Section 11: Settlement orders

I.-As soon as the investigation appears to have been completed, the examining magistrate communicates the case file to the public prosecutor and at the same time notifies the parties’ lawyers or, if they are not assisted by a lawyer, the parties themselves. The notice is served either orally, with the file endorsed, or by registered letter. If the person is detained, it may also be served by the head of…

The person under investigation, the assisted witness or the civil party may, on expiry of the period indicated to him pursuant to the ninth paragraph of Article 116 or the second paragraph of Article 89-1 from, respectively, the date of the indictment, the first hearing or the filing of a civil action, request the investigating judge, in accordance with the procedures set out in the tenth paragraph of of Article…

In all matters, the duration of the investigation may not exceed a reasonable period in view of the seriousness of the acts alleged against the person under investigation, the complexity of the investigations required to ascertain the truth and the exercise of the rights of the defence. If, at the end of a period of two years from the opening of the investigation, the investigation has not been completed, the…

The examining magistrate examines whether there are any charges against the person under investigation that constitute an offence, the legal classification of which he or she determines.

If the investigating judge considers that the facts do not constitute a felony, misdemeanour or contravention, or if the perpetrator has remained unknown, or if there are insufficient charges against the person under investigation, he shall declare, by an order, that there is no need to follow up. Where the order to dismiss the case is based on the existence of one of the grounds for lack of criminal responsibility…

The investigating judge may order, at the request of the person concerned or, with that person’s agreement, of his own motion or at the request of the public prosecutor, either the publication in full or in part of his decision to dismiss the case, or the insertion of a statement informing the public of the reasons for and the operative part of the decision, in one or more newspapers, periodicals…

When making an order dismissing an investigation initiated on the basis of a civil party’s claim, the investigating judge may, at the request of the public prosecutor and by reasoned decision, if he considers that the civil party’s claim has been abusive or dilatory, order a civil fine against the civil party, the amount of which may not exceed 15,000 euros. This decision may only be made at the end…

Where the civil party is a legal entity, the civil fine provided for in article 177-2 may be pronounced against its legal representative, if the latter’s bad faith is established.

If the judge considers that the facts constitute a contravention, he or she will, by order, refer the case to the police court. Once it has become final, this order will cover any procedural defects.

If the judge considers that the facts constitute an offence, he or she shall, by order, refer the case to the criminal court. This order shall specify, if applicable, that the accused benefits from the provisions of Article 132-78 of the Criminal Code. The settlement order puts an end to pre-trial detention, house arrest with electronic surveillance or judicial supervision. If it has been issued, the arrest warrant retains its…