Assisted witnesses may not be placed under judicial supervision, under house arrest with electronic surveillance or in pre-trial detention, nor may they be the subject of a committal order or indictment.
At any time during the proceedings, the assisted witness may, at the time of his or her hearing or by registered letter with acknowledgement of receipt, ask the examining magistrate to be placed under investigation; the person is then considered to be placed under investigation and benefits from all rights of defence as soon as the request is made or the registered letter with acknowledgement of receipt is sent. The…
The assisted witness does not take an oath.
If, in the course of the proceedings, the examining magistrate considers that serious or corroborating evidence has come to light justifying the examination of the assisted witness, he shall proceed with the examination by applying the provisions of the eighth and ninth paragraphs of article 116 during an examination conducted in the manner set out in article 114. He may also proceed with this indictment by sending the person a…
The parties may only be heard, questioned or confronted, unless they expressly waive this, in the presence of their lawyers or the latter duly summoned. Lawyers shall be summoned no later than five working days before the examination or hearing of the party they are assisting by registered letter with acknowledgement of receipt, fax with acknowledgement of receipt or orally with a signature in the proceedings file. The record of…
Subject to the provisions of the sixth paragraph of Article 114, it is a criminal offence for a party to whom a reproduction of the documents or records of an investigative procedure has been given pursuant to this Article, to distribute it to a third party. The offence is punishable by three years’ imprisonment and a fine of €45,000. .
At any time during the investigation, the parties may inform the examining magistrate of the name of the lawyer chosen by them; if they appoint several lawyers, they must indicate which of them will be sent summonses and notifications; failing this choice, these will be sent to the lawyer first chosen. Except where this is the first appointment of a lawyer by a party or where the appointment is made…
When the investigating judge is considering investigating a person who has not already been heard as an assisted witness, the investigating judge shall make the person’s first appearance in accordance with the procedures laid down in this article. After informing the person, where applicable, of his or her right to be assisted by an interpreter, the examining magistrate shall establish the person’s identity and expressly inform him or her, specifying…
In criminal matters, questioning of accused persons carried out in the chambers of the investigating judge, including questioning at first appearance and confrontations, shall be subject to audiovisual recording. The recording may only be consulted, during the investigation or before the trial court, in the event of a challenge to the scope of the statements taken, by decision of the investigating judge or the trial court, at the request of…
Notwithstanding the provisions of article 116, the examining magistrate may conduct immediate questioning and confrontations if the urgency results either from the condition of a witness in danger of death, or from the existence of evidence about to disappear. The minutes shall mention the causes of urgency.
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75001, Paris France
RCS Paris n°814433470
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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