Chapter I: The investigating judge: court of first instance

The investigation into the personality of the persons under investigation as well as their material, family or social situation provided for in Article 81, paragraph 6, of the Code of Criminal Procedure and the examinations, particularly medical and medico-psychological, mentioned in paragraph 7 of the said article, constitute the personality file of the person under investigation. The purpose of this file is to provide the judicial authority, in an objective…

When assessing the appropriateness of requesting or ordering the investigations and examinations referred to in Article D. 16, the judicial authorities shall take the utmost account of, in particular: 1° Whether the person under investigation is under twenty-five years of age; 2° Whether he or she is a repeat offender, especially if he or she is subject to criminal guardianship (1); 3° The nature of the offence (intentional assault and…

The investigating judge who orders the investigations and examinations referred to in Article D. 16, sets the deadline by which reports must be sent to it. In the event of unjustified delays, the designated person may be replaced and the Attorney General and the President of the Examining Magistrate’s Chamber shall be notified for all legal purposes.

In cases where it appears necessary to submit to a psychiatric examination an accused person who has been the subject of an investigation or examination mentioned in article D. 16, the personality file may be communicated, in whole or in part, to the expert.

The medical examination and the medico-psychological examination provided for by Article 81, paragraph 6, of the Code of Criminal Procedure constitute measures subject to the rules of expertise organised by the articles 156 to 169 of the said code.

The doctors responsible for these examinations are, in principle, chosen from the lists of experts drawn up pursuant to Article 157 and the articles R. 26 to R. 40 of the code of criminal procedure. The examining magistrate may also, by reasoned decision, choose particularly qualified doctors who are not on these lists.

When the doctor in charge of the medical or medico-psychological examination is assisted by other persons, their name and capacity must be mentioned in the examination report. .

The examining magistrate may appoint technicians with different qualifications, and in particular a psychologist and an observer, to carry out the examinations he or she considers useful. He may prescribe that the latter will carry out their mission in liaison with the doctor in charge of the medical or medico-psychological examination.