Title III: Investigating courts

The functions of the public prosecutor with the investigating chamber are performed by the public prosecutor or his deputies; those of the registry by a registrar of the court of appeal.

The Investigating Chamber shall meet at least once a week and, when convened by its President or at the request of the Public Prosecutor, whenever necessary. .

The Public Prosecutor shall prepare the case for trial within forty-eight hours of receipt of the documents in matters of pre-trial detention and within ten days in all other matters; he shall submit it, together with his closing arguments, to the Investigating Chamber. In the cases provided for by articles 173 and 186-1, or when it is directly seised pursuant to articles 81, ninth paragraph, 82-1, second paragraph, 156, second…

When a case is referred to the Investigating Chamber on remand after cassation, it shall rule within the time limits set out in articles 148-2, 186-2, 186-4 and 194. These time limits run from receipt by the public prosecutor at the court of appeal of the judgment and the file transmitted by the public prosecutor at the Court of Cassation.

In cases brought before the criminal or police courts and until the opening of the hearings, the public prosecutor, if he considers that the facts are susceptible of a more serious classification than the one to which they have been subjected, orders the contribution of exhibits, prepares the case and submits it with his indictment to the investigating chamber.

The Public Prosecutor acts in the same way when he receives, subsequent to a decision by the Investigating Chamber to dismiss the case, documents which appear to him to contain new charges under the terms of article 189. In such a case and pending a meeting of the Investigating Chamber, the President of that court may, on the application of the Public Prosecutor, issue a committal or arrest warrant. .

The Public Prosecutor notifies each of the parties and their lawyer by registered letter of the date on which the case will be called for hearing. Notification shall be made to the detained person by the head of the prison who shall, without delay, send to the Public Prosecutor the original or copy of the receipt signed by the person. Notification to any non-detained person, to the civil party or…

In the event of an appeal against an order dismissing the case, the assisted witness may, through his lawyer, make his observations before the investigating chamber. The interested party and his lawyer shall be notified of the date of the hearing in accordance with the provisions of article 197.

The parties and their lawyers are allowed until the day of the hearing to produce briefs which they communicate to the public prosecutor and the other parties. These briefs are filed at the registry of the investigating chamber and stamped by the registrar with an indication of the day and time of filing or are sent to the registrar, the public prosecutor and the other parties by fax or by…

The hearings are held and the judgment is delivered in chambers. However, if the adult defendant or his or her lawyer so requests from the outset of the proceedings, they shall be held and the judgment shall be delivered in open court, unless publicity is likely to hinder the specific investigations required by the investigation or to harm the dignity of the person or the interests of a third party….