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.
In the context of the procedure provided for in article 696-114, persons under investigation, assisted witnesses or civil parties shall exercise all the rights granted to them by this Code during the investigation, in particular the right to be assisted by a lawyer and to have access to the content of the proceedings, to make a request to the Deputy European Public Prosecutor for an act to be carried out,…
Once the Deputy European Public Prosecutor has indicted a person or placed him under the status of assisted witness, or once the liberty and custody judge has authorised one of the acts provided for in Articles 696-124 or 696-127 under conditions that do not allow it to be used as part of the investigation in flagrante delicto or the preliminary investigation, the Deputy European Public Prosecutor: 1° Applies the provisions…
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75001, Paris France
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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Paris Bar Registration n° (Toque) C2396
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