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—3— Other countries have different traditions. The civil law countries of Europe follow the “inquisitorial” prac- tice—that is, the entire legal machinery revolves around an effort to develop all the facts of the case, with con- siderable emphasis upon interrogation and formal ques- tioning of the prime suspect, France provides an illustration of the inquisitorial system. In France, most investigations of crime are con- ducted by a judge d’instruction—a magistrate. He may require the assistance of the police, but they function at this stage under his direction. Interrogation of witnesses inay be done by the police or by the magistrate himself. The purpose of this investigation is two-fold: (1) to determine whether there is any basis for further deten- tion of the accused; and (2) to gather the fullest possible information regarding the crime. At the formal inquiry before the magistrate, the aecused must be advised of his tights. He may have counsel. He may refuse to answer questions, although in practice few suspects do, for the refusal to cooperate is regarded with suspicion.*?. The inagistrate holds his hearing, examines witnesses, and, usually, obtains a statement from the accused. He pre- pares a full report of the investigation and determines whether there is to be a-trial. The inquisitorial aspect of French criminal proeedure carries over into the trial, which begins with the presid- ing judge's interrogation of the accused. The defend- ant is never placed under oath, thus avoiding putting him to the dilemma of a choice between perjury and self- inerinination.' ’ *Pieck, The Aceusedt’: Privilege Against SelfInerimination in the Ciwil Law, 1) American Journal of Comp. L. 555, 598 (1962). fd. at 586. On the Freneh procedure generally, see Devin, English & French Legal Mothads: Crime, 4 Int. & Comp. L. Q. 376 (1955); Patev, Reeent Reforms in Freneh Criminal Law & Procedure, & Int. & Comp. L. Q. 383 (1960); Kock, Criminal Pro- ecedings in Franee, 9 American Journal of Comp. Law 253 (1900)- Freed, Aspects of Freneh Criminal Procedure, 17 La. L. Rev. 720+ (1057),