Regulatory part - Council of State decrees

When the investigating judge does not conduct the personality investigation provided for in paragraph 6 of Article 81 himself or have it conducted by a judicial police officer, the investigating judge hearing the proceedings or, by delegation, the judge in whose jurisdiction the person under investigation resides, may designate for this purpose any natural or legal person authorised as set out below or, exceptionally, a judicial controller.

The natural person or legal entity, depending on whether it wishes to be authorised to carry out personality investigations within the jurisdiction of the judicial court or that of the court of appeal, shall make a request to the doyen of the investigating judges or to the president of the investigating chamber. The request made by an association shall include in particular: 1° A copy of the Journal officiel publishing…

After taking all the steps he or she deems useful, the doyen of the investigating judges or the president of the investigating chamber communicates the request to the president of the court or to the first president.

The general assembly of sitting and prosecuting magistrates of the court or court of appeal, on the report of the magistrate to whom the application is made, decides on the authorisation by a majority of its members present. The restricted committee of the general assembly of sitting and prosecuting magistrates, in the courts where its constitution is mandatory, exercises the powers mentioned in the previous paragraph. The authorised legal entity…

In urgent cases, provisional authorisation, valid until the decision of the next general meeting or select committee, may be granted by the doyen of the examining magistrates, on the proposal or after the assent of the public prosecutor, or by the president of the examining chamber, on the proposal or after the assent of the public prosecutor.