Regulatory part - Council of State decrees

The request from the investigating judge provided for in the first paragraph of Article 230-40 shall specify the reasons why he considers that the conditions provided for by the provisions of that same paragraph have been met. It includes a list of the documents that the investigating judge requests to be placed in the file separate from the case file. An investigators’ report justifying the use of the procedure provided…

The separate file and register provided for in article 230-40 shall be kept by the president of the judicial court or the judge delegated by him. They may only be communicated to the liberty and custody judge, the investigating judge, the investigating chamber and, in the case provided for in Article 230-41, to the president of the investigating chamber.

The separate file authorised by the liberty and custody judge includes the documents he lists, the investigating judge’s request, the public prosecutor’s opinion and, where applicable, the investigators’ report.

If the liberty and custody judge does not grant the investigating judge’s request, this request, the liberty and custody judge’s decision, the public prosecutor’s opinion and, where applicable, the investigators’ report are placed in a file separate from the proceedings file, which is kept by the president of the judicial court or the judge delegated by him. This file, which may not be communicated within the framework of the proceedings…

Where information relating to a geolocation operation has been placed in a separate file pursuant to Article 230-40, and except where it has been placed in the procedural file pursuant to Article 230-41, the examining magistrate, before issuing the notice provided for in Article 175, shall add to the separate file the information gathered under the conditions provided for in Article 230-40 and which is contained in the proceedings file,…