In criminal matters, when the public prosecutor is considering prosecuting a person pursuant to articles 394,395 and 397-1-1, the public prosecutor shall order that the person be brought before him.
After informing the person, if necessary, of their right to be assisted by an interpreter, establishing their identity and informing them of the charges against them and their legal classification, the public prosecutor informs them that they have the right to the assistance of a lawyer of their choice or appointed by the court. The chosen lawyer or, in the case of a request for a court-appointed lawyer, the President of the Bar Association is notified without delay.
The lawyer, or the defendant if not assisted by a lawyer, may consult the case file immediately. The lawyer may communicate freely with the accused.
The public prosecutor then advises the person of their right to make statements, answer questions or remain silent. After taking the person’s comments or questioning, where appropriate, the public prosecutor hears the lawyer’s comments, in particular on the legality of the proceedings, the classification adopted, the possible inadequacy of the investigation, the need to carry out new acts that he or she considers necessary to establish the truth and the procedures for initiating any prosecution or the possible use of the procedure for appearing on prior recognition of guilt. In the light of these observations, the public prosecutor either proceeds as described in the articles 394 to 396 and article 397-1-1, or requires an investigation to be opened, or orders the investigation to continue, or takes any other decision on the public prosecution pursuant to l’article 40-1. If he orders the investigation to continue and the person is heard again, he has the right to be assisted, during his hearing, by his lawyer, pursuant to Article 63-4-3.
If the Public Prosecutor proceeds as described in articles 394 to 397-1-1, he may decide to set down for the same hearing, so that they can be added to the proceedings or examined together, previous proceedings against the person for other offences, as a result of a summons to appear by means of a procès-verbal, a summons to appear by means of a judicial police officer, a summons to appear on the basis of a prior acknowledgement of guilt, a summons to appear, a criminal order or a committal order issued by the examining magistrate. Except in the case of an immediate appearance, this decision must be made at least ten days before the date of the hearing. The accused and his lawyer are informed without delay.
Note of these formalities shall be made in the minutes, failing which the proceedings shall be null and void.