a comparative study of another procedural system is fraught with difficulty, for one becomes so accustomed to his own procedural patterns that he is tempted to make un- warranted translations in terms of his own institutional frame of reference. Comparative evaluation of a procedural device, on the other hand, is even more difficult, for it involves at least two aspects: whether the device functions satisfactorily in its own institutional setting, and whether utilization of the mechanism in the context of another given system would be feasible or desirable. Since the inception of the Fifth Republic, there have been a number of changes in the French legal system,' including the *Professor of Law, Louisiana State University. This article was prepared by the author for The Comparative Study of the Administration of Justice, estab- lished under the terms of a grant from the Ford Foundation to Loyola University School of Law (Chicago), and is published here with the consent of the Study. All rights are reserved by the Study. Much of the research for the article was completed during the author's stay in France. For very valuable research aid in the preparation of this manuscript, the writer is indebted to Mr. Philippe Salvage, senior law student, University of Grenoble, France.

1. For discussion of changes made by the DeGaulle reforms, see: Anton,

L'Instruction Criminelle, 9 AM. J. Comp. L. 441, 443 (1960); Herzog, Proof of Facts in French Civil Procedure: The Reforms of 1958 and 1960, 10 AM. J. Comp,. L. 169 (1961) ; Patey, Recent Reforms in French Criminal Law and Procedure, 9 INT. & CoMP. L.Q. 383 (1960) ; CODE DE PROChDURE CvnLE, Table [1]

LOUISIANA LAW REVIEW[Vol. XXIII

adoption of a new Code of Criminal Procedure. 2

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