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French Code of Criminal Procedure

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Article 148-8 of the French Code of Criminal Procedure

November 8, 2023

Where the person under investigation intends to refer the matter to the Investigating Chamber pursuant to the provisions of Articles 140, third paragraph, 148, sixth paragraph, or 148-4, his request is made, in the forms provided for by articles 148-6 and 148-7, to the clerk of the relevant investigating chamber or to the head of the prison, who will ensure that it is forwarded. Where the president of the investigating…

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Article 149 of the French Code of Criminal Procedure

November 8, 2023

Without prejudice to the application of the provisions of Articles L. 141-2 and L. 141-3 of the Code of Judicial Organisation, a person who has been remanded in custody in the course of proceedings that have ended with a decision to dismiss, acquit or acquit that has become final is entitled, at his or her request, to full compensation for the non-material and material harm caused to him or her…

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Article 149-2 of the French Code of Criminal Procedure

November 8, 2023

The First President of the Court of Appeal, on receipt of a petition within six months of the decision to dismiss the case, acquit or acquit having become final, shall give a reasoned decision. The proceedings shall be held in open court, unless the petitioner objects. At his request, the claimant is heard in person or through his counsel.

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Article 149-3 of the French Code of Criminal Procedure

November 8, 2023

Decisions taken by the first president of the court of appeal may, within ten days of notification, be appealed to a national commission for compensation for detentions. This commission, which is attached to the Cour de cassation, rules in a sovereign capacity and its decisions are not subject to appeal of any kind. The bureau of the Cour de cassation may decide that the national commission will comprise several panels….

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Article 150 of the French Code of Criminal Procedure

November 8, 2023

The compensation awarded pursuant to this sub-section shall be borne by the State, except for recourse by the latter against the informer in bad faith or the false witness whose fault caused the detention or its prolongation. It is paid as criminal justice costs.

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Article 151 of the French Code of Criminal Procedure

November 8, 2023

The examining magistrate may request by letter rogatory any judge of his court, any examining magistrate or any officer of the judicial police, who shall in this case notify the public prosecutor, to carry out the acts of information that he considers necessary in the places where each of them has territorial jurisdiction. The letter rogatory shall indicate the nature of the offence, which is the subject of the proceedings….

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Article 152 of the French Code of Criminal Procedure

November 8, 2023

The magistrates or judicial police officers assigned to carry out the investigation exercise, within the limits of the letter rogatory, all the powers of the investigating judge. However, the judicial police officers may not conduct interviews or confrontations with the persons under investigation. They may only interview civil parties or assisted witnesses at their request. The examining magistrate may travel, without being assisted by his clerk or having to draw…

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Article 153 of the French Code of Criminal Procedure

November 8, 2023

Any witness summoned to be heard during the execution of a letter rogatory is required to appear, take an oath and give evidence. Where there is no plausible reason to suspect that he has committed or attempted to commit an offence, he may be detained only for the time strictly necessary for his hearing. If he fails to comply with this obligation, notice shall be given to the instructing magistrate…

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is a Registered Trademark of
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75001, Paris France
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Paris Bar Registration n° (Toque) C2396

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is a Registered Trademark of
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75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396

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