Legifrance - Le service public de l'accès au droit

FIRST PART: LEGISLATIVE

(Inserted by Law n° 2000-516 of 15 June 2000 Article 1 Official Journal of 16 June 2000)

I. Criminal procedure should be fair and adversarial and preserve a balance between the rights of the parties.

It should guarantee a separation between those authorities responsible for prosecuting and those responsible for judging.

Persons who find themselves in a similar situation and prosecuted for the same offences should be judged according to the same rules.

II. The judicial authority ensures that victims are informed and that their rights are respected throughout any criminal process.

III. Every person suspected or prosecuted is presumed innocent as long as his guilt has not been established. Attacks on his presumption of innocence are proscribed, compensated and punished in the circumstances laid down by statute.

He has the right to be informed of charges brought against him and to be legally defended.

The coercive measures to which such a person may be subjected are taken by or under the effective control of judicial authority. They should be strictly limited to the needs of the process, proportionate to the gravity of the offence charged and not such as to infringe human dignity.

The accusation to which such a person is subjected should be brought to final judgment within a reasonable time.

Every convicted person has the right to have his conviction examined by a second tribunal.

Article 1

Public prosecution for the imposition of penalties is initiated and exercised by the judges, prosecutors or civil servants to whom it has been entrusted by law.

This prosecution may also be initiated by the injured party under the conditions determined by the present Code.

Article 2

(Ordinance n° 58-1296 of 23 December 1958 Article 1 Official Journal of 24 December 1958 in force on 2 March 1959)

Civil action aimed at the reparation of the damage suffered because of a felony, a misdemeanour or a petty offence is open to all those who have personally suffered damage directly caused by the offence.

The waiver of a civil action will not interrupt or suspend the exercise of the public prosecution, subject to the cases set out under the third paragraph of article 6.

Article 2-1

(Law n° 92-1336 of 16 December 1992 Article 1 Official Journal of 23 December 1992 in force on 1 March 1994)

Any association lawfully registered for at least five years on the date of offence, proposing through its constitution to combat racism or to assist the victims of discrimination grounded on their national, ethnic, racial or religious origin, may exercise the rights granted to the civil party in respect of, first, discrimination punished by articles 225-2 and 432-7 of the Criminal Code, and, secondly, the intentional offences against the life or physical integrity of persons, and destruction, defacement and damage punished by articles 221-1 to 221-4, 222-1 to 222-18 and 322-1 to 322-13 of the Criminal Code, committed to the prejudice of a person because of his national origin, or his membership or non-membership, real or supposed, to any given ethnic group, race or religion.

Article 2-2

(Law n° 80-1041 of 23 December 1980 Article 3 Official Journal of 24 December 1980)

(Law n° 92-1336 of 16 December 1992 Article 2 Official Journal of 23 December 1992 in force on 1March 1994)

Any association lawfully registered for at least five years on the date of offence, the statutory objectives of which include the combating sexual violence or violence inflicted upon a member of the family, may exercise the rights granted to the civil party in respect of intentional offences against the life or physical integrity of persons, aggressions and other sexual offences, kidnapping, sequestration and unlawful penetration into a domicile, punished by articles 221-1 to 221-4, 222-1 to 222-18, 222-23 to 222-33, 224-1 to 224-5, 226-4, 227-25, 227-26, 227-27 and 432-8 of the Criminal Code. However, the association's action will only be admissible if it proves it obtained the consent of the victim or, where the latter is a minor, the consent of the person holding parental authority or that of the legal representative, or failing this, that of the guardianship judge in charge of the case pursuant to article 389-3 of the Civil Code. This condition is however not required where the offences were committed abroad and where the provisions of the second paragraph of article 222-22 or of article 227-27-1 of the Criminal Code are implemented.

Article 2-3

(Law n° 81-82 of 2 February 1981 Article 19-ii Official Journal of 3 February 1981)

(Law n° 92-1336 of 16 December 1992 Article 1 Official Journal of 23 December 1992 in force on 1 March 1994)

Any association lawfully registered for at least five years on the date of offence proposing through its constitution to defend or assist cruelly-treated children or minors victims of sexual assault may exercise the rights granted to the civil party in respect of torture and acts of barbarity, acts of violence and sexual aggressions committed against minors and the offence of endangering minors punished by articles 222-3 to 222-6, 222-8, 222-10, 222-12, 222-13, 222-14, 222-15, 222-24, 222-25, 222-26, 222-29, 222-30, 227-22, 227-25, 227-26 and 227-27 of the Criminal Code, where the public prosecution has been initiated by the public prosecutor or by the injured party.

Article 2-4

(Law n° 81-82 of 2 February 1981 Article 88 Official Journal of 3 February 1981)

(Law n° 83-466 of 10 June 1993 Official Journal of 11 June 1983 in force on 27 June 1983)

Any association lawfully registered for at least five years proposing in its constitution to combat crimes against humanity or war crimes, or to defend the moral interests and the honour of the Resistance or of those of deported persons, may exercise the rights granted to the civil party in respect of war crimes and crimes against humanity.

Article 2-5

(Inserted by Law n° 83-466 of 10 June 1983 Article 36-ii Official Journal of 11 June 1983 in force on 27 June 1983)

Any association lawfully registered for at least five years on the date of offence proposing through its constitution to defend the moral interests and the honour of the Resistance or those of deported persons may exercise the rights granted to the civil party in respect of the vindication of war crimes or felonies or misdemeanours of collaboration with the enemy, or the destruction or defacement of monuments, or the desecration of graves, or the misdemeanours of defamation or insult, which have caused direct or indirect harm to its objectives.

Article 2-6

(Law n° 92-1179 of 2 n°vember 1992 Article 4 Official Journal of 24 n°vember 1992)

(Law n° 92-1336 of 16 December 1992 Article 4 Official Journal of 23 December 1992 in force on 1March 1994)

Any association lawfully registered for at least five years on the date of offence proposing in its constitution to combat discrimination based on gender or sexual morals may exercise the rights granted to the civil party in respect of discrimination under articles 225-2 and 432-7 of the Criminal Code, where such offences are committed because of the gender, family situation or sexual morals of the victim, and by article L. 123-1 of the Labour Code.

However, in respect of the violations of the provisions of the last paragraph of article L. 123-1 of the Labour Code and of the four last paragraphs of article 6 of law no. 83-634 of July 13, 1983 governing the rights and duties of civil servants, the association's action will only be admissible if it proves it has obtained the written consent of the person concerned, or, if the latter is a minor, having heard his opinion, that of the holder of parental authority or legal representative.

The association may also exercise the rights of the civil party in cases of intentional attacks on the life or integrity of persons and of destruction, defacement or damage punished by articles 221-1 to 221-4, 222-1 to 222-18 and 322-1 to 322-13 of the Criminal Code, where the acts were committed by reason of the sex or sexual morals of the victim, provided it shows that it has received the victim's consent, or if the latter is a minor an adult under a guardianship order, that of his legal representative.

Article 2-7

(Inserted by Law n° 87-565 of 22 July 1987 Article 35 Official Journal of 23 July 1987)

In the event of a prosecution for arson committed in woods and forests, heaths, scrubs, garrigues, plantations or reforestation, public law legal persons may file a civil party action with the trial court aimed at obtaining the refund by the convicted person of the expenses incurred in fighting the fire.

Article 2-8

(Law n° 89-18 of 13 January 1989 Article 66 Official Journal of 14 January 1989)

(Law n° 92-1336 of 16 December 1992 Article 5 Official Journal of 23 December 1992 in force on 1March 1994)

Any association lawfully registered for at least five years on the date of offence which by its constitution aims to defend or assist sick or handicapped persons may exercise the rights granted to the civil party in respect of discrimination punished by articles 225-2 and 432-7 of the Criminal Code, where it was committed by reason of the state of health or handicap of the victim. However, the association's action will only be admissible if it proves it has obtained the consent of the victim or, where the latter is a minor or an adult placed under a guardianship order, the consent of the legal representative.

Any association lawfully registered for at least five years on the date of offence which by its constitution aims to defend or assist sick or handicapped persons may also exercise the rights granted to the civil party in respect of the violations of article L. 111-7 of the Construction and Housing Code, set out and punished by article L. 152-4 of the same Code.

Article 2-9

(Inserted by Law n° 90-589 of 6 July 1990 Article 1 Official Journal of 11 July 1990)

Any association lawfully registered for at least five years on the date of offence proposing through its constitution to assist the victims of offences may exercise the rights granted to the civil party in respect of the offences falling within the scope of article 706-16, where a prosecution has been initiated by the public prosecutor or by the injured party.

Article 2-10

(Law n° 92-1336 of 16 December 1992 Article 6 Official Journal of 23 December 1992 in force on 1March 1994)

Any association lawfully registered for at least five years on the date of offence which by its constitution is devoted to combating the social or cultural exclusion of persons in a state of great poverty or because of their family situation, may exercise the rights granted to the civil party in respect of the discrimination punished by articles 225-2 and 432-7 of the Criminal Code. However, the association's action will only be admissible if it proves it has obtained the consent of the victim or, where the latter is a minor or an adult placed under a guardianship order, the consent of the legal representative.

Article 2-11

(Inserted by Law n° 91-1257 of 17 December 1991 Article 1 Official Journal of 19 December 1991)

Any association lawfully registered for at least five years on the date of offence and registered with the national board for war veterans and war victims under the conditions fixed by a Council of State Decree, proposing through its constitution to defend the moral interests and the honour of war veterans, war victims and of persons fallen for France may exercise the rights granted to the civil party in respect of the defacement or destruction of monuments or the desecration of graves, which have caused direct or indirect harm to its objectives.

Article 2-12

(Inserted by Law n° 93-2 of 4 January 1993 Article 1 Official Journal of 5 January 1993)

Any association lawfully registered for at least five years on the date of offence proposing through its constitution to fight against criminality on the road and to defend or assist the victims of such criminality may exercise the rights granted to the civil party in respect of the misdemeanours of unintentional homicide or wounding committed in the course of the driving of a motor-powered land vehicle, where the prosecution has been initiated by the public prosecutor or by the injured party.

