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Investigating judge

From France and civil law

Procedure and evidenceCriminal law

What it means

A judge whose job is to investigate a serious crime, gathering evidence for and against the suspect. The judge does not try the case: another court does that.

Why it travels badly

In common-law systems, the police and prosecutors investigate, and judges only decide. A judge who investigates does not fit the adversarial model. And in civil law itself, the role has been cut back or abolished in several countries.

How other systems say it

France

juge d'instruction

Investigates the most serious crimes, with powers to question witnesses and order searches. It does not decide guilt.

Spain

juez de instrucción

A judge who investigates, for most crimes. Spain has long debated moving the investigation to prosecutors.

Germany

Staatsanwaltschaft with an Ermittlungsrichter

The investigating magistrate was abolished in 1975. The prosecutor investigates, and a judge only authorises intrusive steps, such as a search or an arrest.

England and Wales

police and the Crown Prosecution Service

The police investigate, the prosecutor decides on the charge, and a judge or jury decides the case.

Tip for translators and students

Do not translate as 'examining magistrate' without an explanation: English readers hear 'magistrate' as a lay judge.

Related: Prosecutor, Magistrate, Jury and lay judges

Updated October 2026. Spotted a mistake? Tell us.

TheLawToKnow Tools’s glossary is an educational overview of the main differences between legal systems. It is not legal advice.