Book I: Criminal policy, prosecution and investigation

In his opening submissions, and at any time during the investigation by supplementary submissions, the public prosecutor may request the investigating magistrate to perform any acts that he deems useful for ascertaining the truth and to take any necessary security measures. He may also ask to be present at the performance of the acts he requires. To this end, he may have the proceedings communicated to him, on condition that…

The parties may, during the investigation, submit to the investigating judge a written and reasoned request that they be heard or questioned, that a witness be heard, that they be confronted or transported to the scene, that an order be made for the production by one of them of a document useful to the investigation, or that any other acts that they deem necessary to ascertain the truth be carried…

When the person under investigation applies to the examining magistrate, pursuant to the provisions of Article 82-1, of a request that this magistrate carry out a transport to the scene, to hear a witness, a civil party or another person under investigation, he or she may request that this act be carried out in the presence of his or her lawyer. The civil party has this same right with regard…

When the examining magistrate challenges the merits of a request by the parties to establish that the public prosecution is time-barred, he or she must make a reasoned order within one month of receiving the request. The provisions of the penultimate and last paragraphs of Article 81 shall apply. On pain of inadmissibility, a person claiming that the public prosecution was time-barred at the time of his indictment or his…

Where there are several investigating judges in a court, the president of the court or, if he is unable to act, the magistrate who replaces him, shall designate, for each information, the judge who will be responsible for it. He may draw up a rota for this purpose. The designations provided for in this article are measures of judicial administration not subject to appeal.

Where the seriousness or complexity of the case justifies it, the information may be the subject of a co-investigation in accordance with the procedures laid down in this article. The president of the judicial court in which there is an investigating division or, if he is prevented from doing so, the magistrate who replaces him shall designate, as soon as the investigation is opened, ex officio or if the public…

In the event of a joint investigation, the examining magistrate in charge of the investigation coordinates its progress. He alone has the authority to refer the matter to the liberty and custody judge, to order release on his own initiative and to issue the notice of the end of the investigation provided for in article 175 and the settlement order. However, this notice and this order may be co-signed by…

Subject to the application of articles 657 and 663, the removal of the investigating judge in favour of another investigating judge may be requested from the president of the court, in the interests of the proper administration of justice, by reasoned request from the public prosecutor, acting either spontaneously or at the request of the parties. The president of the court must rule within eight days by an order that…

During the first appearance of the person under investigation or the first hearing of the civil party or the assisted witness and at any time during the proceedings, the examining magistrate may ask the party, in the presence of his lawyer or the latter duly summoned and after having brought to his attention the article 161-1, if they declare that they waive the benefit of this article. The person may…