Chapter II: Procedure

Decisions regarding the placement and extension of pre-trial detention shall be taken by the liberty and custody judge who, after receiving a written and reasoned application from the Deputy European Public Prosecutor, shall rule after an adversarial hearing organised in accordance with the provisions of Article 145.

However, the Deputy European Public Prosecutor is competent to order the following measures, ex officio or at the request of the person under investigation:

The Deputy European Public Prosecutor is also competent to take decisions relating to the arrangements for the enforcement of pre-trial detention or the exercise of rights by a person remanded in custody pursuant to Articles 145-4 to 145-4-2 and 148-5 of this code and articles L. 341-1 to L. 341-5, L. 341-7, L. 341-8 and L. 345-1 to L. 345-6 of the Penitentiary Code.

The decision to issue an arrest warrant shall be taken by the liberty and custody judge, on the basis of a written and reasoned application by the Deputy European Public Prosecutor. The decision to issue an arrest warrant shall be taken by the liberty and custody judge, on the basis of a written and reasoned application by the Deputy European Public Prosecutor.

The Deputy European Public Prosecutor shall execute the arrest warrant in the form of a European arrest warrant in accordance with Article 695-16.

Searches, home visits and seizures must, in the absence of flagrante delicto or the express consent of the person at whose premises they take place, be carried out with the authorisation of the juge des libertés et de la détention (liberty and custody judge) to whom the matter has been referred by reasoned written subpoena from the Deputy European Public Prosecutor under the conditions laid down in Article 76.

Decisions ordering the interception of telecommunications correspondence, geolocation, an investigation under pseudonym or a special investigative technique provided for in Section 6 of Chapter II of Title XXV of this Book shall be taken by the liberty and custody judge, referred to by a written and reasoned request from the Deputy European Public Prosecutor, unless these measures are ordered under conditions of use and duration allowing the public prosecutor to…

Decisions ordering the special seizures provided for in Title XXIX of this book and the protective measures provided for in Article 706-166 are taken by the liberty and custody judge, on written and reasoned application by the Deputy European Public Prosecutor, subject to the public prosecutor’s own powers under the first paragraph of Article 706-154.