ABSTRACT

On some crucial points, the proposals of the Department of Justice involve different choices and encompass departures from the recommendations of the PEC. This chapter examines those differences, asking what they mean for the structure and functioning of criminal procedure as it is laid down in the 1926 Code of Criminal Procedure. It discusses the case law in the courts, which is playing a major role in the debates about legislation. The chapter aims to provide the special police methods of investigation, which is at the core of what the PEC called the threefold crisis of justice: a normative crisis, an organizational crisis and a crisis of legitimacy. It presents in broad lines an evaluation of the general approach of the Bill. In June 1997, a Bill was sent to Parliament containing new regulations governing methods of investigations, which are to be laid down in the Code of Criminal Procedure.