If, during the course of the investigation, it transpires that the acts of which the person under investigation is accused under a correctional charge actually constitute a crime, the examining magistrate shall notify the person, after informing him or her of his or her intention and taking any observations from him or her and his or her lawyer, that a criminal charge is to be substituted for the charge initially brought. In the absence of this notification, the provisions of Article 181 may not be applied.
If the person was remanded in custody, the committal order initially issued remains valid and is considered to be a criminal committal order. The pre-trial detention is then subject to the rules applicable in criminal cases, with the time limits for extending the measure calculated from the date of issue of the warrant.
During the notification provided for in the first paragraph, the investigating judge may inform the person of a new foreseeable time limit for completion of the investigation, in accordance with the provisions of the ninth paragraph of Article 116.
If the investigation has been opened in a court that does not have an investigating division and where this is justified by the seriousness or complexity of the case, the investigating judge, as soon as he has carried out the formalities provided for by this article, may relinquish jurisdiction, of his own motion or at the request of the public prosecutor, in favour of a judge from the competent investigating division, designated by the president of the judicial court in which this division is located.
.