However, the association's action will only be admissible if it proves it has obtained the consent of the victim or, where the latter is a minor, the consent of the holder of parental authority or that of the legal representative

Article 2-13

(Law n° 94-89 of 1 February 1994 Article 16 Official Journal of 2 February 1994 in force on 2 February 1994)

Any association lawfully registered for at least five years on the date of offence the statutory objective of which is the defence and protection of animals, may exercise the rights granted to the civil party in respect of the offences punishing serious acts of violence or acts of cruelty and maltreatment of animals, and also intentional offences against the lives of animals set out by the Criminal Code.

Article 2-14

(Inserted by Law n° 94-665 of 4 August 1994 Article 19 Official Journal of 5 August 1994)

Any association lawfully registered proposing through its constitution to defend the French language and which is accredited under the conditions determined by a Council of State Decree may exercise the rights granted to the civil party in respect of violations of the provisions taken for the implementation of articles 2, 3, 4, 6, 7 and 10 of law no. 94-665 of August 4, 1994 governing the use of the French language.

Article 2-15

(Inserted by Law n° 95-125 of 8 February 1995 Article 51 Official Journal of 9 February 1995)

Any association lawfully registered the statutory objective of which is the defence of victims of an accident occurring on public transport or within locations or premises open to the public and bringing together a number of such victims may, if it has been authorised for this purpose, exercise the rights granted to the civil party in respect of this accident where the prosecution has been initiated by the public prosecutor or by the injured party.

The conditions pursuant to which the associations considered under the first paragraph may be accredited, after hearing the opinion of the public prosecutor on whether they are representative, are determined by decree.

Article 2-16

(Inserted by Law n° 96-392 of 13 May 1996 Article 19 Official Journal of 14 May 1996)

Any association lawfully registered for at least five years on the date of offence proposing in its constitution to combat drug addiction or drug trafficking may exercise the rights granted to the civil party in respect of the offences set out by articles 222-34 to 222-40 and by article 227-18-1 of the Criminal Code, where the prosecution has been initiated by the public prosecutor or by the injured party.

Article 2-17

Any association of public utility lawfully registered for at least five years on the date of the offence proposing by its statutes to defend and assist the individual or to defend individual and group freedom may, where acts are committed by a natural or legal person in the framework of a movement or organisation having as its object or effect the creation, maintenance or exploitation of psychological or physical subjection, exercise the rights of a civil party in respect of offences of intentional or unintentional infringement of the life or physical or mental integrity of a person, infringement ofa person's dignity, endangerment of a person, breach against the liberties of a person, breach against the dignity of a person, infringement of personality, endangering minors or harm to property provided under articles 221-1 to 221-6, 222-1 to 222-40, 223-1 to 223-15, 223-15-2, 224-1 to 224-4, 225-5 to 225-15, 225-17 and 225-18, 226-1 to 226-23, 227-1 to 227-27, 311-1 to 311-13, 312-1 to 312-12, 313-1 to 313-3, 314-1 to 314-3 and 324-1 to 324-6 of the Criminal Code, offences of illegal practice of medicine or of pharmacy as under the articles L.4161-5 and L.4223-1 of the Code of Public Health, offences of misleading advertising, frauds or forgery provided under articles L.121-6 and L213-1 to L.213-4 of the Consumers' Code.

Article 2-18

(Inserted by Law n° 2000-516 of 15 June 2000 Article 107 Official Journal of 16 June 2000)

An association lawfully registered for at least five years, proposing by its statutes to defend or to assist victims of industrial accidents or diseases may exercise the rights of a civil party in respect of the offences provided under articles 221-6, 222-119 and 222-20 of the Criminal Code committed in the course of a trade or business where a public prosecution has been instituted by the public prosecutor or an aggrieved party.

However, the association's action will only be admissible where it proves it has obtained the consent of the victim, or, where the latter is a minor, that of the holder of parental authority or that of the legal representative.

Article 2-19

(Inserted by Law n° 2000-516 of 15 June 2000 Article 108 Official Journal of 16 June 2000)

A departmental association of mayors lawfully registered, affiliated to the Association of Mayors of France, and the constitution of which has been filed for at least five years, may exercise the rights of a civil party in all the proceedings brought by municipal councillors in relation to insults, contempt, threats or bodily harm by reason of their occupations.

However, the association's action will only be admissible if it proves it has obtained the consent of the elected office-holder.

Article 3

The civil action may be exercised at the same time as the public prosecution and before the same court.

It is admissible for any cause of damage, whether material, bodily or moral, which ensue from the actions prosecuted.

Article 4

However, the judgment in any action exercised before the civil court is suspended until a final decision is made on the merits of the public prosecution where such a prosecution has been initiated.

Article 4-1

(Inserted by Law No. 2000-647 of 10 July 2000 Article 2 Official Journal of 11 July 2000)

The absence of a non-intentional criminal liability within the meaning of Article 121-3 of the Criminal Code does not bar the exercise of an action before the civil courts with a view to obtaining compensation for damage pursuant to article 1382 of the Civil Code where the existence of civil liability under that article is established, or under that of article L.452-1 of the Code of Social Security where the existence of a strict liability under this article is established.

Article 5

The party who has brought his action before the competent civil court may not bring it before the criminal court. It may only be otherwise where the case was filed with the criminal court by the public prosecutor before a judgment on the merits was made by the civil court.

Article 5-1

(Inserted by Law n° 83-608 of 8 July 1983 Article 2 Official Journal of 9 July 1983 correction 14 July in force on 1 September 1983)

Even when the claimant has filed a civil party suit before the criminal court, the civil court remains competent to make a referral order imposing any interlocutory measure in respect of the actions prosecuted, where the existence of the obligation cannot be seriously disputed.

Article 6

(Ordinance n° 58- 1296 of 23 December 1958 Article 1 Official Journal of 24 December 1958 in force on 2 March 1959)

The public prosecution for the imposition of a penalty is extinguished by the death of the defendant, by limitation, amnesty, the repeal of the criminal law and res judicata.

However, if a prosecution resulting in conviction has revealed the falsity of the judgment or decision which declared the public prosecution extinguished, the prosecution may be resumed. The limitation period is then treated as suspended from the date when the judgment or decision became final until that of the conviction of the person guilty of forgery or the use of forgery.

It may also be extinguished by a transaction where the law expressly so provides, or by a criminal mediation settlement. It is the same in the event of the withdrawal of a complaint, where such complaint is a condition necessary to prosecution.

Article 6-1

(Inserted by Law n° 95-125 of 8 February 1995 Article 55 Official Journal of 9 February 1995)

Where a felony or misdemeanour is alleged to have been committed in the course of a judicial prosecution and would imply the violation of a provision concerning criminal procedure, prosecution may only be initiated if the criminal court seised with the case found the prosecution or step taken on that occasion to be unlawful. The limitation period for the prosecution runs from this last decision.

Article 7

(Law n° 57-1426 of 31 December 1957 Official Journal of 8 January 1958 in force on 8 April 1958)

(Law n° 92-1336 of 16 December 1992 Article 7 Official Journal of 23 December 1992 in force on 1March 1994)

(Law n° 95-116 of 4 February 1995 Article 121 Official Journal of 5 February 1995)

Subject to the provisions of article 213-5 of the Criminal Code, prosecution in felony cases time-barred by the passing of ten years from the day of the commission of the crime if, during this period, no step in investigation or prosecution was taken.

Where such steps were taken, it is time-barred only after the passing of ten years starting from the last step taken. This applies even in respect of those persons who would not have been affected by this investigation or prosecution step.

The limitation term for the prosecution of felonies committed against minors starts to run only from their coming of age.

Article 8

(Law n° 95-116 of 4 February 1995 Article 121 Official Journal of 5 February 1995)

For misdemeanours, the prosecution limitation period is of three complete years; it operates according to the distinctions set out under the previous article.

The limitation period for the prosecution of the misdemeanours committed against minors set out and punished by articles 222-9, 222-11 to 222-15, 222-27 to 222-30, 225-7, 227-22 and 227-25 to 227-27 of the Criminal Code only starts to run from their coming of age.

By way of exception to the provisions of the first paragraph, the limitation period is ten years where the victim is a minor and where the offence is one of the misdemeanours set out in articles 222-30 and 227-26 of the Criminal Code.

Article 9

For petty offences, the public prosecution limitation period is one complete year; it operates according to the distinctions set out in article 7.

Article 10

(Ordinance n° 58- 1296 of 23 December 1958 Article 1 Official Journal of 24 December 1958 in force on 2 March 1959)

(Law n° 80-1042 of 23 December 1980 Article 1 Official Journal of 24 December 1980)

(Law n° 81-82 of 2 February 1981 Article 82 Official Journal of 3 February 1981)

The civil action is time-barred according to the rules of the Civil Code. However, this action may not be brought before the criminal court after the expiry of the public prosecution limitation period.

After reaching a decision in respect of the public prosecution , any investigation measures ordered by the criminal judge concerning civil claims follow civil procedure rules.

TITLE I - AUTHORITIES IN CHARGE OF PUBLIC PROSECUTION AND OF JUDICIAL INVESTIGATION - COMMON PROVISIONS. (Art. 11)

Article 11

(Law n° 92-1336 of 16 December 1992 Article 8 Official Journal of 23 December 1992 in force on 1March 1994)

Except where the law provides otherwise and subject to the defendant's rights, the enquiry and investigation proceedings are secret.

Any person contributing to such proceedings is subjected to professional secrecy under the conditions and subject to the penalties set out by articles 226-13 and 226-14 of the Criminal Code.

However, in order to prevent the dissemination of incomplete or inaccurate information, or to quell a disturbance to the public peace, the district prosecutor may, on his own motion or at the request of the investigating court or parties, publicise objective matters related to the procedure that convey no judgement as to whether or the charges brought against the defendants are well founded.

Article 12

Judicial police operations are carried on under the direction of the district prosecutor by the officers, civil servants and agents designated by the present Title.

Article 13

(Law n° 2000-516 of 15 June 2000 Article 83 Official Journal of 16 June 2000 in force on 1 January 2001)

Within each appeal court's territorial jurisdiction the judicial police is placed under the supervision of the public prosecutor and under the control of the investigating chamber in accordance with article 224 onwards.

