When, within a period of one year following presentation of the recommendation referred to in the first paragraph of article L. 335-7-1, the member of the Autorité de régulation de la communication audiovisuelle et numérique (Audiovisual and Digital Communications Regulatory Authority) designated pursuant to IV of article 4 of law no. 86-1067 of 30 September 1986 on freedom of communication is informed of new facts likely to constitute gross negligence as defined in article R. 335-5, he shall inform the subscriber, by letter delivered against signature, that these facts are liable to prosecution. This letter invites the subscriber to submit his observations within a period of fifteen days. It specifies that the subscriber may, within the same period, request a hearing pursuant to article L. 331-15 and that he or she has the right to be assisted by counsel. It also invites the person to specify his family responsibilities, his resources and, where applicable, the legal protection measures he is subject to.
When the member or the authorised and sworn agents mentioned in article L. 331-14 hear the person, either on their own initiative or at the person’s request, the letter of summons shall include the information mentioned in the penultimate paragraph of article 61-1 of the Code of Criminal Procedure if there are reasonable grounds to suspect that the person has committed or attempted to commit an offence. A copy of the record of the hearing is given to the person concerned.
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