Chapter III: The Examining Magistrate

The investigating judge is responsible for carrying out the information, as set out in Chapter I of Title III. He may not, on pain of nullity, participate in the judgment of criminal cases that he has heard in his capacity as an investigating judge. The investigating judge shall exercise his duties at the seat of the judicial court to which he belongs.

The investigating judge, chosen from among the judges of the court, is appointed in the forms provided for the appointment of judges. If necessary, another judge may be temporarily entrusted, in the same forms, with the duties of investigating judge concurrently with the magistrate appointed as stated in the first paragraph. If the First President delegates a judge to the court, he may also, under the same conditions, temporarily entrust…

The investigating judge may only inform the public after being seized by an indictment from the public prosecutor or by a complaint with civil party status, under the conditions set out in the articles 80 and 86. In the event of flagrant crimes or offences, he exercises the powers attributed to him by Article 72. The investigating judge, in the exercise of his duties, has the right to directly request…

The investigating judge of the place where the offence was committed, the investigating judge of the place of residence of one of the persons suspected of having taken part in the offence, the investigating judge of the place where one of these persons was arrested, even when the arrest was made for another reason, and the investigating judge of the place where one of these persons was detained, even when…

There are one or more investigating judges in each département. Where there are several judicial courts in a department, a decree may determine the list of courts in which there is no investigating judge. This decree specifies the judicial court whose investigating judge or judges are competent to hear information concerning offences falling within the scope of Article 43, of the jurisdiction of the public prosecutor of the court in…