Article 14

According to the distinctions set out in the present title, the judicial police are charged with the task of discovering violations of the criminal law, of gathering evidence of such violations and of identifying their perpetrators, unless and until a judicial investigation has been initiated.

Where a judicial investigation is initiated, they carry out the duties delegated to them by the judicial investigation authorities and defer to their orders.

Article 15

3° the civil servants and agents to whom the law assigns certain judicial police functions.

Article 15-1

(Inserted by Law n° 94-89 of 1 February 1994 Article 1 Official Journal of 2 February 1994 in force on 2 February 1994)

The categories of services or units within which the judicial police officers and agents considered under sections II and III of the present chapter exercise their current functions, the modes of creation of such services or units and the criteria for fixing their area of jurisdiction are set out by a Council of State Decree taken upon the report of the Minister of Justice and of the Minister concerned.

Article 15-2

Administrative enquiries relating to the behaviour of an officer or agent of the judicial police when carrying out his duties in the judicial police are carried out by a combination of the General Inspectorate of Judicial Services and the competent service of enquiry. They may be ordered by the Minister of Justice and are then directed by a judge or prosecutor.

Article 15-3

(Inserted by Law n° 2000-516 of 15 June 2000 Article 114 Official Journal of 16 June 2000)

The judicial police are obliged to receive complaints filed by victims of offences committed against the criminal law and to transmit them, should the occasion arise, to the service or group of judicial police competent for the area in question.

Article 16

(Law n° 72-1226 of 29 December 1972 Article 17 Official Journal of 30 December 1972)

(Law n° 85-1196 of 18 n°vember 1985 Article 1 and 8 Official Journal of 19 n°vember 1985 in force on 11 January 1986)

(Law n° 94-89 of 1 February 1994 Article 2 Official Journal of 2 February 1994 in force on 2 February 1994)

(Law n° 95-125 of 8 February 1995 Article 53 Official Journal of 9 February 1995)

(Law n° 98-1035 of 18 n°vember 1998 Article 1 Official Journal of 19 n°vember 1998)

2° officers and non-commissioned officers of the Gendarmerie, the gendarmes having at least three years service with the Gendarmerie, upon a nominative appointment made by a decision of the Ministers of Justice and Defence after hearing the binding opinion of a commission;

3° inspectors general, active police deputy-directors, general controllers, police superintendents, civil servants appointed to the commanding and supervising bodies of the national police, upon a nominative appointment by a decision of the Ministers of Justice and defence after hearing the binding opinion of a commission.

The composition of the commissions provided for under points 2° and 3° are determined by a Council of State Decree taken upon the report of the Minister of Justice and of the other Ministers concerned.

Also holding the capacity of judicial police officer are the persons holding the functions of director or deputy-director of the judicial police under the Minister for the Interior, and of director or deputy director the Gendarmerie at the Ministry of Armed Forces.

The civil servants mentioned under points 2° and 3° above may not effectively exercise the attributions entailed by their capacity of judicial police officer, nor claim such capacity, unless they are appointed to a position which calls for such exercise and pursuant to a decision of personal accreditation made by the public prosecutor attached to the local appeal court. The exercise of these attributions is temporarily suspended during the time of their participation, as a formed unit, in an operation for the maintenance of public order. If they belong to a service whose jurisdiction extends beyond the area of the appeal court, the accreditation decision is made by the public prosecutor attached to the appeal court where the seat of their functions is located.

The conditions for the granting, withdrawal and suspension for a given period of time of the accreditation provided for by the previous paragraph are fixed by a Council of State Decree taken upon the report of the Minister of Justice and of the other Ministers concerned.

Article 16-1

(Inserted by Law n° 75-701 of 6 August 1975 Article 21 Official Journal of 7 August 1975 in force on 1 January 1976)

Within one month of the notification of the decision to suspend or withdraw his accreditation, a judicial police officer may apply to the public prosecutor to have this decision set aside. The public prosecutor must rule within one month. Failing this, his silence amounts to a dismissal of the application.

Article 16-2

(Inserted by Law n° 75-701 of 6 August 1975 Article 21 Official Journal of 7 August 1975 in force on 1 January 1976)

Within one month from the explicit or implicit dismissal provided for by the previous article, the judicial police officer may file a petition before a commission composed of three judges of the Court of Cassation holding the rank of president of division or judge. These judges are appointed annually by the office of the Court of Cassation, at the same time as three alternative judges.

The public prosecutor's duties are carried out by the general prosecution office attached to the Court of Cassation.

Article 16-3

(Inserted by Law n° 75-701 of 6 August 1975 Article 21 Official Journal of 7 August 1975 in force on 1 January 1976)

The commission rules by making a non-reasoned decision. The hearing is held and the decision is given in chambers. The hearing is oral; the applicant may be heard in person, on his own application or on that of his counsel; he may be assisted by his counsel.

Article 17.

Judicial police officers exercise the powers defined in article 14; they receive complaints and denunciations; they undertake police preliminary inquiries pursuant to the conditions provided for by articles 75 to 78.

In the event of a flagrant felony or misdemeanour, they exercise the powers which are conferred upon them by articles 53 to 67.

They have the right to directly request the support of police for the execution of their task.

Article 18

(Ordinance n° 58-1296 of 23 December 1958 art. 1 Official Journal of 24 December 1958 in force 1 March 1959)

(Law n° 72-1226 of 29 December 1972 Article 18 Official Journal of 30 December 1972)

(Law n° 85-1196 of 18 n°vember 1985 Articles 2 and 8 Official Journal of 19 n°vember 1985 in force on 1 January 1986)

(Ordinance n° 92-1149 of 2 October 1992 Article 20 Official Journal of 16 October 1992 in force on 1 January 1993)

(Law n° 94-89 of 1 February 1994 Article 3 Official Journal of 2 February 1994 in force on 2 February 1994)

(Law n° 95-125 of 8 February 1995 Article 54 Official Journal of 9 February 1995)

Judicial police officers are competent within the territorial limits where they perform their usual functions.

Judicial police officers who do not perform their usual functions within the whole jurisdictional area of the district first-instance court to which they are attached may, in case of urgency or of a flagrant felony or misdemeanour, operate over this entire area to pursue their inquiries and proceed with examinations, searches and seizures.

In the event of a flagrant felony or misdemeanour, judicial police officers may go to the jurisdictonal area of the district first-instance courts adjacent to the court or courts to which they are attached, in order to pursue their inquiries and proceed with examinations, searches and seizures. For the implementation of the present paragraph, the jurisdictional areas of the Paris, Nanterre, Bobigny and Créteil district first-instance courts are considered as a single area.

In case of urgency, the judicial police officers may, acting in accordance with an express rogatory letter from the investigating judge or upon a requisition made by the district prosecutor taken in the course of a preliminary police enquiry or a flagrancy enquiry, proceed with the operations prescribed by the judge or prosecutor over the entire national territory. They are required to be accompanied by a judicial police officer exercising his functions in the area concerned, if the judge or prosecutor issuing the rogatory letter or requisition so decides. The district prosecutor with territorial competence is informed of this by the judge or prosecutor ordering the operation.

In case of need they may, upon a proposition made by the administrative authorities on which they depend, and upon the accreditation made by the public prosecutor, obtain jurisdiction within the district territorial limits of the judicial police officers they are called upon to replace.

The judicial police officers or agents who carry out their task in vehicles for the public service transport of travellers or within the premises designed for the access to such means of transport, the territorial limits of which exceed the boundaries of their area of posting, are competent to operate in such premises or on vehicles pursuant to the conditions determined by a Council of State Decree, issued on the report of the Minister of Justice and of the other Minister concerned.

Article 19.

Judicial police officers are required to notify the district prosecutor forthwith of the felonies, misdemeanours and petty offences of which they have knowledge. As soon as their operations are concluded, they must send him the original copy as well as a certified copy of the official records they have drafted. Any document or other instrument related to the offence is sent to him at the same time; the articles seized are held at his disposal.

Official records must state the capacity as officer of the judicial police of the person who drew them up.

Article 19-1

(Inserted by Law n° 93-2 of 4 January 1993 Article 2 Official Journal of 5 January 1993 in force on 1 March 1993)

The evaluation made by the public prosecutor of an accredited judicial police officer is taken into account for any promotion decision.

Article 20

(Law n° 72-1226 of 29 December 1972 Article 19 Official Journal of 30 December 1972)

(Law n° 85-1196 of 18 n°vember 1985 Articles 3-i, 3-ii and 8 Official Journal of 19 n°vember 1985 in force on 1 January 1986)

(Law n° 2001-1062 of 15 n°vember 2001 Article 13 Official Journal of 16 n°vember 2001)

2° civil servants appointed to the commanding and supervising bodies of the national police who do not have the capacity of judicial police officer, as well as the interns belonging to the same corps and the trainee police lieutenants;

3° civil servants appointed to the supervisory and enforcement body of the national police who do not hold the rank of officer of the judicial police, subject to the provisions concerning the civil servants considered under points 4° and 5° below;

4° police constables coming from the former corps of the non-commissioned officers and police constables of the national police appointed interns before December 31, 1985, where they have at least two years of service in the capacity of a fully qualified constable and have passed the tests of a technical examination in the conditions fixed by a Council of State Decree, or when they hold professional qualifications enabling them to proceed to a higher rank;

5° police constables coming from the former corps of police enquirers appointed interns before March 1, 1979, when they have at least two years of service in the capacity of a fully qualified constable and where they comply with the proficiency conditions set down by law n° 78-788 of July 28, 1978 reforming criminal procedure in respect of judicial police and the assize court jury, or where they have successfully undergone the tests of a technical examination in the conditions fixed by a Council of State Decree, or where they hold the professional qualification enabling them to proceed to a higher rank.

However, the civil servants mentioned in points 1° to 5° above may not validly exercise the attributions attached to their capacity as judicial police agent or claim such capacity unless they are posted to a position which involves its exercise. The exercise of these attributions is temporarily suspended during the time of they are participating, as a formed unit, in an operation for the maintance of public order.

- to establish the existence of felonies, misdemeanours or petty offences and to draw up official records relating to them;

- to receive in the form of official records the statements made to them by any person liable to furnish clues, evidence, and information concerning the perpetrators and accomplices to such offences.

