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Article D43-4 of the French Code of Criminal Procedure

On pain of inadmissibility, the request by the person under investigation for the whole of the proceedings to be examined by the investigating chamber pursuant to the provisions of Article 221-3 shall be the subject of a reasoned request to the President of this Chamber, which shall be forwarded to the latter via the Examining Magistrate in accordance with the provisions of this Article. This request shall specify whether the…

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Article D43-5 of the French Code of Criminal Procedure

In accordance with articles 41-4,41-6,99,706-153 et 778, the president of the investigating chamber has sole jurisdiction to rule on applications or appeals or disputes relating to: -to the restitution of objects placed under court supervision; -to the seizure of intangible property or rights; -to applications for the rectification of civil status. The author of the application or appeal may, however, specify in his application or appeal that he is referring…

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Article D43-6 of the French Code of Criminal Procedure

Where, pursuant to articles 41-4,41-6,99,706-153 and 778 or any other legislative provision, the president of the investigating chamber is competent to rule alone on an application, appeal or dispute, he shall rule within a reasonable time and in compliance with the adversarial process, after having received the written observations of the public prosecutor and the parties. Unless the law provides otherwise, the decision of the president of the investigating chamber…

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Article D44 of the French Code of Criminal Procedure

An individual file concerning the activity, as a judicial police officer and for the entire jurisdiction, of each of the civil servants and military personnel authorised to exercise the attributions attached to the status of judicial police officer is kept permanently at the public prosecutor’s office of each court of appeal where appropriate in a dematerialised manner. This file includes in particular: 1° The request(s) for authorisation, as well as…

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Article D44-1 of the French Code of Criminal Procedure

In the event of a change of assignment of a judicial police officer within the jurisdiction of another court of appeal, including in the event of temporary secondment pursuant to the second paragraph of Article 18, the authorities mentioned in a to c of Article R. 14 or the head of the department to which the judicial police officer reports inform the public prosecutor of the previous place of employment…

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Article D44-2 of the French Code of Criminal Procedure

The public prosecutor, after gathering the observations of the investigating judge(s) and, where applicable, the juvenile court judge(s), as well as those of the president(s) of the criminal division(s), draws up, every two years, a performance appraisal proposal for the criminal investigation police officers assigned to a department or unit based within the jurisdiction of the court, which he forwards to the public prosecutor at the court of appeal. The…

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Article D44-3 of the French Code of Criminal Procedure

Reporting proposals and ratings provided for in article D. 44-2 are drawn up on a form conforming to the model laid down by the Minister of Justice. They must include a detailed general assessment, as well as a numerical mark from 0 to 10 and an assessment of each of the following elements when they have been observed: 1. Professional relations with the judicial authority; 2. Quality of coordination of…

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Article D44-4 of the French Code of Criminal Procedure

The rating established by the public prosecutor is brought directly to the attention of the judicial police officer, who may submit comments in writing within a period of fifteen days, at the end of which time the final rating is communicated to the administrative or military authority responsible for establishing the proposals for promotion of the person concerned.

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Article D44-5 of the French Code of Criminal Procedure

In the event of the temporary unavailability of the magistrate whose duties are defined in articles 230-9,230-14 and 230-24, these are exercised by the senior prosecuting magistrate who is a member of the committee provided for in articles R. 40-32, R. 40-37 and R. 40-41.

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