Section 10: Invalidity of information

In any matter, the investigating judge, the public prosecutor, the parties or the assisted witness may, during the course of the investigation, refer a matter to the investigating chamber for the annulment of an act or part of the proceedings.

Where the outcome of an application for annulment appears to be manifestly necessary, the President of the Examining Magistrates’ Chamber shall rule on this application, in accordance with the provisions of Article 199, without the two members of the Chamber being present. If the necessary decision consists of the annulment of the acts or documents of the proceedings, it may, if the public prosecutor agrees, be made by order without…

There is nullity where failure to observe a substantial formality provided for by a provision of this Code or any other provision of criminal procedure has adversely affected the interests of the party to whom it relates.

A party who has failed to comply with an essential procedural requirement may waive the requirement and thus regularise the procedure. This waiver must be express. It may only be given in the presence of the lawyer or the latter duly summoned.

If it appears to the investigating judge that an act or document in the proceedings is null and void, he or she refers the matter to the investigating chamber for annulment, after taking the opinion of the public prosecutor and informing the parties. If the public prosecutor considers that a nullity has been committed, he or she requires the investigating judge to communicate the proceedings with a view to forwarding…

On pain of inadmissibility, the person under investigation must put forward pleas alleging the nullity of acts performed before his first appearance examination or of this examination itself within six months of being notified of his indictment, except in cases where he could not have been aware of them. The same applies to pleas based on the nullity of acts performed before each of his subsequent examinations or acts notified…

When a case is referred to the Investigating Chamber on the basis of Article 173 or Article 221-3, all pleas alleging the invalidity of the proceedings referred to it must, without prejudice to its right to raise them of its own motion, be submitted to it. Failing this, the parties shall no longer be entitled to raise them, except in cases where they could not have been aware of them….

When the Investigating Chamber quashes an indictment for breach of the provisions of Article 80-1, the person is considered to be an assisted witness from the time of their first appearance and for all subsequent examinations, until the end of the investigation, subject to the provisions of articles 113-6 and 113-8.