Title I: Public prosecution and investigating authorities

The mediator or delegate of the public prosecutor must satisfy the following conditions: 1° Not hold judicial office or participate in the operation of the justice service or be invested with an elective mandate within the jurisdiction of the court of appeal; 2° Not have been the subject of a conviction, incapacity or disqualification mentioned on bulletin no. 2 of the criminal record; 3° Present guarantees of competence, independence and…

The mediator and the public prosecutor’s delegate are bound by the obligation of secrecy under the conditions laid down by article 226-13 of the Penal Code.

After having carried out all the procedures he or she deems useful, the public prosecutor or, if the person concerned is to perform his or her duties within the jurisdiction of the court of appeal, the public prosecutor decides on the person’s authorisation for a probationary period of one year. At the end of this period, the public prosecutor or the public prosecutor decides on the person’s authorisation for a…

The list of persons authorised by the public prosecutor is sent to the public prosecutor.

As soon as he is authorised pursuant to the provisions of the first paragraph of Article R. 15-33-35, the mediator or the public prosecutor’s delegate shall take the following oath before the judicial court or the court of appeal: “I swear to carry out my duties rigorously, loyally, impartially and with dignity and to respect professional secrecy. “ This oath is also taken by the natural persons representing the authorised…

Once a year, the ombudsman and the public prosecutor’s delegate send an activity report to the public prosecutor or, if they exercise their duties within the jurisdiction of the court of appeal, to the public prosecutor. .

The authorisation may be withdrawn if the person ceases to satisfy one of the conditions set out in Article R. 15-33-33 or if it does not perform the tasks entrusted to it satisfactorily. This withdrawal is pronounced, after the person concerned has been given the opportunity to present oral observations, in accordance with the procedure laid down by Article R. 15-33-35 for the authorisation decision. In urgent cases, the public…