Provided for in article 64 of the constitution, the independence of judges is the guarantee of a fair trial, which requires them to apply the law without giving in to the risk of pleasing or displeasing (media, parties, judicial hierarchy, etc.).

To avoid any pressure, the magistrates of the seat are irremovable. We cannot change their position, nor remove an ongoing file from them without their consent. However, geographic mobility is recommended when a magistrate becomes too close to the personalities of his jurisdiction (mayors, prefect, president of associations linked to the legal world, journalists, etc.).

Although subject to their hierarchy, prosecutors have freedom of speech in court (Articles 5 of the 1958 ordinance and 33 of the code of criminal procedure). If instructions to prosecute were imposed on them by the Keeper of the Seals or the Attorney General, they may request that these instructions be written down and placed in the file.

No prejudices, cultural, social or religious should appear or guide the magistrates in the interpretation of the legal rules.

Magistrates can join a political party, a trade union, an association ... But they refrain from submitting to obligations likely to restrict their independence.


This principle is laid down in article 6-1 of the convention for the protection of human rights and fundamental freedoms, its corollary is respect for the principle of adversarial proceedings.

Magistrates must take into account the opinions of all parties without any bias, which requires them not to let their convictions show through until the delivery of the decision and to address all parties with the same regard.

If a fact likely to undermine the impartiality of a magistrate ruling in collegiate (if he knows the litigant, or if he had difficulties with the defendant in another hearing ...), he must inform the others. magistrates and deport themselves, without waiting for the parties to challenge him.


The magistrates adopt a personal and professional behavior making them worthy of carrying out their missions. They take care to give a good image of justice by observing a general duty of reserve, vigilance and discretion.

Held at a duty of probity, they must behave in society and in their personal life with honor, delicacy while being prudent in the choice of their relationships.

Le duty of loyalty requires them to apply the guiding principles of trials and the rights of the defense loyally, without distorting the texts. The magistrates of the seat take care not to use abusive procedures tending to lengthen the procedures, and the magistrates of the public prosecutor's office inform their hierarchical superiors of the opening and the evolution of the investigations.

They must reject informal information and scrutinize the evidence rigorously.

They grant everyone equal treatment and refrain from any connivance with the parties, lawyers, experts, etc. Just as they must avoid any conflict of interest by entrusting expert missions to people who are close or too regularly appointed. .

Attention to others

Magistrates must show delicacy, listening and respect towards the litigant, the victims, the court officials (lawyers, etc.).

  • Respect for the dignity of people

They refrain, orally or in writing, from vexatious, condescending, inappropriate or contemptuous remarks. The magistrates direct the debates and police the hearing. All parties must take turns speaking. It is their responsibility to ensure that the elementary rules of politeness are respected between the parties and the public present at the hearing, which cannot degenerate into a spectacle. If discriminatory comments are made at the hearing, they should ensure that they are recorded in the hearing notes.

  • Respect for the other

This entails the obligation to render decisions on time, to respect hearing schedules, and to honor all appointments. In collegial hearing, each magistrate has one vote and complies with the majority. The secrecy of the deliberation renders the decision anonymous and prevents any individual prosecution.

  • Listening to the other

It involves the ability to question yourself and accept being criticized. The magistrate must express himself intelligibly to all his interlocutors, whatever their culture or social level. He has a general duty of explanation which he exercises with tact and humility. To this end, he adopts a listening position without showing signs of impatience. He should remain neutral and not show signs of sympathy or dislike.

Discretion and reserve

Magistrates must preserve the image of justice by watching over their individual behavior and in their public expression. Article 10 paragraph 2 of the 1958 ordinance prohibits any magistrate from showing hostility towards the government. But they can express themselves freely within the union framework.

Magistrates cannot comment on their own decisions. They do not communicate directly on a case for which they are responsible and do not criticize the decisions made by their colleagues.

They do not divulge any information even in an anecdotal manner, do not seek to attract interest in their persons and respect the confidentiality of debates and proceedings.

The prosecuting magistrate empowered for this purpose can make public the elements of an ongoing investigation (Article 11 of the Code of Criminal Procedure).

If a magistrate is unfairly questioned, his hierarchy can intervene by using institutional communication tools.


The magistrate's mission is to apply the law on behalf of the French people. The law is binding on magistrates (rules of law applicable in France and international standards) and it is up to them to state the law. They can neither take the place of the legislator, nor refuse to apply the law.

The magistrate is the guardian of individual freedoms (article 66 of the Constitution). This requires a duty of control and vigilance in the field of police custody, detention and compulsory hospitalization.

Judges must keep their knowledge of the law up to date. The heads of court ensure the dissemination of new legislation, developments in case law, etc.

Magistrates are bound by an obligation of diligence and must deal without delay with the cases referred to them (examination and drafting of decisions)

To find out more, you can consult the website of the Superior Council of Magistrates, which publishes a collection of ethical rules for judges.

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  1. I am the victim of two magistrates
    What to do with supporting evidence

    Merci de m'aider
    Tel 0621080986

    1. at first glance there is no answer on this site as if we and not human beings
      there is more justice in france the rapes on women we explode every year there are 220.000 women raped killed per year and the children it is worse they are 400.000 thousand victims per year or and justice nullpar

  2. on this site at first sight people will have to respond to his problem by whether there is more justice in France the rapes and the murders of women are hidden by the police and the prosecutors of the republic it is not that he is not form is that they no longer want to do their job by which they must do justice. they want the victims to become violent all the time you see a false rape hit the rapist a person is killed you had to say nothing if not it Are you the one accused on everything in Nanterre who protects rapists who have been in their files for more than 13 years. he pushes for violence by refusing to answer any complaints or he deforms it so that it becomes against X even if you give the name of the rapist like himself from thyrrie cornille who did 10 years in prison for raping his daughter, handicapped cote de l'annion 22 child rapist life from his release from prison at 50 m2 of a kindergarten and primary school. in 2010 the prosecutor of nanterre found three complaints against set people for the rape of dylan age of 5 years and ryan, 4 years old, his answer was clear, I didn't answer anything and refused to pity them, but toss them in the trash as it was no justice. of a pedophile for her there are no dangers just like the gangsters said to loudeac. it is okay to say that child rape in France is normal for people who judge it by whether it is not their children who suffer this day I have understood one thing the next time I see a pedophile touches a children for the children I do him justice since the judges are not able to do their job

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