Book I: Criminal policy, prosecution and investigation

The judicial police officers and, under their supervision, the judicial police officers designated in Article 20 carry out preliminary investigations either on the instructions of the public prosecutor or of their own motion. These operations fall under the supervision of the Public Prosecutor.

When instructing criminal investigation officers to carry out a preliminary investigation, the public prosecutor sets the time limit within which this investigation must be carried out. He may extend it in the light of the justifications provided by the investigators. When the investigation is conducted ex officio, the judicial police officers report to the public prosecutor on its progress when it has been in progress for more than six months.

The judicial police officer conducting a preliminary investigation into a crime or misdemeanour notifies the public prosecutor as soon as a person against whom there is evidence giving rise to a presumption that he has committed or attempted to commit the offence is identified.

The duration of a preliminary investigation may not exceed two years from the first act of the investigation, including if this act occurred as part of a flagrante delicto investigation. The preliminary investigation may, however, be extended once for a maximum period of one year on expiry of the period referred to in the first paragraph, with the written authorisation of the Public Prosecutor, giving reasons, which shall be added…

Searches, home visits and seizures of exhibits or property whose confiscation is provided for in article 131-21 of the Penal Code may not be carried out without the express consent of the person at whose premises the operation is taking place. This assent must be the subject of a written declaration by the person concerned or, if the latter is unable to write, a mention of this must be made…

Article 61-3 is applicable to the preliminary investigation.

The public prosecutor or, with his authorisation, the officer or agent of the judicial police may carry out the operations provided for by Article 55-1. The provisions of the last four paragraphs of Article 55-1 shall apply. .

The judicial police officer or, under his supervision, the judicial police agent may, for the needs of the investigation, under the conditions provided for in article 76, have recourse to the operations provided for by article 57-1.

The provisions of articles 61-1 and 61-2 relating to the hearing of a suspected person or a victim as well as those of articles 62-2 to 64-1 relating to police custody are applicable during the preliminary investigation.

If it is necessary to carry out technical or scientific findings or examinations, the public prosecutor or, with the latter’s authorisation, the officer or agent of the judicial police or, under their supervision, the investigation assistant, shall have recourse to any qualified persons. The last four paragraphs of Article 60 shall apply. The public prosecutor may, by means of general instructions issued pursuant to Article 39-3, authorise officers or agents…