Fyra ihjälskjutna i brittisk bil vid fransk sjö (2012-09-05)

French justice is complicated, so I will try to explain how it works here in France.

A crime is investigated by a team. If the crime has been committed in a town (village etc.) of fewer than 20,000 souls, or out in the countryside, it is the Gendarmerie Nationale which will investigate. Otherwise it will be the Police Nationale. The Gendarmerie falls under the Ministry of Defence (Defense), whereas the National Police falls under the Ministry of Interior. Gendarmes, nicknamed the maréchaussée, therefore always investigate in uniform, live in barracks, and hold military ranks. Other than policing small communities and the country they also carry out criminal investigations although they have to do so under judiciary supervision; guard airports, ports; see to the security in France’s courts; guard visiting dignities and royalty, and our president. At the head of the Gendarmerie is a director-general who is appointed by the Council of Ministers: His rank is that of General – Général d’Armée.
As the Al-Hillis were murdered in a community of fewer than 20,000 souls – 150 people live there – the investigation was for the gendarmes.

The Gendarmerie hierarchy of this case looks like this:
#1 : Colonel Bertrand François head of the Upper Savoy gendarmerie – Haute Savoie. (Annecy falls in Upper Savoy.)
#2 : Lieutenant Colonel Benoît Vinnemann, head of the local Annecy gendarmerie.
Under them they have according to various reports anything from 25 to 150 gendarmes. I would say that 25 is a more realistic number.
However, François and Vinnemann will have to work under judiciary supervision …
Therefore, the two will report the findings of their investigators to an examining magistrate – juge d’instruction.
In this case there are two examining magistrates: Michel Mollin and Christine de Curraize.
The two were appointed by Prosecutor of Annecy, Eric Maillaud, and they will report the findings of François and Vinnemann to him.
Maillaud had, in fact, opened two judicial enquiries – informations judiciaries. One is for ‘assassination’ and the other for ‘attempted assassination’. To complicate matters further I will tell you that in France ‘assassination’ means ‘premeditated murder’ where as murder – meurtre – is the killing of someone without premeditation.

Prosecutor Eric Maillaud’s role is therefore to listen to what Mollin and de Curraize reports to him, which they, in turn, had learned (learnt) from François and Vinnemann. Once, Maillaud has gathered whatever information there is to gather he is to decide whether he has enough evidence to take the case to court, in other words to prosecute the killer/killers successfully.
Then, in court, a chief prosecution counsel – avocat general – assisted by a junior counsel will argue the state’s case. A judge who would be addressed as Mr. President – Monsieur le président – will preside over the court and two magistrates will assist him.
So, you will gather that Maillaud’s role at the moment is to listen and not to upset the apple cart by telling the world what he is being told by Mollin and de Curraize.