Regulatory part - Council of State decrees

Natural persons and duly declared associations who have been authorised as delegates of the public prosecutor under the conditions laid down in this section may be designated by the latter to be entrusted with one of the missions provided for in 1° to 4° of Article 41-1 or to intervene during the criminal composition procedure provided for by Articles 41-2 and 41-3. Natural persons and duly registered associations that have…

The natural person or legal entity, depending on whether it wishes to be authorised in the jurisdiction of the judicial court or in that of the court of appeal, shall apply to the public prosecutor or the public prosecutor. .

The application submitted by an association shall include in particular: 1° A copy of the Journal officiel publishing the declaration of the association or, as regards the departments of Bas-Rhin, Haut-Rhin or Moselle, a copy of the extract from the register of associations of the judicial court; 2° A copy of the articles of association and, where applicable, the internal rules; 3° A list of the association’s establishments with an…

The mediator or delegate of the public prosecutor must satisfy the following conditions: 1° Not hold judicial office or participate in the operation of the justice service or be invested with an elective mandate within the jurisdiction of the court of appeal; 2° Not have been the subject of a conviction, incapacity or disqualification mentioned on bulletin no. 2 of the criminal record; 3° Present guarantees of competence, independence and…

The mediator and the public prosecutor’s delegate are bound by the obligation of secrecy under the conditions laid down by article 226-13 of the Penal Code.

After having carried out all the procedures he or she deems useful, the public prosecutor or, if the person concerned is to perform his or her duties within the jurisdiction of the court of appeal, the public prosecutor decides on the person’s authorisation for a probationary period of one year. At the end of this period, the public prosecutor or the public prosecutor decides on the person’s authorisation for a…

The list of persons authorised by the public prosecutor is sent to the public prosecutor.

As soon as he is authorised pursuant to the provisions of the first paragraph of Article R. 15-33-35, the mediator or the public prosecutor’s delegate shall take the following oath before the judicial court or the court of appeal: “I swear to carry out my duties rigorously, loyally, impartially and with dignity and to respect professional secrecy. “ This oath is also taken by the natural persons representing the authorised…

Once a year, the ombudsman and the public prosecutor’s delegate send an activity report to the public prosecutor or, if they exercise their duties within the jurisdiction of the court of appeal, to the public prosecutor. .