Without prejudice to his right to apply to have the indictment quashed within six months of his first appearance, in accordance with articles 173,173-1 and 174-1, the accused may, during the investigation, in accordance with the procedures set out in the penultimate paragraph of Article 81, ask the investigating judge to reverse his decision and grant him assisted witness status if he considers that the conditions laid down in the first and third paragraphs of Article 80-1 are no longer met.
This request may be made at the end of a period of six months following the indictment and every six months thereafter.
This request may also be made within ten days of notification of an expert report or an examination during which the person is heard on the results of a letter rogatory or on the statements of the civil party, a witness, an assisted witness or another person under investigation.
The investigating judge rules on this request after seeking the prosecution’s submissions.
If the investigating judge grants the request, he or she informs the person that he or she has assisted witness status. If the person is detained, the judge orders his release ex officio.
If the examining magistrate considers that the person should remain under investigation, he will rule by means of a reasoned order setting out the serious or corroborating evidence justifying his decision.