Chapter II: The Examining Magistrate's Chamber: a second instance examining magistrate's court

The president of the investigating division, and in courts where there are several investigating divisions, one of the presidents specially appointed by the general assembly, exercises the specific powers defined in the following articles. If this president is unable to act, his or her specific powers are assigned, by deliberation of the general assembly of the court of appeal, to a judge belonging to the said court. The president may…

The president of the investigating chamber shall ensure the proper functioning of the investigating chambers within the jurisdiction of the court of appeal. In particular, he verifies the conditions of application of paragraphs 4 and 5 of Article 81 and article 144 and shall endeavour to ensure that proceedings are not subject to any unjustified delay. Whenever he deems it necessary, and at least once a year, he sends his…

To this end, a statement of all pending cases shall be drawn up in each investigating office every six months, mentioning, for each case, the date of the last investigative act carried out. Cases involving persons under investigation who are in provisional detention shall appear on a special statement. The statements provided for in this article shall be sent to the president of the investigating chamber and to the public…

When a period of four months has elapsed since the date of the last investigative act necessary to ascertain the truth, the president of the investigating chamber may, by petition, refer the matter to that court. The Investigating Chamber may, in the interests of the proper administration of justice, either raise the matter and proceed in accordance with the conditions set out in Articles 201,202,204 and 205, or refer the…

When a period of four months has elapsed since the date of the last investigative act, the parties may refer the matter to the Investigating Chamber under the conditions provided for in the third paragraph of Article 173. This period is reduced to two months for the benefit of the person under investigation when he or she is remanded in custody. Within eight days of receipt of the case file…

I.-When three months have elapsed since the accused person was remanded in custody, when such custody is still in progress and the notice of the end of the investigation provided for by Article 175 has not been issued, the President of the Examining Magistrate’s Court may, of his or her own motion or at the request of the Public Prosecutor or the person under investigation, decide to refer the case…

He may refer the matter to the Investigating Chamber for a ruling on the continued detention of an accused person in pre-trial detention. .