During the first appearance of the person under investigation or the first hearing of the civil party or the assisted witness and at any time during the proceedings, the examining magistrate may ask the party, in the presence of his lawyer or the latter duly summoned and after having brought to his attention the article 161-1, if they declare that they waive the benefit of this article.
The person may declare that he or she will waive the benefit of Article 161-1 only for certain categories of expert reports that he or she specifies.