Sub-title II: Investigative measures.

The person who represents or assists a party before the court that has ordered the measure may follow its enforcement, wherever it takes place, make observations and submit all requests relating to that enforcement even in the absence of the party.

The public prosecutor may always be present during the execution of investigative measures, even if he is not the main party.

Investigative measures carried out before the court are carried out in open court or in chambers according to the rules applicable to hearings on the merits.

The judge may, in order to carry out an investigative measure or witness its execution, travel without being assisted by the court clerk.

The judge in charge of carrying out an investigative measure or supervising its execution may order such other investigative measure as would make it appropriate to carry out the one already prescribed.

Any difficulties encountered in the execution of an investigative measure shall be settled, at the request of the parties, on the initiative of the technician appointed, or ex officio, either by the judge who carries out the measure or by the judge responsible for supervising its execution.

The judge shall give a ruling on the spot if the difficulty arises in the course of a transaction in which he is carrying out or assisting. In all other cases, the judge seised without form shall fix the date for which the parties and, if applicable, the technician appointed will be summoned by the court registrar.

In the event of the intervention of a third party to the proceedings, the court registrar shall immediately notify the judge or the technician responsible for carrying out the investigative measure. The intervener is given the opportunity to present his observations on the operations that have already been carried out.

Decisions relating to the execution of an investigative measure are not subject to opposition; they may only be appealed or appealed to the Supreme Court at the same time as the judgment on the merits. They take the form either of a simple mention in the case file or in the hearing register or, if necessary, of an order or a judgment.

Decisions taken by the judge assigned or by the judge in charge of the review do not have the authority of res judicata.