In the event of an appeal, even if inadmissible, being lodged against an order provided for in the first paragraph of article 179, the Investigating Chamber shall rule within two months of the date on which the appeal was lodged, failing which the detainee shall be automatically released.
The time limits relating to the length of pre-trial detention provided for in articles 145-1 to 145-3 are no longer applicable once the investigating judge has issued his order for referral to the trial court, even if an appeal has been lodged against this order.
Where an appeal is lodged against an order other than a settlement order or where the case is referred directly to the Investigating Chamber, pursuant to Articles 81, ninth paragraph, 82-1, second paragraph, 156, second paragraph, or 167, penultimate paragraph, the investigating judge shall continue his investigation, including, where applicable, until the case is settled, unless the president of the investigating chamber decides otherwise. This decision is not subject to…
In the event of an appeal against an order to remand a person in custody, the accused or the public prosecutor may, if the appeal is lodged no later than the day following the decision to remand the person in custody, ask the president of the investigating chamber or, if he is unable to do so, the magistrate who replaces him, to consider his appeal immediately without waiting for the…
The person lodging the appeal provided for in Article 187-1 may request that it be examined directly by the Investigating Chamber. In this case, a decision is taken at the latest on the fifth working day following the request, based on the information in the file.
In the case provided for in the second paragraph of article 148-1-1, the public prosecutor who appeals against an order for release that is contrary to his or her recommendations within four hours of being notified of the order must, on pain of inadmissibility, at the same time apply to the first president of the court of appeal or, if he or she is unable to do so, to the…
An investigated person in respect of whom the investigating judge has said that there are no grounds to proceed may no longer be sought for the same act, unless new charges arise.
New charges include witness statements, exhibits and minutes which, although they could not be submitted to the examining magistrate for examination, are nevertheless of such a nature as either to strengthen the charges which would have been found too weak, or to give the facts new developments useful to the ascertainment of the truth.
It is for the public prosecutor alone to decide whether to request that the investigation be reopened on new charges.
Each court of appeal comprises at least one investigating chamber. This court is composed of a chamber president, exclusively attached to this service, and two councillors who may, if necessary, provide service to the other chambers of the court. The president of the investigating chamber is appointed by decree, after consulting the Conseil supérieur de la magistrature. If the president of the investigating chamber is absent or unable to act,…
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75001, Paris France
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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Paris Bar Registration n° (Toque) C2396
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