I.-Requests to acquaint oneself with the case file made, pursuant to II of Article 77-2, by a suspected person may be addressed to the Public Prosecutor through their lawyer. In this case, the request may be sent by a secure means of telecommunication in accordance with the provisions of article D. 591.
If the request is made pursuant to 3° of II of Article 77-2, it must include all documents justifying that the presumption of innocence of the person has been infringed by a means of communication to the public and in particular, if applicable, a copy of the sound or audiovisual recordings. The public prosecutor may ask the applicant for additional documents establishing the reality of the infringement.
This request is placed in the case file by the public prosecutor, at the latest when the investigation has been completed and the minutes have been sent to this magistrate pursuant to Article 19.
II.-Within one month of receipt of the request or, in the case provided for in paragraph 2 of I of this article, of receipt of the additional documents requested, the public prosecutor will inform the person, by means of a written decision which will be added to the file in accordance with the last paragraph of I of this article and which will be notified to the person by any means:
1° Either that he agrees to disclose the file, in order to allow the subsequent submission of observations that may consist of requests for acts;
2° Or that the conditions laid down in 1°, 2° or 3° of II of Article 77-2 are not met, and that he refuses such disclosure;
3° Or the conditions provided for in 1°, 2° or 3° of II of Article 77-2 are not met, but he accepts this communication pursuant to I of this article;
4° Or he considers that the disclosure requested is likely to prejudice the effectiveness of the investigations, and that he therefore defers the disclosure for a period that he specifies and that may not exceed six months from receipt of the request or, if the investigation concerns crimes or offences mentioned in Articles 706-73 or 706-73-1 or falling within the jurisdiction of the anti-terrorist public prosecutor, which may not exceed one year from that date.
In the cases provided for in 1° and 3°, the public prosecutor may inform the person that certain documents in the proceedings will not be made available to him or her because of the risk of pressure being put on the victims, other defendants, their lawyers, witnesses, investigators, experts or any other person involved in the proceedings.
In the cases provided for in 2° to 4° and in the previous paragraph, the prosecutor’s decision must state the reasons on which it is based, without this statement of reasons revealing elements likely to undermine the effectiveness of the investigations. In particular, in the case mentioned in the previous paragraph, the list and nature of the documents withheld are not brought to the person’s attention. The Public Prosecutor’s decision shall state that it may be appealed to the Attorney General. The Attorney General’s decision, handed down within one month of the matter being referred to him, shall be placed in the file in accordance with the last paragraph of I of this article.
III.-The file may be made available by any means. It may consist of consulting the documents in the file on the premises of the judicial court or of providing a copy of the proceedings. The provisions of article D. 593-2 are then applicable.
The person has a period of one month from the date the file is made available to formulate his observations by registered letter with acknowledgement of receipt or by declaration to the court registry against receipt. The observations made by the lawyer may be sent by a secure means of telecommunication in accordance with the provisions of article D. 591. During this one-month period, the public prosecutor may not, in accordance with the seventh paragraph of II of article 77-2, take any prosecution decision other than the opening of an investigation, the application of article 393 or recourse to the procedure of appearance on prior recognition of guilt provided for in articles 495-7 to 495-13.
IV.-The observations made pursuant to Article 77-2 and the information sent back by the Public Prosecutor on the action taken are placed in the file in accordance with the last paragraph of I of this Article. Where these observations consist of a request for action to be taken, the public prosecutor shall inform the person of the action he intends to take within one month of receiving the observations. If the Public Prosecutor refuses to carry out a requested action, he will issue a reasoned decision indicating that it may be contested before the Public Prosecutor, which will be added to the file under the same conditions. If the Public Prosecutor fails to respond within one month, which is equivalent to a refusal to carry out the requested acts, the person may also challenge this refusal before the Public Prosecutor. The Public Prosecutor shall take a decision within one month of the matter being referred to him, by means of a reasoned decision placed in the file in accordance with the last paragraph of I of this article.
V.- Referrals to the Public Prosecutor as provided for in Article 77-2 shall be made by registered letter with acknowledgement of receipt or by declaration to the court registry against receipt or, where they are made by a lawyer, by a secure means of telecommunication in accordance with the provisions of Article D. 591. If the person refers the matter to the Principal State Prosecutor because the latter has failed to respond within one month, he or she shall at the same time inform the Principal State Prosecutor by the same means. This referral lapses if the Public Prosecutor subsequently grants the request for access to the file or the request for documents.
VI.-Where the investigation concerns several suspected persons and the Public Prosecutor grants the request for access to the proceedings made by one of them, he is not obliged to grant the same rights to the other suspected persons, without prejudice to his possibility of doing so if he considers it possible and appropriate, pursuant to I of Article 77-2.