Title III: Investigating courts

The examining magistrate orders the complaint to be forwarded to the public prosecutor so that the latter can make his recommendations. The public prosecutor may ask the examining magistrate for a further three months to allow the investigations to continue before making known his or her recommendations. The investigating judge’s decision constitutes a measure of judicial administration that cannot be appealed. The indictment may be made against a named or…

Constitution de partie civile may take place at any time during the investigation. It may be contested by the public prosecutor or by a party. In the event of a challenge, or if he declares the civil party constitution inadmissible, the investigating judge shall rule, after communication of the file to the public prosecutor, by reasoned order, which the interested party may appeal. If a civil party’s claim is contested…

The investigating judge issues an order confirming that the complaint has been lodged. Depending on the resources of the civil party, he shall set the amount of the deposit that the latter must, if he has not obtained legal aid, deposit at the court registry and the deadline by which it must be made, failing which the complaint will be inadmissible. The court may exempt the civil party from making…

The deposit set pursuant to Article 88 guarantees payment of the civil fine that may be imposed pursuant to Article 177-2. The sum deposited is returned when this fine has not been imposed by the investigating judge or, in the event of an appeal by the public prosecutor or the civil party, by the investigating chamber.

The investigating judge may, in the course of the proceedings, order the civil party requesting an expert opinion to first pay a supplement to the deposit provided for by Article 88 in order to guarantee payment of the costs likely to be charged to him pursuant to the second paragraph of Article 800-1. This decision is made by a reasoned order that may be appealed to the Investigating Chamber. It…

Any civil party must declare to the investigating judge an address which must be located, if the information takes place in metropolitan France, in a metropolitan department or, if the information takes place in an overseas department, in that department. He may declare either a personal address or, with the agreement of the investigating judge, which may be obtained by any means, that of a third party responsible for receiving…

At the first hearing, the civil party shall be informed of his or her right to make a request for an act or to submit a motion for annulment on the basis of the Articles 81, ninth paragraph, 82-1, 156, first paragraph, and 173, third paragraph, during the course of the information and , if it has so requested, within one month or three months of the dispatch of the…

If the investigating judge does not have jurisdiction under Article 52, it shall, after hearing the Public Prosecutor’s case, make an order referring the civil party to such court as it sees fit.

In criminal matters, when it concerns an offence against persons provided for in Book II of the Criminal Code or when it concerns an offence against property provided for in Book III of the same Code and accompanied by offences against the person, the investigating judge notifies the civil party every six months of the progress of the investigation. This notice may be given by simple letter addressed to the…

When, after an investigation opened on the basis of a civil party’s complaint, a decision has been made to dismiss the case, the person under investigation and any other persons referred to in the complaint, and without prejudice to proceedings for slanderous denunciation, may, if they do not take civil action, claim damages from the plaintiff in the forms indicated below. The action for damages must be brought within three…