Judicial police agents do not have the capacity to decide on measures of police detention.

Article 21.

(Law no. 85-1196 of 18 n°vember 1985 Article 4 & 8 Official Journal of 19 n°vember 1985, in force on 1 January 1986)

(Law no. 97-1019 of 28 October 1997 Article 6 Official Journal of 8 n°vember 1997)

(Law no. 2001-1062 of 15 n°vember 2001 Article 13 Official Journal of 16 n°vember 2001)

1° civil servants belonging to the active services of the national police who do not fulfill the conditions set down by article 20;

1° bis: volunteers serving in the capacity of military personnel with the Gendarmerie;

1 ter assistant security officers referred to in article 36 of the Law No. 95-73 of 21 January , 1995 on orientation in relation to security ;

- to report to their superiors any felony, misdemeanour or petty offence of which they have knowledge;

To establish the existence of violations of the criminal law, in accordance with the orders given by their superiors, and to collect any information aimed at identifying the perpetrators of such offences, all this within the framework and pursuant to the formalities set out by the organic or special laws which are specific to them.

Article 21-1.

(Inserted by law no. 85-1196 of 18 n°vember 1985 Article 5 & 8 Official Journal of 19 n°vember 1985, in force on 1 January 1986)

Judicial police agents and assistant judicial police agents are competent within the territorial limits where they perform their usual duties, as well as within those where the judicial police officer in charge of the national police service or gendarmerie unit to which they have, by name, been temporarily posted exercises his functions. Where they assist a judicial police officer, they are competent within the territorial limits where the latter exercises his functions pursuant to the provisions of article 18.

Article 21-2

(Inserted by Law no. 99-291 of 15 April 1999 Article 13 Official Journal of 16 April 1999)

Without prejudice to the duty to account to the mayor which they owe under article 21, municipal police agents must immediately report any crime, misdemeanour or petty offence of which he is informed to any judicial police officer of the national police or of the gendarmerie territorially competent.

They simultaneously send their reports and official records without delay to the mayor and, through the officers of the judicial police mentioned in the previous subsection, to the district prosecutor.

Engineers, district heads and technical agents of the waters and forestry administration and rural policemen. (Art. 22 to 27)

Article 22.

Engineers, district heads and technical agents of the waters and forestry administration and rural policemen investigate and prove by means of official reports the existence of misdemeanours and petty offences which violate forestry or rural property.

Article 23.

The district heads and technical agents of the waters and forestry administration, and also the rural policemen appointed by municipalities, follow objects that have been removed to the places where they have been taken, and sequester them.

They may however only gain access to houses, workshops, buildings, adjacent courtyards and enclosures in the presence of a judicial police officer, who may not refuse to accompany them, and who signs the official record of the operation he witnessed.

Article 24.

The district heads and technical agents of the waters and forestry administration as well as the rural policemen appointed by municipalities bring before a judicial police officer any person they find committing a flagrant misdemeanour.

The district heads and technical agents of the waters and forestry administration may in the performance of the duties under article 22, directly require the assistance of the forces of order; rural policemen may ask to be assisted by the mayor, the deputy-mayor, or the head of the gendarmerie unit, who are not entitled to refuse.

Article 25.

The district heads and technical agents of the waters and forestry administration and also the rural policemen appointed by municipalities may be called upon by the district prosecutor, the investigating judge and by judicial police officers to assist them.

Article 26.

The district heads and technical agents of the waters and forestry administration submit to their superior the official reports establishing the existence of offences committed against forestry properties.

Article 27.

The rural policemen appointed by municipalities send their official reports to the district prosecutor through the intermediary of the police superintendent or of the police officer in charge of the local public security services, or failing which, through the commander of the gendarmerie unit.

Forwarding to the official recipient must be done within five days at the latest, starting from the date when they established the matter which is the subject of the official report.

Civil servants and agents belonging to administrations and public utilities. (Art. 28)

Article 28.

The civil servants and agents belonging to the administrations and publics utilities to whom special laws grant certain judicial police powers exercise powers under the conditions and within the limits these laws lay down..

Article 28-1

(Law n° 99-515 of 23 June 1999 Article 28 Official Journal of 24 June 1999 in force on 1 February 2000)

(Law No. 2000-516 of 15 June 2001 Article 83 Official Journal of 16 June 2000 in force on 1 January 2001)

Custom officers of categories A and B, specifically designated by Order of the Ministers of Justice and of Finance, in accordance with the advice of a commission the composition and functioning of which is determined by a decree of the Conseil d'État, may be authorised to carry out judicial inquiries when required by a district prosecutor or on a rogatory letter from an investigating judge.

For the exercise of the duties specified under this article, these agents are competent to act in any part of the national territory. They are competent to seek out and establish offences under the Customs Code, offence in relation to indirect taxation, offences under articles L. 716-9 to L. 716-11 of the Intellectual Property Code, and also for offences connected with them.

However, subject to the provisions of II, they are not competent to act in drug-trafficking, arms traffic, theft of cultural goods and laundering the products of these three categories of offences.

For the discovery and reporting of offences under articles 222-34 to 222-40 of the Criminal Code and under the Ordinance of the 18th April 1939 establishing the regime for war materials, arms and munitions and offences in relation to them, the district prosecutor or investigating judge who is territorially competent may create temporary units composed of judicial police officers and customs officers drawn from those mentioned in I above.

The temporary units shall act under the supervision of the commissioning district prosecutor or investigating judge pursuant to the provisions of the present Code. They are competent in any part of the national territory.

Customs officers referred to under I and II above are not competent to carry out judicial inquiries where the facts have been established under the provisions of the Customs Code. However, in these cases they may implement rogatory letter from the investigating judge.

To carry out judicial enquiries and to receive commissions rogatory, customs officers designated under I above must be personally authorised by a decision of the district prosecutor.

The grant of authorisation is made by the district prosecutor before the court of appeal for the place where they carry out their duties. It is delivered, suspended or withdrawn under the conditions fixed by a decree of the Conseil d'État.

Within a month after notification of a decision suspending or withdrawing the authorisation, the relevant officer may request the district prosecutor to revoke that decision. The district prosecutor must rule within one month. Failing this, his silence counts as dismissal of the request. Within one month from the dismissal of the request, the relevant officer may apply for a review before the commission specified to under article 16-2. The procedure before that commission is that set out in article 16-3 and its implementing rules.

For the exercise of the functions mentioned in I and II above, customs officers are under the direction of the district prosecutor, supervised by the prosecutor general and regulated by the investigating chamber of the place where they carry out their duties, as laid down under articles 224 to 230.

Where, when required by the district prosecutor, the customs officers referred to under I and II above carry out judicial inquiries, articles 54 (second and third paragraphs), 56, 57 to 62, 63 to 67, 75 to 78, 706-28, 706-29 and 706-32 shall apply.

Where such officers act under a rogatory letter from an investigating judge, articles 152 to 155 likewise apply.

These officers may declare as their domicile the seat of the body to which they are attached.

The customs officers referred to under I and II as above are placed under the administrative direction of a judge under the conditions laid down by a decree of the Conseil d'État.

Custom officers referred to under I and II as above may not, under penalty of nullity, exercise any other powers or carry out any other acts apart from those specified under the present Code and in the context of the matters with which they are entrusted by the judicial authority.

Article 29.

(Ordinance n° 58-1296 of 23 December 1958 Article 1 Official Journal of 24 December 1958 in force on 2 March 1959)

Sworn private guards establish by official reports the existence of all the misdemeanours and petty offences violating the property they guard.

The official reports are given or sent by recorded delivery letter directly to the district prosecutor. This referral must be made within three days at the latest, starting from the date when they established the existence of the fact dealt with in the official report, under penalty of nullity.

Article 30

Article 31.

The public prosecutor exercises the public action and formally requests the law to be enforced.

Article 32.

It takes part in hearings of courts of trial; every decision is read in its presence.

Article 33.

The public prosecutor is bound to make written submissions in conformity with the instructions given under the conditions set out in articles 36, 37 and 44. It is free to make such oral submissions as it believes to be in the interest of justice.

Article 34.

The prosecutor general represents in person or through his deputies the public prosecutor before the appeal court and before the assize court established at the seat of the appeal court, subject to the provisions of article 105 of the Forestry Code and of article 446 of the Rural Code. He may in the same conditions represent the public prosecutor before the other assize courts within the area of jurisdiction of the appeal court.

Article 35.

The prosecutor general has the duty of supervising the implementation of criminal laws throughout the whole area of the appeal court's territorial jurisdiction

He is sent for this purpose a monthly statement of the cases pending within the jurisdiction by each district prosecutor.

In the performance of his duties, the prosecutor general has the right to require directly the assistance of police.

Article 36.

(Law n° 93-1013 of 24 August 1993 Article 1 Official Journal of 25 August 1993 in force on 2 September 1993)

The Minister of Justice may notify the prosecutor general of offences against criminal laws of which he has gained knowledge, direct him to initiate or to cause the initiation of a prosecution by written instructions which are attached to the file of the case, and to refer to the competent court such written submissions as the Minister deems appropriate.

Article 37.

The prosecutor general holds authority over all the public prosecutors within the area of jurisdiction of the appeal court.

He has the same prerogatives in respect of these prosecutors as those granted to the Minister of Justice under the previous article.

Article 38.

Judicial police officers and agents are placed under the supervision of the prosecutor general. He may instruct them to collect any information he considers useful for the proper administration of justice.

Article 39.

(Ordinance no. 58-1296 of 23 December 1958 Article 1 Official Journal of 24 December 1958 in force on 2 March 1959)

The district prosecutor represents in person or through his deputies the public prosecutor before the district court, subject to the provisions of article 105 of the Forestry Code and of article 446 of the Rural Code.

He also represents in person or through his deputies the public prosecutor before the assize court established at the seat of the district court.

In the same way, he represents in person or through his deputies the public prosecutor before the police court under the conditions determined by article 45 of the present Code.

Article 40.

