Subsection 9: Expertise

The provisions of this sub-section apply to samples taken as part of the investigation and recording of offences.The tests and analyses carried out on these samples are contradictory.The procedures for taking samples and for contradictory expert reports are defined by decree in the Conseil d’Etat.

When the authorised agents establish an offence by means of a report based on tests or analyses, they will forward the State laboratory report to the alleged offender and inform him that he has a period of three clear days from receipt of the report in which to inform them whether he requests the implementation of an expert report provided for in this sub-section.If, within the period referred to in…

The public prosecutor, if he considers, in the light of the reports drawn up by the authorised agents or the test or analysis report and, if necessary, after a preliminary investigation, that proceedings should be instituted or an investigation opened, refers the matter to the court or the investigating judge, as appropriate. If an expert opinion is required, it shall be ordered and carried out in accordance with the provisions…

Where the expert opinion has been requested or where it has been decided by the public prosecutor or the investigating or trial court, two experts shall be appointed; one shall be appointed by the public prosecutor or the court, the other shall be chosen by the interested party and appointed by the public prosecutor or the court under the conditions provided for in the article 157 of the code of…

The two experts mentioned in the first paragraph of Article L. 512-42 have the same mission. These experts have the same obligations, the same rights, the same responsibilities and receive the same remuneration, under the conditions set out in the Code of Criminal Procedure. The experts use the method or methods used by the State laboratory and carry out the same tests and analyses; they may, however, use other methods…

At the request of the public prosecutor or the court, the sample(s) taken and held by the administrative department shall be handed over to the experts.In the event that special preservation measures have been taken, the public prosecutor or the court shall specify the procedures for withdrawing the samples.

The public prosecutor or the court shall give formal notice to the holder of the sample(s) taken to provide it (them) to the experts within a week, intact.If it (they) do not present the samples intact within this period, they shall not be referred to again at any time.Where applicable, the public prosecutor or the court shall provide the experts with the sealed samples, kept by the laboratory.

When the sample has been taken in several samples but it has only been possible to have one sample available for the expert examination, the experts shall jointly examine the sample.

Where a product is rapidly alterable or where it is an object or a commodity which, because of its value, its nature or the too small quantity of the product, cannot, without inconvenience, be the subject of a sampling in several samples and the expert examination cannot be carried out on the sample submitted for testing or analysis, the public prosecutor or the court shall immediately appoint the experts, including…

By way of derogation from Article 167 of the Code of Criminal Procedure, if the experts disagree, or if they agree to overturn the conclusions of the State laboratory’s report, the public prosecutor or the court, before ruling, shall give this laboratory knowledge of the expert’s report and set a time limit for it to submit any observations, except in cases where the director of the laboratory concerned has himself…