When the investigating judge is seised of qualified acts constituting one of the offences mentioned in I of Article 41-1-2, it may, at the request or with the agreement of the Public Prosecutor, issue an order transferring the proceedings to the Public Prosecutor for the purposes of implementing the procedure provided for in the same article 41-1-2.
The request or agreement of the Public Prosecutor with a view to the implementation of the procedure provided for in the said Article 41-1-2 may be expressed or obtained during the information or on the occasion of the settlement procedure provided for in Article 175. The legal representatives of the accused legal entity are informed, as soon as the Public Prosecutor makes a proposal, that they may be assisted by a lawyer before agreeing to the agreement.
The investigation is suspended insofar as it concerns the legal entity that is the subject of the referral for implementation of the procedure provided for in Article 41-1-2. The measures ordered, where applicable, under judicial supervision are maintained with regard to this person until the agreement is validated.
The investigation continues with regard to the other parties to the proceedings.
If, within a period of three months from the transmission of the proceedings to the public prosecutor, no agreement on a proposed agreement has been reached, if the president of the judicial court refuses to validate the agreement, if the legal entity decides to exercise its right of withdrawal or if, within the period provided for in the agreement, the legal entity does not provide proof of full performance of the obligations incumbent upon it, the public prosecutor shall transmit the proceedings to the investigating judge, together with the requisitions for the purpose of resuming the investigation.