Section 12: Appeals against orders of the investigating judge or the liberty and custody judge

The public prosecutor has the right to appeal to the investigating chamber against any order of the investigating judge or the liberty and custody judge. This appeal, made by declaration to the court registry, must be lodged within ten days of notification of the decision. In the event of an appeal by the person under investigation against the committal order provided for in Article 181, the public prosecutor has a…

The right of appeal lies with the person under investigation against the orders and decisions provided for in articles 80-1-1,87,139,140,137-3,142-6,142-7,145-1,145-2,148,167, penultimate paragraph, 179, third paragraph, 181,181-1 and 696-70. The civil party may lodge an appeal against orders not to inform, orders dismissing the case and orders adversely affecting his civil interests. However, his appeal may not, under any circumstances, relate to an order or to the provision of an order…

The parties may also appeal the orders provided for by the ninth paragraph of Article 81, by Articles 82-1 and 82-3, and by the second paragraph of Article 156. In this case, the information file, or a copy thereof drawn up in accordance with Article 81, is forwarded with the reasoned opinion of the public prosecutor to the president of the investigating chamber. Within eight days of receiving this file,…

In the event of an appeal against an order under Article 181, the Investigating Chamber shall rule within four months of the date of the appeal declaration, failing which, if the person is detained, he or she shall be automatically released.

The accused and the prosecution may appeal against the orders provided for in the first paragraph of Article 179 where they consider that the acts referred to the criminal court constitute a crime that should have been the subject of an indictment order before the assize court or the departmental criminal court. Where the information has been co-investigated, they may also, in the absence of co-signature by the co-investigating judges…

In the event of an appeal, even if inadmissible, being lodged against an order provided for in the first paragraph of article 179, the Investigating Chamber shall rule within two months of the date on which the appeal was lodged, failing which the detainee shall be automatically released.

The time limits relating to the length of pre-trial detention provided for in articles 145-1 to 145-3 are no longer applicable once the investigating judge has issued his order for referral to the trial court, even if an appeal has been lodged against this order.

Where an appeal is lodged against an order other than a settlement order or where the case is referred directly to the Investigating Chamber, pursuant to Articles 81, ninth paragraph, 82-1, second paragraph, 156, second paragraph, or 167, penultimate paragraph, the investigating judge shall continue his investigation, including, where applicable, until the case is settled, unless the president of the investigating chamber decides otherwise. This decision is not subject to…

In the event of an appeal against an order to remand a person in custody, the accused or the public prosecutor may, if the appeal is lodged no later than the day following the decision to remand the person in custody, ask the president of the investigating chamber or, if he is unable to do so, the magistrate who replaces him, to consider his appeal immediately without waiting for the…

The person lodging the appeal provided for in Article 187-1 may request that it be examined directly by the Investigating Chamber. In this case, a decision is taken at the latest on the fifth working day following the request, based on the information in the file.