Chapter I: The investigating judge: court of first instance

When the investigating judge does not conduct the personality investigation provided for in paragraph 6 of Article 81 himself or have it conducted by a judicial police officer, the investigating judge hearing the proceedings or, by delegation, the judge in whose jurisdiction the person under investigation resides, may designate for this purpose any natural or legal person authorised as set out below or, exceptionally, a judicial controller.

The natural person or legal entity, depending on whether it wishes to be authorised to carry out personality investigations within the jurisdiction of the judicial court or that of the court of appeal, shall make a request to the doyen of the investigating judges or to the president of the investigating chamber. The request made by an association shall include in particular: 1° A copy of the Journal officiel publishing…

After taking all the steps he or she deems useful, the doyen of the investigating judges or the president of the investigating chamber communicates the request to the president of the court or to the first president.

The general assembly of sitting and prosecuting magistrates of the court or court of appeal, on the report of the magistrate to whom the application is made, decides on the authorisation by a majority of its members present. The restricted committee of the general assembly of sitting and prosecuting magistrates, in the courts where its constitution is mandatory, exercises the powers mentioned in the previous paragraph. The authorised legal entity…

In urgent cases, provisional authorisation, valid until the decision of the next general meeting or select committee, may be granted by the doyen of the examining magistrates, on the proposal or after the assent of the public prosecutor, or by the president of the examining chamber, on the proposal or after the assent of the public prosecutor.

No person may be authorised who has been the subject of a conviction, incapacity or disqualification mentioned in bulletin no. 2 of the criminal record. When an association is considering a change to the list mentioned in 7° of Article R. 15-35 or to appoint a natural person who has not been personally authorised to carry out the tasks entrusted to the association, it must notify the public prosecutor. The…

The authorisation may be withdrawn in accordance with the procedure set out in articles R. 15-36 and R. 15-37. The public prosecutor or the public prosecutor may, for the purposes of withdrawing authorisation, refer the matter to the general assembly of judges and prosecutors of the court, that of the court of appeal or the competent select committee, as the case may be. In urgent cases, the senior examining magistrate,…