The person under investigation, the assisted witness or the civil party may, on expiry of the period indicated to him pursuant to the ninth paragraph of Article 116 or the second paragraph of Article 89-1 from, respectively, the date of the indictment, the first hearing or the filing of a civil action, request the investigating judge, in accordance with the procedures set out in the tenth paragraph of of Article 81, to order that the case be referred or indicted to the trial court or to declare that there are no grounds to proceed, including, where appropriate, by proceeding with a severance. This request may also be made if no investigative act has been carried out for a period of four months.
Within one month of receiving this request, the examining magistrate either grants it or declares, by reasoned order, that there are grounds to continue the investigation. In the first case, he shall proceed as provided for in this section. In the second case, or if the judge fails to rule within one month, the accused person, the assisted witness or the civil party may refer the matter to the President of the Examining Chamber pursuant to Article 207-1. This referral must be made within five days of notification of the judge’s decision or the expiry of the one-month period.
When the investigating judge has declared that he is continuing his investigation, a new request may be made on expiry of a six-month period.
The provisions of this article shall not apply after the dispatch of the notice provided for in I of Article 175.