(Law no. 85-1407 of 30 December 1985 Article 1 & 94 Official Journal of 31 December 1985, in force on 1 February 1986)

The district prosecutor receives complaints and denunciations and decides how to deal with them. He informs the complainant of the discontinuance of the case, as well as the victim where the latter has been identified. Where the offences are committed against a minor and are set out and punished by articles 222-23 to 222-32 and 227-22 to 227-27 of the Criminal Code, the discontinuance notice must be reasoned and notified in writing.

Every constituted authority, every public officer or civil servant who, in the performance of his duties, has gained knowledge of the existence of a felony or of a misdemeanour is obliged to notify forthwith the district prosecutor of the offence and to transmit to this prosecutor any relevant information, official reports or documents.

Article 41.

(Ordinance n° 58-1296 of 23 December 1958 Article 1 Official Journal of 24 December 1958 in force on 2 March 1959)

(Law no. 81-82 of 2 February 1981 Article 38 Official Journal of 3 February 1981)

(Law no. 93-2 of 4 January 1993 Article 5 & 6 Official Journal of 5 January 1993)

(Law no. 2000-516 of 15 June 2000 Article 102 & 123 Official Journal of 16 June 2000)

(Law no. 2000-516 of 15 June 2000 Article 3 Official Journal of 16 June 2000, in force on 1 January 2001, in force on 1 January 2001)

The district prosecutor institutes or causes to be taken any step necessary for the discovery and prosecution of violations of the criminal law.

To this end, he directs the activity of the judicial police officers and agents within the area of jurisdiction of his court.

The district prosecutor supervises police custody measures. He visits the places where persons are held whenever he considers this to be necessary and at least once every year ; he keeps a record listing the number and frequency of the checks carried out in the various places.

He has all the powers and prerogatives attached to the capacity of judicial police officer provided for by section II of Chapter I of Title I of the present Book, as well as by specific criminal legislation.

In the event of a flagrant offence, he exercises the powers granted by article 68.

The district prosecutor may also request, as the case may be, the assistance of the penal social integration and probation service, of the competent supervised education service, or of any person accredited pursuant to the conditions set out by article 81, sixth paragraph, in order to check the material, family and social situation of a person under investigation, and in order to be informed of the appropriate measures to support the social integration of the person concerned. In the event of a prosecution initiated against an adult of less than twenty-one years of age at the time of the commission of the offence, where the penalty incurred is not in excess of five years of imprisonment, such steps must be ordered before any submission designed to obtain a pre-trial detention order.

The district prosecutor may also have recourse to an association providing help and assistance to victims of crime which has entered into an agreement with the managers of the court of appeal, in order that help may be provided to the victim of the offence.

Article 41-1.

(Law no. 85-1407 of 30 December 1985 Articles 2 and 94 Official Journal of 31 December 1985 in force on 1 February 1986)

(Law no. 87-962 of 30 n°vember 1987 Article 10 Official Journal of 1 December 1987)

Where it appears that such a measure is likely to secure reparation for the damage suffered by the victim, or to put an end to the disturbance resulting from the offence or contribute to the reintegration of the offender, the district prosecutor may, directly or by delegation;

2° direct the offender towards a sanitary, social or professional organisation;

3° require the offender to regularise his situation under any law or regulation;

5° put in train, with the consent of the parties, mediation between the offender and the victim.

The acts specified under this article suspend the limitation period for public prosecution.

Article 41-2

(Law n° 2001-1062 of 15 n°vember 2001 Article 54 Official Journal of 16 n°vember 2001)

(Ordinance n° 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September 2000 in force on 1 January 2002)

Prior to any public prosecution being instituted, the District prosecutor may propose, directly or through an authorised person, criminal mediation to an adult person who admits having committed one or more misdemeanours under articles 222-11, 222-13 (1° to 10°), 222-16, 222-17, 222-18 (first paragraph), 227-3 to 227-7, 227-9 to 227-11, 311-3, 313-5, 314-5, 314-6, 322-1, 322-2, 322-12 to 322-14, 433-5 to 433-7 and 521-1 of the Criminal Code, under the articles 28 and 32 (2°) of Ordinance of 18 April 1939 fixing the regime of war materials, arms and ammunitions under Article L. 1 of the Highway code and under Article L. 628 of the Public Health Code, which consists of one or more of the following orders;

1° to pay to the Public Treasury a mediatory fine. The amount of such a mediatory fine, which may not exceed either € 3,750 or half of the amount of maximum fine for the offence, is fixed in accordance with the gravity of the facts as well as the income and expenses of the person. Its payment may be made by instalments in accordance with a schedule of payments fixed by the district prosecutor within a period which may not exceed one year.

2° to hand over to the State the thing which was used to or intended to commit the offence or which is the product of it;

3° to surrender to the clerk's office of the first instance court his driving licence or his permit to hunt for a maximum period of four months;

4° to undertake for the benefit of the community unpaid work for a maximum of sixty hours, over a period which may not exceed six months.

Where the victim is identified, and unless the offender establishes that the damage has been made good, the district prosecutor must propose to the offender that he make good the damage caused by his offence within a period which may not exceed six months. He informs the victim of this proposal.

The district prosecutor's proposal for criminal mediation may be brought to the knowledge of the offender through a judicial police officer. Here it takes the form of written decision signed by the prosecutor, which specifies the nature and quantum of the measures proposed and which is endorsed on the file. On penalty of nullity, such a proposal may not be made while the offender is held in police custody.

The person to whom criminal mediation is proposed is informed that he may be assisted by an advocate before giving his consent to the district prosecutor's proposal. This consent is recorded in a official record. A copy of the official record is given to him.

Where the offender consents to the measures proposed, the district prosecutor seises the President of the Tribunal de Grande Instance by way of a petition seeking the approval of the mediation. The district prosecutor informs the offender of this and, where necessary, the victim. The President of the Tribunal may proceed to hear the offender and the victim, assisted, where necessary, by their advocates. A hearing is as of right where the person concerned request one. Where the judge makes an order approving the mediation, the measures decided are put into effect. The decision of the President of the Tribunal de Grande Instance, which is notified to the offender and, where necessary, the victim, is not open to appeal.

Where the person does not accept the mediation or where, after having given his consent, he does not fully implement the measures decided on, or where the approval required by the previous paragraph is not given, the district prosecutor decides what further action to take in the case. In the case of prosecution and conviction, account is taken, where appropriate, of the work already accomplished and sums already paid by the offender.

The limitation period for the prosecution is suspended between the dates when the district prosecutor proposes criminal mediation and the expiry of the time granted for the mediation to be carried out.

The implementation of the criminal mediation extinguishes the prosecution. However it does not negate the right of a civil party to issue a summons before the correctional court under the conditions laid down by the present Code. The court the rules only on the civil aspects of the case, on examining the file, which is open for discussion.

The conditions for the application of the present article are fixed by Decree in the Conseil d'État.

Article 41-3

(Ordinance n° 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September 2000 in force on 1 January 2002)

Criminal mediation is also applicable in cases of assault and minor criminal damage.

The maximum amount of the mediatory fine may not exceed € 750 nor half the maximum fine applicable to the offence; the period before a driving license or hunting permit is returned may not exceed two months and the length of unpaid work may not exceed thirty hours, within a maximum period of three months.

Article 41-4

(Inserted by Law n° 99-515 of 23 June 1999 Articles 1 and 21 Official Journal of 24 June 1999)

Where no court has been seised, or where the court involved has exhausted its jurisdiction without deciding on the return of property, the district prosecutor or prosecutor general are competent to decide, on their own motion or upon application, as to the restitution of property of which the ownership is not seriously disputed.

No restitution takes place when the property is likely to cause danger for persons or property. The decision not to return property which has been taken on these grounds, even on its own motion, by the district prosecutor or by the public prosecutor, may be challenged within one month of being notified through a petition filed by the person concerned with the correctional court or with the criminal appeals division, which rule in chambers. Nor is there restitution when a specific provision provides for the destruction of the articles placed under court administration.

Where the restitution of articles has not been requested or decided within six months from the day of the decision disposing of the matter, or from the decision by which the last court seised has extinguished its jurisdiction, the unreturned articles become the property of the State, subject to the rights of third parties. The same is the case where the owner, or where the person to whom the return has been granted, does not claim the property within two months from being served notice at his place of domicile to collect it. Returnable articles which are liable to endanger other people's persons or property become the property of the State, subject to the rights of third parties, once the decision not to return them is no longer open to challenge, or once the judgment or decision refusing restitution has become final.

Article 42.

The district prosecutor has the right to require directly the assistance of police for the performance of his duties.

Article 43.

The district prosecutors with jurisdiction are those of the place of commission of the offence, of the residence of one of the persons suspected to have taken part in the commission of the offence, and of the place where one of these persons was arrested, even where this arrest was made for another reason.

Article 44.

(Ordinance n° 58-1296 of 23 December 1958 Article 1 Official Journal of 24 December 1958 in force on 2 March 1959)

The district prosecutor holds authority over the police prosecutors attached to the police courts within his area of jurisdiction. He may notify them of the petty offences of which he has notice and direct them to initiate a prosecution. He may also, where appropriate, request the initiation of a judicial investigation.

Article 45.

(Ordinance n° 58-1296 of 23 December 1958 Article 1 Official Journal of 24 December 1958 in force on 2 March 1959)

(Law no. 72-1226 of 29 December 1972 Article 62 Official Journal of 30 December 1972)

(Law no. 79-1131 of 28 December 1979 Article 5 Official Journal of 29 December 1979)

(Law no. 85-835 of 7 August 1985 Article 7 Official Journal of 8 August 1985, in force on 1 October 1986)

(Law no. 89-469 of 10 July 1989 Article 8 Official Journal of 11 July 1989, in force on 1 January 1990)

(Law no. 92-1336 of 16 December 1992 Article 10 Official Journal of 23 December 1992, in force on 1 March 1994)

The district prosecutor attached to the district court represents the prosecution before the police court for the fifth class of petty offences. If he deems it appropriate he may also represent it in any matter in place of the police superintendent who usually performs such functions,.

However, in the case of forestry offences referred to the police courts, the duties of the public prosecutor are performed either by a waters and forestry administration engineer, or by a district head or a technical agent, who are appointed by the waters and forestry administration warden.

Article 46.

