Section 5: Interrogations and confrontations

The parties may only be heard, questioned or confronted, unless they expressly waive this, in the presence of their lawyers or the latter duly summoned. Lawyers shall be summoned no later than five working days before the examination or hearing of the party they are assisting by registered letter with acknowledgement of receipt, fax with acknowledgement of receipt or orally with a signature in the proceedings file. The record of…

Subject to the provisions of the sixth paragraph of Article 114, it is a criminal offence for a party to whom a reproduction of the documents or records of an investigative procedure has been given pursuant to this Article, to distribute it to a third party. The offence is punishable by three years’ imprisonment and a fine of €45,000. .

At any time during the investigation, the parties may inform the examining magistrate of the name of the lawyer chosen by them; if they appoint several lawyers, they must indicate which of them will be sent summonses and notifications; failing this choice, these will be sent to the lawyer first chosen. Except where this is the first appointment of a lawyer by a party or where the appointment is made…

When the investigating judge is considering investigating a person who has not already been heard as an assisted witness, the investigating judge shall make the person’s first appearance in accordance with the procedures laid down in this article. After informing the person, where applicable, of his or her right to be assisted by an interpreter, the examining magistrate shall establish the person’s identity and expressly inform him or her, specifying…

In criminal matters, questioning of accused persons carried out in the chambers of the investigating judge, including questioning at first appearance and confrontations, shall be subject to audiovisual recording. The recording may only be consulted, during the investigation or before the trial court, in the event of a challenge to the scope of the statements taken, by decision of the investigating judge or the trial court, at the request of…

Notwithstanding the provisions of article 116, the examining magistrate may conduct immediate questioning and confrontations if the urgency results either from the condition of a witness in danger of death, or from the existence of evidence about to disappear. The minutes shall mention the causes of urgency.

If, during the course of the investigation, it transpires that the acts of which the person under investigation is accused under a correctional charge actually constitute a crime, the examining magistrate shall notify the person, after informing him or her of his or her intention and taking any observations from him or her and his or her lawyer, that a criminal charge is to be substituted for the charge initially…

The public prosecutor may attend the questioning, hearings and confrontations of the accused person, the civil party and the assisted witness. Whenever he has informed the examining magistrate of his intention to attend, the examining magistrate’s clerk must notify him by simple note, at the latest the day before the questioning.

The investigating judge directs the questioning, confrontations and hearings. The public prosecutor and the lawyers for the parties and the assisted witness may ask questions or make brief observations. The investigating judge determines, if necessary, the order of the interventions and may put an end to them when he considers himself sufficiently informed. He may object to questions that are likely to prejudice the proper conduct of the information or…

Where the person under investigation or the assisted witness is implicated by several persons, they may request, in accordance with the first paragraph of Article 82-1 or the last paragraph of l’article 113-3, to be confronted separately with each of them. The examining magistrate decides on these requests in accordance with the second paragraph of article 82-1. The refusal of a request for individual confrontation may not be based solely…