Chapter I: The investigating judge: court of first instance

Preliminary investigations are compulsory in felony cases; except where special provisions apply, they are optional in misdemeanour cases; they may also take place in misdemeanour cases if the public prosecutor so requests pursuant to article 44.

I.-The investigating judge may only inform by virtue of an indictment issued by the public prosecutor. The indictment may be made against a named or unnamed person. When facts, not covered by the indictment, are brought to the attention of the investigating judge, the latter must immediately communicate to the public prosecutor the complaints or reports recording them. The public prosecutor may then either request the investigating judge, by supplementary…

On pain of nullity, the examining magistrate may only indict persons against whom there is serious or corroborating evidence making it likely that they may have participated, as perpetrator or accomplice, in the commission of the offences referred to him. The judge may only proceed with the investigation after having first heard the person’s observations or after having given the person the opportunity to make them, assisted by their lawyer,…

Without prejudice to his right to apply to have the indictment quashed within six months of his first appearance, in accordance with articles 173,173-1 and 174-1, the accused may, during the investigation, in accordance with the procedures set out in the penultimate paragraph of Article 81, ask the investigating judge to reverse his decision and grant him assisted witness status if he considers that the conditions laid down in the…

The examining magistrate may inform a person by registered letter that he or she has been summoned, within a period of not less than ten days and not more than two months, to appear for the first time in accordance with the conditions laid down in article 116. The letter shall state the date and time of the summons. It informs the person of each of the acts referred to…

As soon as the investigation begins, the investigating judge must notify the victim of an offence that proceedings have been opened, of his or her right to bring a civil action and of the procedures for exercising this right. If the victim is a minor, the notice shall be given to his legal representatives. The notice provided for in the previous paragraph shall inform the victim that he has the…

During the course of the investigation into the causes of death or the causes of a disappearance mentioned in the articles 74 and 74-1, the investigating judge shall proceed in accordance with the provisions of Chapter I of Title III of Book I. Interceptions of telecommunications correspondence are carried out under his authority and control in accordance with the conditions set out in the second paragraph of article 100 and…

When requesting the opening of an investigation, the public prosecutor may, if the search to establish the truth for a crime or an offence punishable by a sentence of three years’ imprisonment or more requires that the investigations in progress not be interrupted in any way, authorise the officers and agents of the judicial police services or units that were in charge of the investigation to continue the operations provided…

The investigating judge shall, in accordance with the law, carry out all acts of information that he or she deems useful for ascertaining the truth. A copy of these acts as well as of all the documents in the proceedings shall be drawn up; each copy shall be certified by the court clerk or the judicial police officer mentioned in paragraph 4. All the documents in the case file are…

The examining magistrate may, ex officio, at the request of the public prosecutor or at the request of the civil party, carry out, in accordance with the law, any act enabling him to assess the nature and extent of the harm suffered by the victim or to gather information about the victim’s personality.