Call Us + 33 1 84 88 31 00

Article 45 of the French Code of Criminal Procedure

The Public Prosecutor at the Judicial Court acts as Public Prosecutor before the Police Court for 5th class offences not covered by the fixed fine procedure. He may also occupy it in any matter before the police court, if he deems it appropriate, instead of the police commissioner who usually performs these functions under the supervision of the public prosecutor. However, where forestry offences are referred to the police courts,…

Read More »

Article 48 of the French Code of Criminal Procedure

If there is no police commissioner at the place where the police court sits, the public prosecutor shall designate, to exercise the functions of the public prosecutor, a police commissioner or a police commander or captain residing within the jurisdiction of the judicial court or, failing that, of an adjoining judicial court located in the same department.

Read More »

Article 48-1 of the French Code of Criminal Procedure

The automated national order office for legal proceedings is an automated application, placed under the control of a magistrate, containing nominative information relating to complaints and denunciations received by public prosecutors or investigating judges and the action taken on them, and which is intended to facilitate the management and monitoring of legal proceedings by the competent courts, the provision of information to victims and reciprocal knowledge between courts of proceedings…

Read More »

Article 49 of the French Code of Criminal Procedure

The investigating judge is responsible for carrying out the information, as set out in Chapter I of Title III. He may not, on pain of nullity, participate in the judgment of criminal cases that he has heard in his capacity as an investigating judge. The investigating judge shall exercise his duties at the seat of the judicial court to which he belongs.

Read More »

Article 50 of the French Code of Criminal Procedure

The investigating judge, chosen from among the judges of the court, is appointed in the forms provided for the appointment of judges. If necessary, another judge may be temporarily entrusted, in the same forms, with the duties of investigating judge concurrently with the magistrate appointed as stated in the first paragraph. If the First President delegates a judge to the court, he may also, under the same conditions, temporarily entrust…

Read More »

Article 51 of the French Code of Criminal Procedure

The investigating judge may only inform the public after being seized by an indictment from the public prosecutor or by a complaint with civil party status, under the conditions set out in the articles 80 and 86. In the event of flagrant crimes or offences, he exercises the powers attributed to him by Article 72. The investigating judge, in the exercise of his duties, has the right to directly request…

Read More »

Article 52 of the French Code of Criminal Procedure

The investigating judge of the place where the offence was committed, the investigating judge of the place of residence of one of the persons suspected of having taken part in the offence, the investigating judge of the place where one of these persons was arrested, even when the arrest was made for another reason, and the investigating judge of the place where one of these persons was detained, even when…

Read More »

Article 52-1 of the French Code of Criminal Procedure

There are one or more investigating judges in each département. Where there are several judicial courts in a department, a decree may determine the list of courts in which there is no investigating judge. This decree specifies the judicial court whose investigating judge or judges are competent to hear information concerning offences falling within the scope of Article 43, of the jurisdiction of the public prosecutor of the court in…

Read More »

Contact a French lawyer now

Contact a French Business Lawyer

Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.

Useful links

You have a question in French Business Law?

Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.

All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.