Subsection 2: Assisted witnesses

Any person named in an initiating indictment or supplementary indictment who has not been indicted may only be heard as an assisted witness.

Any person named in a complaint or implicated by the victim may be heard as an assisted witness. When they appear before the examining magistrate, they must be heard in this capacity if they so request; if the person is named in a complaint with civil party status, they are notified of this right when they appear before the examining magistrate. Any person implicated by a witness or against whom…

The assisted witness has the right to be assisted by a lawyer, who is notified in advance of the hearings and has access to the case file, in accordance with the provisions of Articles 114 and 114-1. This lawyer is chosen by the assisted witness or appointed ex officio by the President of the Bar if the person concerned so requests. The assisted witness also benefits, where appropriate, from the…

At the first hearing of the assisted witness, the investigating judge shall establish his or her identity, inform him or her of the initiating indictment, the complaint or the information, inform him or her of his or her right to make statements, to answer questions put to him or her or to remain silent, as well as the rights mentioned in Article 113-3, and proceed with the formalities provided for…

Assisted witnesses may not be placed under judicial supervision, under house arrest with electronic surveillance or in pre-trial detention, nor may they be the subject of a committal order or indictment.

At any time during the proceedings, the assisted witness may, at the time of his or her hearing or by registered letter with acknowledgement of receipt, ask the examining magistrate to be placed under investigation; the person is then considered to be placed under investigation and benefits from all rights of defence as soon as the request is made or the registered letter with acknowledgement of receipt is sent. The…

The assisted witness does not take an oath.

If, in the course of the proceedings, the examining magistrate considers that serious or corroborating evidence has come to light justifying the examination of the assisted witness, he shall proceed with the examination by applying the provisions of the eighth and ninth paragraphs of article 116 during an examination conducted in the manner set out in article 114. He may also proceed with this indictment by sending the person a…