Title III: Investigating courts

The examining magistrate in charge of a new investigation or called upon to replace his colleague in the event of impediment or change of post, is designated under the following conditions.

The president of the court, having received the opening indictment and the attachments in the case of new information, forwards the file together with his decision to the designated investigating judge.

The President may designate one of the Vice-Presidents or judges of the court to replace him in the exercise of the functions provided for in Article D. 28, one of the vice-presidents or judges of the court. Failing designation, he is replaced, in the event of absence, by the vice-president or judge of the highest rank, present at the court.

The president of the court may draw up a rota designating the investigating judges provisionally responsible for information that may arise at night, on Sundays and public holidays. The final appointment of the investigating judge is made within twenty-four hours.

The provisions of this paragraph shall not apply: 1° Where there is only one examining magistrate; 2° Where there is an investigation involving an accused under the age of eighteen and there is only one examining magistrate with special responsibility for cases involving minors; 3° Where the examining magistrate present at the scene of a flagrant crime or offence is seised by virtue of article 72 of the Code of…

For the application of the provisions of the third paragraph of Article 83-1, where the investigation has been opened in a court where there is no investigating division, the examining magistrate who requests that these proceedings be co-investigated or, following a request from the public prosecutor or a request from the parties, agrees to such co-investigation, issues an order relinquishing jurisdiction to the co-investigating division for the purposes of co-investigation….

Where the investigating judge relinquishes jurisdiction pursuant to the last paragraph of Article 118, he shall immediately inform the president of the judicial court in which the investigating division is located, who shall designate the judge or judges of the division who will be responsible for continuing the investigation. Such relinquishment of jurisdiction shall not take effect until such time as these judges have been appointed. The Public Prosecutors of…

When the complaint with civil party status is lodged by a lawyer, it may be sent to the investigating judge by electronic means of communication in accordance with the procedures set out in Article D. 591, where the provisions of this article are applicable following the protocol entered into by the heads of the court and the bar association. In accordance with the provisions of the second paragraph of Article…

When it relates to a crime, a civil party complaint may only be lodged with an investigating judge of the judicial court within which there is an investigating division. However, where a civil party complaint lodged with the investigating judge of the judicial court in which there is no investigating division relates to a crime punishable by fifteen years’ or twenty years’ imprisonment and not committed as a repeat offender,…