(Ordinance n° 58-1296 of 23 December 1958 Article 1 Official Journal of 24 December 1958 in force on 2 March 1959)

(Law no. 72-1226 of 29 December 1972 Article 20 Official Journal of 30 December 1972)

When the police superintendent is unable to attend , the prosecutor general appoints for an entire year one or more substitutes chosen from the police superintendents, police majors or captains residing within the territorial jurisdiction of the district court.

In exceptional circumstances and where it is absolutely necessity for the holding of a hearing, the judge of the court for minor offences may call upon the mayor of the locality where the police court sits, or one of his deputies, to perform the public prosecutor's duties.

Article 47

If several police superintendents reside in the locality where the police court sits, the public prosecutor appoints the one who is to perform the public prosecutor's duties.

Article 48

(Ordinance n° 58-1296 of 23 December 1958 Article 1 Official Journal of 24 December 1958 in force on 2 March 1959)

(Law no. 72-1226 of 29 December 1972 Article 21 Official Journal of 30 December 1972)

If no police superintendent resides in the locality where the police court sits, the prosecutor general appoints to perform the public prosecutor's duties a police superintendent, a police major or captain residing within the territorial jurisdiction of the district court or, failing which, within that of a neighbouring district court located in the same district.

Article 49

The investigating judge is in charge of judicial investigations, as indicated under Chapter I of Title III.

He may not take part in the trial of the criminal cases he dealt with in his capacity as investigating judge, under penalty of nullity.

Article 50

(Ordinance n° 58-1296 of 23 December 1958 Article 1 Official Journal of 24 December 1958 in force on 2 March 1959)

(Law no. 87-1062 of 30 December 1987 Article 24 Official Journal 31 December 1987, in force on 1 March 1998)

The investigating judge is selected from the judges of the court, and is appointed following the formal rules provided for the appointment of judges.

In case of necessity, another judge may be temporarily entrusted with the investigating judge's duties following the same formalities, concurrently with the judge appointed in the manner specified under the first paragraph.

Where the appeal court president delegates a judge to the court, he may similarly make an order temporarily putting the judge in charge of judicial investigations.

Where the investigating judge is absent, ill or otherwise unable to act, the district court appoints one of the court's judges to replace him.

Article 51.

The investigating judge may only begin an investigation after having seised of the case by a submission made by the district prosecutor or by a complaint with a petition to become a civil party, pursuant to the conditions set out in articles 80 and 86.

In the event of flagrant felonies or misdemeanours, he exercises the powers attributed to him by article 72.

The investigating judge has the right to require the assistance of police for the performance of his duties.

Article 52.

The judges with jurisdiction are the investigating judge of the place of commission of the offence, the judge of the place of residence of one of the persons suspected to have taken part in the offence, and the judge of the place of arrest of one of these persons, even if this arrest was made on other grounds.

Article 53

A flagrant felony or misdemeanour is a felony or misdemeanour in the course of being committed, or which has just been committed. The felony or misdemeanour is also flagrant where, immediately after the act, the person suspected is chased by hue and cry, or is found in the possession of articles, or has on or about him traces or clues that give grounds to believe he has taken part in the felony or misdemeanour.

A flagrant offence investigation following the discovery of a flagrant felony or misdemeanour may not be carried on for longer than eight days.

Article 53-1

(Inserted by Law n° 2000-516 of 15 June 2000 Article 104 Official Journal of 16 June 2000 in force on 1 January 2001)

The officers and agents of the judicial police notify the victims of their right to obtain redress for the damage suffered and to be aided by a service pertaining to one or more local authorities or an approved association of support for victims.

Article 54

The judicial police officer who is told of a flagrant felony immediately informs the district prosecutor, goes forthwith to the scene of the crime and records any appropriate findings.

He ensures the conservation of any clues liable to disappear and of any item which may be of use for the discovery of the truth. He seizes the weapons and instruments which were used to commit the felony or which were designed or intended for its commission, as well as any item which appears to have been the product of this felony.

He presents for recognition any articles seized to any persons who appear to have been involved in the crime, if they are present.

Article 55.

(Decree 85-956 of 11 September 1985 Article 2 Official Journal of 12 September 1985)

(Law n° 85-835 of 7 August 1985 Article 8 Official Journal of 8 August 1985 in force on 1 October 1986)

(Decree 89-989 of 29 December 1989 Article 1 Official Journal of 31 December 1989, in force on 1 January 1990)

(Law n° 92-1336 of 16 December 1992 Articles 11 and 326 Official Journal of 23 December 1992, in force on 1 March 1994)

Any non-accredited person on the scene of a crime is forbidden to modify the state of the premises before the first judicial enquiry operations or to take any samples, under penalty of the fine set out for petty offences of the fourth class.

However, an exception is made where such alterations or samples are necessitated by the requirements of public health or safety, or the need to provide help for victims.

(Law n° 2001-1168 of 11 December 2001 Article 18 Official Journal of 12 December 2001)

Where the type of the crime is such that evidence of it may be collected by seizing papers, documents or other articles in the possession of the persons who appear to be involved in the crime or to be detaining documents or articles pertaining to the criminal offence, the judicial police officer proceeds forthwith to the domicile of such persons to initiate a search, in respect of which he draws up a official report.

He is the only person, together with those persons mentioned under article 57 and any persons upon whom he calls pursuant to article 60, to be allowed to examine the papers or documents before proceeding to seize them.

However, he has the duty first to initiate any step appropriate to ensure the observance of professional secrecy and of the defendant's rights.

Any article or document seized is immediately entered on an inventory and placed under official seals. However, if it is difficult to make such an inventory on the spot, their are put under temporary closed official seals until the moment of inventory and placing under final official seals, and this is done in the presence of the persons who have witnessed the search pursuant to the rules set out by article 57.

Subject to the agreement of the district prosecutor, the judicial police officer only maintains the seizure of the articles and documents useful for the discovery of the truth.

In addition, the district prosecutor may, where the seizure involves money, ingots, property or securities the preservation of which in their original form is not necessary for the discovery of the truth, authorise their deposit in the Caisse des dépots and consignations or at the Bank of France.

Where the seizure involves forged bank notes or money marked in euros, the judicial police officer must transmit, for analysis and identification, at least one example of each type of note or coin suspected of being false to the national laboratory authorised for this task. The national laboratory may open the official seals. It draws up an inventory in a report which must mention any opening or re-opening of the seals. When these operations are completed, the report and the sealed objects are put into the hands of the clerk of the appropriate court. This transfer is recorded by a official report.

The provisions of the previous paragraph do not apply where only one example of a particular type of suspect banknote or coin exists and it is needed for the discovery of the truth.

(Law n° 85-1407 of 30 December 1985 Article 10 & 94 Official Journal of 31 December 1985 in force on 1 February 1986)

(Law n° 93-2 of 4 January 1993 Article 7 Official Journal of 5 January 1993, in force on 1 March 1993)

A search of the chambers of an advocate or of his domicile may only be made by a judge or prosecutor and in the presence of the president of the bar association or of his delegate. The judge or prosecutor and the president or his delegate are the only ones who have the right to be informed about documents discovered during a search with a view to their possible seizure.

The president or his delegate may object to the seizure of a document to which the judge or prosecutor intends to carry out if he considers that it would be irregular. The document is then placed under official seals. This is recorded in a official record indicating the objections of the chairman or his delegate, which is not entered as part of the procedural file. Where other documents have been seized during the search without objection, the official record is separate from that required by article 57. This official record and the document placed under seal is transmitted to custody judge with the original or a copy of the file.

Within five days from receiving the documents, the custody judge gives a reasoned ruling on the objection, which is not open to appeal.

To this end, he hears the judge or prosecutor who carried out the search and, where necessary, the district prosecutor and also the advocate in the chambers subject to the search and the president or his delegate. He may open the seal in the presence of these persons.

Where he considers that it is not necessary to seize the document, the custody judge orders its immediate return and the destruction of the official record recording the events and, where necessary, the cancellation of any reference to that document or its contents which appears in the official file of the case.

Otherwise, he orders the document and the official record to form part of the official file. His decision does not preclude the parties asking the seizure to be nullified by, as appropriate, the trial court or the investigating chamber.

Article 56-2

(Law n° 93-2 of 4 January 1993 Article 55 Official Journal of 5 January 1993, in force on 1 March 1993)

A search of the premises of a press or audio-visual communication undertaking may only be made by a judge or prosecutor who ensures that such investigations do not violate the freedom of exercise of the profession of journalist and do not unjustifiably obstruct or delay the distribution of information.

Article 56-3

A search of the office of a doctor, notary, attorney or bailiff is made by a judge or prosecutor and in the presence of the person responsible for the professional college or organisation to which the person concerned belongs, or in the presence of his representative.

Article 57.

(Ordinance n° 58-1296 of 23 December 1958 Article 1 Official Journal of 24 December 1958, in force on 2 March 1959)

Subject to the terms of the previous article concerning the observance of professional secrecy and of the defendant's rights, the operations prescribed by that article are made in the presence of the person in whose domicile the search is made.

Where this is impossible, the judicial police officer has the duty to ask him to appoint a representative of his choice; failing this, the judicial police officer will appoint two witnesses, chosen for this purpose from amongs persons who are not under his administrative authority.

The official report of these operations is drafted as described under article 66 and is signed by the persons mentioned by the present article; in the event of a refusal, this is noted in the official report.

Article 58.

(Ordinance n° 60-121 of 13 February 1960 Article 1 Official Journal of 14 February 1960)

(Law n° 77-1468 of 30 December 1977 Article 16 Official Journal of 31 December 1977 in force on 1 January 1978)

(Law n° 93-2 of 4 January 1993 Article 160 Official Journal of 5 January 1993, in force on 1 March 1993)

(Law n° 92-1336 of 16 December 1992 Article 322 Official Journal of 23 December 1992, in force on 1 March 1994)

(Ordinance n° 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September 2000, in force on 1 January 2002)

Subject to the necessities of enquiries, any communication or disclosure of a document seized during a search to a person not lawfully accredited to examine it, made without the authorisation of the person under judicial investigation or his successors, or that of the signatory or addressee of the document, is punished by a fine of € 4,500 and imprisonment for up to two years.

Article 59.

