Section 3: Powers of the public prosecutor

The public prosecutor represents the public prosecutor’s office at the judicial court in person or through his or her substitutes. He also represents, in person or through his substitutes, the public prosecutor’s office before the assize court instituted at the seat of the court. He likewise represents, in person or through his substitutes, the public prosecutor’s office before the police court under the conditions set by Article 45 of this…

Taking into account the specific context of his jurisdiction, the public prosecutor implements the criminal policy defined by the general instructions of the Minister of Justice, specified and, where appropriate, adapted by the public prosecutor. In addition to the specific reports that he draws up either on his own initiative or at the request of the public prosecutor, the public prosecutor sends the latter an annual criminal policy report on…

As part of his powers in relation to alternatives to prosecution, initiating and exercising public action, directing the criminal investigation police, identity checks and enforcing sentences, the public prosecutor ensures the prevention of breaches of criminal law. To this end, he leads and coordinates the judicial component of crime prevention policy within the jurisdiction of the judicial court, in accordance with the national guidelines for this policy determined by the…

As part of his powers as head of the criminal investigation department, the public prosecutor may issue general or specific instructions to investigators. He checks the legality of the resources used by the investigators, the proportionality of the investigative acts with regard to the nature and seriousness of the facts, the direction given to the investigation and the quality of the investigation. He ensures that the investigations are aimed at…

Where a department has several judicial courts, the public prosecutor may designate one of the public prosecutors of that department to represent, under his authority, all the public prosecutors’ offices in their relations with the administrative authorities of the department, in particular for the application of the last paragraph of Article 39-2, and to ensure the coordination of activities relating thereto. This prosecutor keeps the other prosecutors informed of his…

The Public Prosecutor receives complaints and denunciations and assesses the action to be taken on them in accordance with the provisions of article 40-1. Any constituted authority, any public officer or civil servant who, in the performance of his duties, acquires knowledge of a crime or offence is required to notify the Public Prosecutor without delay and to forward to this magistrate all information, reports and acts relating thereto. .

When he considers that the facts brought to his attention pursuant to the provisions of Article 40 constitute an offence committed by a person whose identity and domicile are known and for whom no legal provision prevents the initiation of public proceedings, the Public Prosecutor with territorial jurisdiction shall decide whether it is appropriate: 1° Either to prosecute; 2° Or to implement an alternative procedure to prosecution pursuant to the…

The public prosecutor shall notify the complainants and the victims if they are identified, as well as the persons or authorities mentioned in the second paragraph of Article 40, of the prosecution or alternative measures to prosecution that have been decided following their complaint or report. When he decides to discontinue proceedings, he shall also inform them of his decision, stating the legal or expedient reasons for it.

Any person who has reported facts to the public prosecutor may lodge an appeal with the public prosecutor against the decision to close the case with no further action taken following this report. The public prosecutor may, under the conditions set out in Article 36, order the public prosecutor to initiate proceedings. If he considers the appeal to be unfounded, he will inform the person concerned accordingly. .

When the victim wishes to act as a civil party and requests the appointment of a lawyer after having been informed of this right pursuant to 3° of Article 10-2, the public prosecutor, notified by the officer or agent of the judicial police, if he or she decides to initiate public proceedings, shall immediately inform the President of the Bar Association. If he decides not to do so, he will…