Presentation of the IMF Managing Director Dominique Strauss-Kahn in front of a New York judge to decide whether he will be sent to jail is only the first stage of the proceedings that could cost him 20 years in prison, inform AFP.
Contrary to the French judicial system in which a judge is investigating the suspect, then decide whether or not to send him to court, after a lengthy investigation, the American justice system is based on another system. In other words, the prosecutor gathers evidence to prove the guilt of the accused. Defense has the burden to prove his client’s innocence.
Although the IMF statutes expressly provide immunity for employees, some experts have reviewed this sensitive case on Sunday, then a judge has to decide.
Arrested Saturday, Dominique Strauss-Kahn was questioned by a police special unit for sexual crimes (Special Victims Unit) who presented him with the charges. In this stage, he is considered ‘accused’ or ‘defendant’.
He will be presented on Sunday to a judge who will decide whether he will placed on remand or more likely he will released for a high bond. During this hearing, the judge will also decide whether to convene or not a ‘grand jury’ composed of 16 to 23 people. This ‘grand jury’, which may gather in the coming days, will listen to the position of prosecutor and defense then decide whether or not a formal indictment.
Lawyers for the IMF Managing Director announced that he will plead not guilty. If he would have decided to plead guilty, the case would not been brought to court, but an agreement between prosecution and defense would take place for a lesser punishment.
Only 10% of sexual offenses in New York go to court, according to the New York Bar Association. Once the lawsuit is started, the prosecutor and defense will face each other in front of 12 jurors and judge. The accused and witnesses will be questioned by both sides. After the plea, the jury unanimously deliberate on guilt or innocence of the accused, then the judge sets appropriate punishment.