(Ordinance n° 60-1245 of 25 n°vember 1960 Article 12 Official Journal of 27 n°vember 1960)

(Law n° 92-1336 of 16 December 1992 Article 12 Official Journal of 23 December 1992, in force on 1 March 1994)

(Law n° 93-2 of 4 January 1993 Article 161 Official Journal of 5 January 1993, in force on 1 March 1993)

(Law n° 93-1013 of 24 August 1993 Article 20 Official Journal of 25 August 1993, in force on 2 September 1993)

Except where they are requested from within a building or in the exceptional cases provided for by law, searches and house visits may not be undertaken before 6 a.m. nor after 9 p.m.

The formalities mentioned under articles 56, 56-1, 57 and the present article are prescribed under penalty of nullity.

Article 60

(Law n° 72-1226 of 29 December 1972 Article 9 Official Journal of 30 December 1972)

(Law n° 85-1407 of 30 December 1985 Articles 11 and 94 Official Journal of 31 December 1985 in force on 1 February 1986)

Where there is occasion to carry out any forensic, technical or scientific examination, a judicial police officer has recourse to all qualified persons.

Unless they are registered on a list provided for by article 157, the persons called upon take an oath in writing to assist the administration of justice upon their honour and conscience.

The persons appointed to carry out any technical or scientific examination may open the official seals. They draw up an inventory and mention this in a report made in conformity with articles 163 and 166. They may orally communicate their findings to the investigators in cases of emergency.

On the instructions of the district prosecutor, a judicial police officer discloses the findings of the technical and scientific examinations to those persons against whom matters exist giving rise to the suspicion that they have committed or have attempted to commit offences, and also to the victims.

Article 61

(Ordinance no. 61-112 of 2 February 1961 Article 1 Official Journal of 3 February 1961)

(Law n° 81-82 of 2 February 1981 Article 79 Official Journal of 3 February 1982)

(Law n° 83-466 of 10 June 1983 Article 17 Official Journal of 11 June 1983 in force on 27 June 1983)

A judicial police officer may prohibit any person from leaving the scene of the offence until the conclusion of his operations.

Article 62.

(Ordinance n° 60-121 of 13 February 1960 Article 1 Official Journal of 14 February 1960)

(Law n° 93-2 of 4 January 1993 Article 8 Official Journal of 5 January 1993 in force on 1 March 1993)

(Law n° 2000-516 of 15 June 2000 Article 4 Official Journal of 16 June 200 in force on 1 January 2001)

A judicial police officer may summon and hear any person likely to give information in respect of the offence or of the articles and documents seized.

The persons he summons are obliged to appear. If they do not comply with this obligation, notice of this is given to the district prosecutor who may have them compelled to appear by the law-enforcement agencies.

He draws up a official report of their statements. The persons read this record through themselves; they may have their observations recorded on it and they affix their signature to it. If they declare they cannot read, the record is read over to them by the judicial police officer prior to signature. In the event of refusal to sign the police record, a mention of this is noted in the record.

The judicial police agents designated in article 20 may also hear under the supervision of a judicial police officer any person likely to give information concerning the facts of the case. They draft official reports for this purpose in accordance with the formalities prescribed by the present Code, which they transmit to the judicial police officer whom they assist.

Persons against whom there is no evidence suggesting that they have committed or attempted to commit an offence may only be detained for as long as is necessary to receive their testimony.

Article 62-1

(Law no. 95-73 of 27 January 1995 Article 27 Official Journal of 24 January 1995)

(Law no. 2001-1062 of 15 n°vember 2001 Article 57 Official Journal of 16 n°vember 2001)

The persons taking part in the procedure mentioned under articles 16 to 29 are allowed to give as the address of their home the seat of the body to which they are attached.

Article 63.

(Ordinance n° 60-121 of 13 February 1960 Article 1 Official Journal of 14 February 1960)

(Law n° 63-22 of 15 January 1963 Article 1 Official Journal of 16 January 1963)

(Law n° 93-2 of 4 January 1993 Article 9 Official Journal of 5 January 1993, in force on 1 March 1993)

(Law n° 93-1013 of 24 August 1993 Article 2 Official Journal of 25 August 1993, in force on 2 September 1993)

(Law n° 2000-516 of 15 June 2000 Article 5 Official Journal of 16 June 2000, in force on 1 January 2001)

A judicial police officer may, where this is necessary for an enquiry, arrest and detain any person against whom there exist a plausible reason of reasons for suspecting of having committed or attempted to commit an offence. At the beginning of the arrest and detention he informs the district prosecutor.

The person so placed in custody may not be held for more than twenty-four hours. However, the detention may be extended for a further period of up to twenty-four hours on the written authorisation of the district prosecutor. The district prosecutor may make this authorisation conditional on the prior production before him of the person detained.

On instructions given by district prosecutor, any persons against whom the evidence collected is liable to give rise to a prosecution are, at the end of the police custody, either set free or referred to the district prosecutor.

For the implementation of the present article, the area jurisdiction of the Paris, Nanterre, Bobigny and Créteil district courts constitute a single jurisdiction.

Article 63-1

(Law n° 81-82 of 2 February 1981 Article 39-i Official Journal of 3 February 1981)

(Law n° 93-2 of 4 January 1993 Article 10 Official Journal of 5 January 1993, in force on 1 March 1993)

(Law n° 93-1013 of 24 August 1993 Article 2 Official Journal of 25 August 1993, in force on 2 September 1993)

(Law n° 2000-516 of 15 June 2000 Articles 7, 8 and 9 Official Journal of 16 June 2000, in force on 1 January 2001)

Any person placed under police custody is immediately informed by a judicial police officer, or under the latter's supervision, by a judicial police agent, of the rights mentioned under articles 63-2, 63-3 and 63-4 as well as of the provisions governing the length of police custody provided for by article 63. A person held in police custody is also immediately informed that he has the choice to make a statement, answer questions put to him, or keep silent.

A mention of this information is entered on the official report and signed by the person under custody; in the event of a refusal to sign, this is noted.

The information mentioned under the first paragraph must be given to the person held in custody in a language that he understands.

Where the person is deaf and cannot read nor write, he must be assisted by sign language interpreter or by some other person qualified in a language or method of communicating with the deaf. He may also make use of any other means making it possible to communicate with persons who are deaf.

Where a person is released after detention without the district prosecutor having made a decision as to prosecution, the provisions of articles 77-2 are brought to his attention.

Save in exceptional and unavoidable circumstances, the steps taken by investigators to communicate the rights mentioned in articles 63-2 and 63-3 must be taken no later than lthree hours from when the person was placed in custody.

Article 63-2.

(Law n° 93-2 of 4 January 1993 Article 10 Official Journal of 5 January 1993 in force on 1 March 1993)

(Law n° 93-1013 of 24 August 1993 Article 2 Official Journal of 25 August 1993, in force on 2 September 1993)

(Law n° 2000-516 of 15 June 2000 Article 10 Official Journal of 16 June 2000, in force on 1 January 2001 correction 8 July 2000)

Any person placed under police custody may, upon his request and without delay, have a person with whom he resides habitually or one of his relatives in direct line, one of his brothers or sisters, or his employer, informed by telephone of the measure to which he is subjected.

If the judicial police officer considers that he ought not to grant this request because of the requirements of the enquiry, he reports the request forthwith to the district prosecutor who will decide to grant it, where necessary.

Article 63-3.

(Law n° 93-2 of 4 January 1993 Article 10 Official Journal of 5 January 1993, in force on 1 March 1993)

(Law n° 93-1013 of 24 August 1993 Article 2 Official Journal of 25 August 1993, in force on 2 September 1993)

Any person placed under police custody may, upon his request, be examined by a doctor appointed by the district prosecutor or the judicial police officer. Where the police custody is extended, he may request to be examined a second time.

The district prosecutor or the judicial police officer may at any time appoint on their own motion a doctor to examine the person under police custody.

Where no request has been made by the person under police custody, by the district prosecutor or by the judicial police officer, a medical examination is as of right if a member of the family requests it. The doctor is appointed by the district prosecutor or by the judicial police officer.

The doctor examines the person under police custody forthwith. The medical certificate, which must specifically state the fitness of the person to be held further in police custody, is attached to the case file.

The provisions of the present article are not applicable where a medical examination is made pursuant to any specific rule.

Article 63-4.

(Law n° 93-2 of 4 January 1993 Article 231 Official Journal of 5 January 1993, in force on 1 March 1993)

(Law n° 93-2 of 4 January 1993 Article 10 Official Journal of 5 January 1993, in force on 1 January 1994)

(Law n° 93-1013 of 24 August 1993 Article 3 Official Journal of 25 August 1993, in force on 2 September 1993)

(Law n° 94-89 of 1 February 1994 Articles 10 and 18 Official Journal of 2 February 1994)

(Law n° 94-89 of 1 February 1994 Article 10 Official Journal of 2 February 1994, in force on 1 March 1994)

(Law n° 2000-516 of 15 June 2000 Article 11 Official Journal of 16 June 2000, in force on 1 January 2001)

At the beginning of police detention, and again after twenty hours have elapsed, the person may request to talk to an advocate. Where he is not in a position to choose one, or if the advocate chosen cannot be reached, he may request an advocate to be appointed to him officially by the president of the bar.

The president of the bar is informed of such a request forthwith and by any means available.

The advocate chosen may communicate with the person under police custody under conditions which ensure the confidentiality of the conversation. He is informed of the type and believed date of the offence investigated by the judicial police officer or by a judicial police agent under the former's supervision.

Following the conversation which may not extend beyond thirty minutes, the advocate, if there is occasion to do so, presents written observations which are attached to the proceedings.

The advocate may not mention this conversation to anyone during the time of the police custody.

Where the police custody has been extended, the person may also request an interview with an advocate after twelve hours of the extended custody, subject to the conditions and in the manner prescribed by the previous paragraphs.

The interview with the advocate may take place only after thirty-six hours where the investigation is into participation in a criminal association defined by article 450-1 of the Criminal Code, into the offences of procuring or extortion set out in articles 225-7, 225-9, 312-2 to 312-5 and 312-7 of the Criminal Code or into an offence committed by an organised gang under articles 224-3, 225-8, 311-9, 312-6, 322-8 of the Criminal Code.

