During the investigation, the examining magistrate is competent to decide on the return of items placed in the hands of justice.
He shall rule, by reasoned order, either on the application of the public prosecutor or, after receiving the latter’s opinion, ex officio or at the request of the person under investigation, the civil party or any other person claiming to have a right to the item. Where the request is made in accordance with the penultimate paragraph of article 81, if the investigating judge fails to rule within one month, the person may refer the matter directly to the president of the investigating chamber, who shall rule in accordance with the last three paragraphs of Article 186-1.
He may also, with the agreement of the public prosecutor, decide ex officio to return or have returned to the victim of the offence items placed in the hands of the court whose ownership is not disputed.
Restitution may be refused if it would impede the ascertainment of the truth or the safeguarding of the rights of the parties, if the property seized is the instrument or direct or indirect product of the offence or if it presents a danger to persons or property. It may be refused where confiscation of the object is provided for by law.
The investigating judge’s order referred to in the second paragraph of this article is notified either to the applicant if the request is refused, or to the public prosecutor and any other interested party if a decision is made to return the item. It may be referred to the President of the Examining Magistrate’s Court or to the Examining Magistrate’s Court, by simple request lodged at the court registry, within the time limit and in accordance with the procedures laid down in the fourth paragraph of Article 186. This time limit has suspensive effect.
The third party may, in the same way as the parties, be heard by the president of the investigating chamber or the investigating chamber in his observations, but he may not claim to have access to the proceedings.