On pain of nullity, the examining magistrate may only indict persons against whom there is serious or corroborating evidence making it likely that they may have participated, as perpetrator or accomplice, in the commission of the offences referred to him.
The judge may only proceed with the investigation after having first heard the person’s observations or after having given the person the opportunity to make them, assisted by their lawyer, either under the conditions provided for by Article 116 relating to the examination on first appearance, or as an assisted witness in accordance with the provisions of articles 113-1 to 113-8.
The examining magistrate may only proceed with the examination of the person if he considers that he cannot use the assisted witness procedure.