Polar and justice: Witnesses – RTS.CH

Everyone can one day witness in a criminal case. Moreover, A crucial role since it is a question of bringing to the judge a part of the truth. For example, with the risk also of distorting it.

In his black novel, Georges Simenon questions the notion of objectivity at the time of a trial. Moreover, An objectivity supposed to be guaranteed by the presence of witnesses and. However, in this history, of a popular jury, whose deliberations are led by a judge. Meanwhile, But this goal comes up against the limits of polar justice: witnesses – rts.ch human nature, victim of its own perceptions.

We can understand. judge on condition that we know the distance that is necessary between ourselves and your emotions, and between oneself and the feeling of the audience

“In reality, for Simenon, the man is so complex and so unknown first of all of himself that he can only be an unknown to the Centuple for others and in the eyes of others,” explains Alexandra Fabbri, philosopher and magistrate in the court of Saint Lys, in France, specialist of the author.

What faculties to judge? – Polar justice: witnesses – rts.ch

Witnesses can be influenced by their a priori and their personal life. The judge must also be aware of it, just as he must be attentive to his own biases.

In the book “Les witnesses”. the magistrate Xavier Lhomond, who presides over polar justice: witnesses – rts.ch a trial for murder, realizes that following a competition of circumstances, appearances could just as much accuse him of having committed a murder. His certainties come out weakened. Judging seems impossible to him, especially since the accused risks guillotine.

We have the image that a criminal procedure aims to allow the manifestation of the truth. While in reality, […] The truth does not exist. it must be said

According to Georges Simenon, understanding the individual who is accused excludes the possibility of judging him. This is not the opinion of the magistrate Alexandra Fabbri: “We can understand. judge on condition of knowing how to put the distance that is necessary between oneself and his emotions, and between oneself and the feeling of the hearing, since the accused or his lawyer are not necessarily always very sympathetic. It polar justice: witnesses – rts.ch is the ability to judge by taking into account these two dimensions that characterizes a good judge.”

Procedures to guarantee the truth

The book “The witnesses” today retains all its news. according to the lawyer specializing in criminal law Loïc Parein, who intends to use this work in a course at the University of Lausanne. “We have the image that a criminal procedure aims to allow the manifestation of the truth. It is as if the truth existed somewhere and that the magistrates must make it appear. While in reality, intellectual exercise is an exercise of reconstruction. Truth does not exist, it must be said,” he underlines.

And to ensure that witnesses make it a restitution as faithful as possible, the courts respect certain procedures. For example, the recall at the start of testimony, of the obligation to tell the truth.

“We come to remind the witness that what he will say is important. polar justice: witnesses – rts.ch that he must be certain of his statements,” says Loïc Parein. In order to rule out any risk of influence. witnesses expect outside the courtroom to be heard, without knowing what was said before. One way to prevent them from adapting their declarations according to the evolution of the trial.

^{The fourth part of this series in five episodes. “Polars, justice under investigation”, sheds light on our fascination for criminal stories. Behind fiction hide major societal issues: our relationship to truth and justice.
To discover on all RTS listening platforms.}

Podcast: Esther Coquoz