general and two attorneys-general represent When a crime is committed and the per the State in this court. Except on the trial petrator is not immediately apprehended, the of a cabinet minister the Conr de Cassation wheels of justice are set in motion either at only reviews the record and does not enter the instance of the procureur du rot, or on into the details of cases. Judgments and complaint lodged before the judge of in decrees of the lower courts can, therefore, struction by an injured party, who constitutes only be brought before it on appeal for errors. himself the " civil party," i. e., private prose IV. Criminal Procedure. — The leading cutor. Very often the prosecuting officers figure in the criminal proceedings prior to receive their first information of the crime trial is the juge d' instruction (judge of in and its author from an anonymous commu struction). One or more of these function nication termed a " denunciation." aries are chosen by the king from among The first duty of the judge of instruction the judges of each Tribunal of Primary In is to cite before him those who are likely to stance and are attached to that court. Their throw any light upon the circumstances of the duties are to investigate and establish the crime, and to examine these witnesses sepa perpetration of crimes brought to their no rately and out of the presence of the accused. tice, to collect evidence against suspected In grave cases, for example a mysterious persons, and to issue warrants for their ar murder, the parquet, consisting of the judge, rest and imprisonment awaiting trial. procureur, and an associate, makes a " de In all the judicial machinery of Belgium scent" on the scene and holds an inquest there is nothing, with the possible exception in the nature of that of a coroner. If caught, of the gendarmes (judicial police), that so the prisoner is generally committed to prison terrifies malefactors as the judge of instruc without bail. However, under certain cir tion, before whom they must appear imme cumstances bail is allowed for lighter offenses diately after arrest and be subjected to long by a council of judges, to whom the judge and harrowing examinations and cross-ex of instruction must make a report of his acts aminations, which sometimes extend through at least once a week. After his work is several days, until they are either entrapped completed the Chamber of Accusations, by skillfully elicited contradictions or finally above described, passes upon the case. end the ordeal by confessing. At the trial the prisoner is allowed counsel, The propriety of extorting a judicial con and if he has none the court must assign him fession by such inquisitorial methods may an attorney under pain of nullity of the pro very well be questioned. I have heard well ceedings. A witness cannot be interrupted informed persons assert that under the Con while giving his testimony, but after he has tinental system a prisoner is presumed guilty finished the accused or his counsel may until he proves himself innocent. This would, question him through the intermedium of indeed, be a very grave weakness if it were the president, attacking the witness as well true; but I have found nothing to support as his testimony. The private prosecutor is it except the bullying methods of the judge also confined to the same medium in ques of instruction. On the contrary, the Belgian tioning the prisoner. The president may constitution and national codes, founded on require the witnesses and the prisoner to the wisdom of centuries and deeply imbued give any explanations likely to make their with a spirit of equity and justice, are quite testimony clearer, and with this end in view inconsistent with any such theory. In fact, the other judges, the procureur and jurymen prisoners awaiting trial are detained in special are allowed to suggest interrogatories to the jails and treated with more consideration than president. after conviction. After the evidence on both sides is closed,
