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Paris Counsel David Père co-authored an article published June 9 by Le Monde alongside Hélène Christodoulou, doctor of private law, regarding the rights of the defense in the light of the creation of the European Public Prosecutor’s Office, set for the end of 2020. Père and Christodoulou see in the creation of this office the opportunity to better protect the rights of litigants provided that the national legislator refers the case to the European Public Prosecutor. The fundamental rights of litigants in cases handled by the public prosecutor’s office remain dependent on the national legislations concerned. In France, this is a thorny issue. “The Deputy European Public Prosecutor will be able to order inquiries falling either within the traditional jurisdiction of the public prosecutor’s office or that of an investigating judge, the latter alternative constituting a real revolution” the authors explained. Depending on the choice made by the European body between these two procedural bodies, the rights of defendants and victims will be very different. “Many of the rights of the defense are disregarded during the public prosecutor’s inquiry. On the contrary, they are rigorously respected during the investigating judge stage,” they said.

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