Where a case is referred to the Investigating Chamber pursuant to Article 706-120, its president shall order, either of his or her own motion or at the request of the civil party, the public prosecutor or the person under investigation, the personal appearance of the latter if his or her condition so permits, after having, if necessary, ordered a psychiatric examination to update the expert reports in the file. If the defendant is not assisted by a lawyer, the President of the Bar appoints one ex officio at the request of the President of the court. This lawyer represents the person even if he or she is unable to appear.
The hearings take place and the judgment is handed down in open court, except in the cases of in camera proceedings provided for in Article 306.
The President shall proceed to question the accused, if present, in accordance with Articles 406 and 442.
Experts who have examined the person under examination must be heard by the investigating chamber, in accordance with Article 168.
On the decision of its President, the court may also hear during the proceedings, in accordance with Articles 436 to 457, the witnesses called by the parties or the public prosecutor if their hearing is necessary to establish whether there are sufficient charges against the person for having committed the acts of which he or she is accused and to determine whether the first paragraph of Article 122-1 of the Criminal Code is applicable. It shall hear the civil party if the latter so requests.
The Public Prosecutor, the lawyer for the person under investigation and the lawyer for the civil party may put questions to the person under investigation, the civil party, the witnesses and the experts, in accordance with Article 442-1 du présent code.
The accused, if present, and the civil party may also ask questions through the president.
Once the investigation at the hearing is completed, the civil party’s lawyer is heard and the public prosecutor makes his closing arguments.
The accused, if present, and his lawyer present their observations.
The reply is allowed to the civil party and the public prosecutor, but the accused, if present, and his lawyer will have the last word.