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Updated: July 5, 2025
Many Juges d'instruction, feeling themselves independent, and knowing that they would not be prosecuted except for some flagrantly illegal act, gave way to indolence, and spent their time in inactivity.* In such cases it was always difficult, and sometimes impossible, to procure a condemnation for indolence must assume gigantic proportions in order to become a crime and the minister had to adopt the practice of appointing, without Imperial confirmation, temporary Juges d'instruction whom he could remove at pleasure.
It established a Chamber of Peers nominated by Napoleon, with hereditary rights, and a Chamber of Representatives elected on the plan devised in August, 1802. The Emperor was to nominate all the judges, including the juges de paix; the jury system was maintained, and liberty of the Press was granted. The Chambers also gained somewhat wider control over the Ministers.
"In this department there are forty-seven juges de paix, twenty of whom, as I learn from an enquiry, were mayors at the time of their appointment.
But the present functions of our officials corresponded to those of the French juges d'instruction; and, having to elicit the truth from a low class of Orientals, they dealt with them after the fashion which alone they would recognize as serious.
Briit c. 15, 'De robbours et de larouns et de semblables mesfesours, soitaussi ententivernent enquis et tauntost soient ceux robbours juges a la morl. Fleta says, 'Si quis conviclus fuerit de bonis viri robbatis vel asportatis ad sectam regis judicium capitale subibit. L. 1. c. 39. See also Bract. L. 3. c. 32 § I.
In 1838 Berlioz completed his "Benvenuto Cellini," his only attempt at opera since "Les Francs Juges," and, wonderful to say, managed to get it done at the opera, though the director, Duponchel, laughed at him as a lunatic, and the whole company already regarded the work as damned in advance.
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