The examining magistrate orders the complaint to be forwarded to the public prosecutor so that the latter can make his recommendations. The public prosecutor may ask the examining magistrate for a further three months to allow the investigations to continue before making known his or her recommendations. The investigating judge’s decision constitutes a measure of judicial administration that cannot be appealed.
The indictment may be made against a named or unnamed person.
Where the complaint is not sufficiently substantiated or justified, the public prosecutor may, before making his or her submissions and if this has not been done ex officio by the investigating judge, ask this magistrate to hear the civil party and, where appropriate, to invite the latter to produce any useful document in support of his or her complaint.
The public prosecutor may only ask the investigating judge not to investigate if, for reasons affecting the public prosecution itself, the facts cannot legally be prosecuted or if, assuming that the facts have been proven, they cannot be classified as criminal offences. The public prosecutor may also dismiss the case if it is clearly established, in the light of any investigations that may have been carried out following the lodging of the complaint or pursuant to the third paragraph, that the acts reported by the civil party were not committed. When the investigations carried out in the course of the enquiry following the complaint lodged in accordance with the second paragraph of article 85 have made it possible to establish that an adult person implicated for the offences alleged by the victim could be prosecuted but that the public prosecutor has not initiated the public prosecution, the latter may also request the investigating judge to issue an order refusing to inform, while inviting the civil party to initiate proceedings by way of a direct summons. In the event that the examining magistrate disregards this request, he or she must rule in a reasoned order.
When the examining magistrate issues an order refusing to inform, he may apply the provisions of articles 177-2and 177-3.