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

The investigating chamber exercises control over the activities of civil servants and military officers and agents of the judicial police, taken in this capacity.

The matter is referred to it either by the public prosecutor or by its chairman. It may be referred to it of its own motion when examining the proceedings referred to it.

Once the matter has been referred to it, the investigating chamber conducts an investigation; it hears the public prosecutor and the judicial police officer or agent in question. The latter must first have been given the opportunity to acquaint himself with his judicial police file held at the public prosecutor’s office of the court of appeal. He may be assisted by a lawyer.

The investigating chamber may, without prejudice to any disciplinary sanctions that may be imposed on the judicial police officer or agent by his hierarchical superiors, address observations to him or decide that he may not, either temporarily or permanently, carry out his duties as a judicial police officer and delegate of the investigating judge or his duties as a judicial police agent, either within the jurisdiction of the court of…

If the Investigating Chamber considers that the judicial police officer or agent has committed an offence under criminal law, it shall also order that the case file be forwarded to the Public Prosecutor for all purposes.

Decisions taken by the Investigating Chamber against judicial police officers or agents shall be notified, at the instigation of the Public Prosecutor, to the authorities to which they report.

In the event of serious professional misconduct or a serious breach of honour or probity by one of the persons mentioned in article 224 affecting the person’s ability to carry out judicial police duties, the president of the investigating chamber, on a referral from the public prosecutor at the court of appeal in whose jurisdiction the person usually carries out his duties, may, without prejudice to any administrative disciplinary sanctions…

The provisions of this section shall apply to deputy criminal investigation officers, investigation assistants of the national police and the national gendarmerie, and to officials and agents entrusted with certain criminal investigation duties. The provisions of this section shall apply to officials and agents entrusted with certain criminal investigation duties.