Friday, January 19, 2018

Judiciary. Primitive justice and corruption in Europe.


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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