Excerpt from Comparative Criminal Jurisprudence,: Criminal Procedure, the Indian Code of Criminal Procedure, Ct Procedure, Vol. 2: The Indian Code of Criminal Procedure, Act of 1882, as Amended by Acts III of 1884, X of 1886, and V of 1887. With Annotations From the Laws of Other Countries
A divergence of origin has produced marked differences of system. Some of the characteristics Of the French system of procedure are the following - There is no grand jury, but in its place an examining Magistrate, clothed with extraordinary and despotic powers the preliminary examination is secret, and no counsel for the defendant admitted at it there is, as in most European States, at each Court of Justice an officer, specially appointed by Government for the prosecution of offences which have generally a public character, and the prosecution of which does not depend on the will of the injured party. The jury are not competent to decide in cases of delict (misdemeanour). There is no law of evidence, the decision being given according to moral conviction, as in those States in which the Prussian code of pro cedute is adopted. The decision of the jury is by a majority of voices; they do not give a verdict of guilty or not guilty, but.
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