In
Belgium, but also in some of the surrounding countries, there are two colleges,
on the one hand the public prosecutor and on the other hand the magistrates'
panel.
Oops,
where is the college of counselors then?
Indeed
there are only two colleges, as counselors and magistrates belong to the same
college, and counsel of today possibly tomorrow, is a magistrate.
Now
assume that Jan Jansens is a council man, but is promoted to magistrate.
Jan
Jansens has led a law firm for many years together with Piet Peeters and Karel
Koopmans, and now comes as a magistrate for the fact that one of his bosom
friends of yore misuses a position as counselor and denies their deontological
intentions, but lies about an innocent person to appear to be guilty one and
let the guilty go free.
As a
Magistrate, Jan is between hammer and anvil, namely his friendship and the
right.
Just
like the cat and the milk, one can’t expect that the cat don’t steal the milk
in its range will remain.
There
are many countries where there are three colleges through which magistrates,
who are selected from the people, are not affiliated with the college of
prosecutors or with the college of lawyers.
A
non-lawyer offers the advantage of being entitled to justice within the legal
framework that the public prosecutor indicates, while the judgment is not
passed to the letter of the law, but to logic and circumstances.
Ultimately,
this latter system offers a higher degree of reliability to facts and
circumstances.
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