The district prosecutor is informed in the shortest time possible by the judicial police officer that the provisions of the previous paragraph are being applied.

The time limit mentioned in the first paragraph is extended to seventy-two hours when the police custody is governed by specific extension rules.

Article 63-5

(Inserted by Law no. 20900-516 of 15 June 2000 Article 6 Official Journal of 16 June 2000, in force 1 January 2001)

When it is indispensable for the progress of the enquiry to carry out an internal examination of the person held in police custody, this may only be done by a doctor brought in for this purpose.

Article 64.

(Law n° 81-82 of 2 February 1981 Article 39-ii Official Journal of 3 February 1981)

(Law n° 93-2 of 4 January 1993 Article 11 Official Journal of 5 January 1993, in force on 1 March 1993)

(Law n° 2000-516 of 15 June 2000 Article 12 Official Journal of 16 June 2000, in force on 1 January 2001)

Every judicial police officer must enter on the official report of the hearing of any person under police custody the length of the interrogations to which this person was subjected and that of the rest taken between these interrogations, the times at which he was allowed to eat, the day and time starting from which he was under custody, and also the day and time starting from which he was either set free or brought before the competent judge or prosecutor. The officer notes in the official report any requests made pursuant to articles 63-2, 63-3 and 63-4 and the answer which was given to them.

This entry must be specifically signed in the margin by the persons concerned and, in the event of a refusal, a mention of this is made. It is compulsory for this entry to state the reasons for the police custody.

Article 65.

(Law n° 93-2 of 4 January 1993 Article 12 Official Journal of 5 January 1993, in force on 1 March 1993)

(Law n° 93-1013 of 24 August 1993 Article 4 Official Journal of 25 August 1993, in force on 2 September 1993)

The entries and signatures provided for by the first paragraph of article 64 in respect of the dates and times of the beginning and end of police custody and the length of interrogations and rest separating these interrogations must also be entered in a special register which is kept for this purpose in every police or gendarmerie premises where people are held in police custody.

Article 66.

The official reports drafted by the judicial police officer pursuant to articles 54 to 62 are written up immediately and signed by him on each page of the record.

Article 67.

The provisions of articles 54 to 66 are applicable in the event of a flagrant misdemeanour in any case where the law provides for imprisonment as a penalty.

Article 68.

The arrival on the scene of the district prosecutor relieves the judicial police officer of his powers.

The district prosecutor exercises all the judicial police powers set out in the present chapter.

Article 69.

(Law n° 93-2 of 4 January 1993 Article 13 Official Journal of 5 January 1993 in force on 1 March 1993)

(Law n° 93-1013 of 24 August 1993 Article 6 Official Journal of 25 August 1993 in force on 2 September 1993)

If the requirements of the enquiry call for it, the district prosecutor or the investigating judge when he proceeds as described in the present Chapter, may travel to continue his investigations in the jurisdiction of the courts adjacent to that where he performs his duties. He must first notify the district prosecutor of the area of the court to which he is going. He enters in his official record the reasons for his journey.

Article 70.

In the event of a flagrant felon, where the investigating judge is not yet seised of the case, the district prosecutor may issue a warrant to have brought before him any person suspected of having taken part in the offence.

The district prosecutor forthwith interrogates the person so brought before him. If the person appears spontaneously in the company of a defence counsel, he may only be interrogated in the presence of the latter.

Article 71 to 71-3

Article 72.

(Law n° 93-2 of 4 January 1993 Article 14 Official Journal of 5 January 1993 in force on 1 March 1993)

(Law n° 93-1013 of 24 August 1993 Article 6 Official Journal of 25 August 1993 in force on 2 September 1993)

Where the district prosecutor and the investigating judge are simultaneously on the scene of the offence, the district prosecutor may initiate a regular judicial investigation of which the judge present is then seised, as an exception to the provisions of article 83, if otherwise applicable.

Article 73.

In the event of a flagrant felony or of a flagrant misdemeanour punished bya penalty of imprisonment, any person is entitled to arrest the perpetrator and to bring him before the nearest judicial police officer.

Article 74.

(Law n° 72-1226 of 29 December 1972 Article 10 Official Journal of 30 December 1972)

Where a corpse has been discovered, whether having died by violence or otherwise, and the cause of death is unknown or suspicious, the judicial police officer who is told of it immediately informs the district prosecutor, and goes forthwith to the scene to make initial findings.

The district prosecutor goes to the scene if he considers it necessary and he is assisted by persons capable of appraising the nature of the circumstances of the death. He may however delegate for this purpose a judicial police officer of his choice.

Except when they are registered on one of the lists provided for under article 157, the persons called upon in this way take an oath in writing to bring their assistance to justice upon their honour and conscience.

The district prosecutor may also initiate a judicial investigation into the causes of the death.

Article 75.

(Law n° 85-1196 of 18 n°vember 1985 Articles 6 & 8 Official Journal of 19 n°vember 1985, in force on 1 January 1986)

(Law n° 2000-516 of 15 June 2000 Article 104 Official Journal of 16 June 2000, in force on 1 January 2001)

The judicial police officers and the judicial police agents under their supervision mentioned under article 20 proceed with preliminary inquiries either upon the instructions of the district prosecutor, or on their own initiative.

They notify the victims of their right to obtain redress for the damage suffered and to be aided by a service pertaining to one or more local authorities or an approved association of support for victims.

Article 75-1

(Inserted by Law no. 2000-516 of 15 June 2000 Article 15 Official Journal of 16 June 2000)

Where he instructs the judicial police officers to proceed with a preliminary enquiry, the district prosecutor fixes the time limit within which the enquiry must be carried out. He may extend this for reasons given by the investigators.

Where the enquiry is being carried out on their own initiative, the judicial police officers give the district prosecutor an account of its progress where it has been running for more than six months.

Article 75-2

(Inserted by Law no. 2000-516 of 15 June 2000 Article 15 Official Journal of 16 June 2000)

The judicial police officer carrying out a preliminary enquiry into a felony or misdemeanour informs the district prosecutor as soon as a person has been identified against whom matters exist leading to the belief that he has been identified as having committed or attempted to commit an offence.

Article 76.

Searches, house visits and seizures of exhibits may not be made without the express consent of the person in whose residence the operation takes place.

Such consent must be made in the form of a hand-written statement by the person concerned or, if the person cannot write, a note of this is into the official report together with his consent.

Article 76-1

(Inserted by Law no. 2001-1062 of 15 n°vember 2001 Article 24 Official Journal of 16 n°vember 2001)

Notwithstanding the first two paragraphs of article 76, where the needs of an enquiry into to any of the offences concerning armaments and explosives under article 3 of the Act of 19 June 1871 repealing the Decree of 4 September 1870 on the production of armaments for war or under articles 20, 31 and 32 of the Decree of 18 April 1939 fixing the regime for war materials, armaments and munitions or into one of the felonies or misdemeanours of drug trafficking under articles 222-34 to 222-38 of the Criminal Code justify it, the custody judge of the first instance court may, at the request of the district prosecutor, authorise, by a written and reasoned decision, judicial police officers, assisted where necessary by the judicial police agents and assistant judicial police agents as referred to under 1°, 1° bis and 1° ter of article 21, to carry out a search, house visit or seizure of incriminating evidence without the consent of the person in whose premises it takes place. The decision of the custody judge must specify the nature of the offences in respect of which the evidence is sought, the factual elements leading to the belief that they have been committed and the addresses of such premises where the operations are to take place. The provisions of article 57 are then applicable.

Where the searches and seizures are not in relation to dwellings, the custody judge may authorise their being carried out outside those hours prescribed by article 59.

The fact that operations carried out under this article reveal offences other than those mentioned in the decision of the custody judge are not a ground of nullity in relation to the other proceedings.

Article 77.

(Ordinance n° 60-121 of 13 February 1960 Article 1 Official Journal of 14 February 1960)

(Law n° 63-22 of 15 January 1963 Article 1 Official Journal of 16 January 1963 in force on 24 February 1963)

(Law n° 93-2 of 4 January 1993 Article 15 Official Journal of 5 January 1993 in force on 1 March 1993)

(Law n° 93-1013 of 24 August 1993 Article 5 Official Journal of 25 August 1993 in force on 2 September 1993)

(Law n° 2000-516 of 15 June 2000 Article 13 Official Journal of 16 June 2000 in force on 1 January 2001)

The judicial police officer may keep at his disposal for the requirements of the enquiry any person against whom exist any plausible reason or reasons for believing that he has committed or attempted to commit an offence. He informs the district prosecutor of this when the police custody begins. The person under police custody may not be kept more than twenty-four hours.

Before the twenty-four hours have expired the district prosecutor may extend the police custody by a further period not exceeding twenty-four hours. This extension may be granted only after a prior presentation of the person to this prosecutor. However, it may exceptionally be granted by a written and reasoned decision in the absence of a prior presentation of the person. If the enquiry is followed in an area other than that of the seat of office of the district prosecutor dealing with the offence, the extension may be granted by the district prosecutor of the place where the measure is carried out.

According to the instructions given by the district prosecutor dealing with the case, at the end of the police custody persons against whom material has been collected liable to give rise to a prosecution are are either set free or referred to the prosecutor.

For the implementation of the present article, the area jurisdiction of the Paris, Nanterre, Bobigny and Créteil district courts constitute a single jurisdiction.

The provisions of articles 63-1, 63-2, 63-3, 63-4, 64 and 65 are applicable to police custody that takes place within the framework of the present Chapter.

Article 77-1.

(Law n° 85-1407 of 30 December 1985 Articles 12 and 94 Official Journal of 31 December 1985 in force on 1 February 1986)

If the case calls for findings or technical or scientific examinations which may not be postponed delayed, the district prosecutor or upon his authorisation, the judicial police officer, resorts to any qualified person.

The provisions of the second, third and fourth paragraphs of article 60 are applicable.

Article 77-2

(Law n° 2000-516 of 15 June 2000 Article 73 Official Journal of 16 June 2000 in force on 1 January 2001)

(Law n° 2000-1354 of 30 December 2000 Article 23 Official Journal of 31 December 2000 in force on 1 January 2001)

Any person detained in the course of a preliminary enquiry or in the course of a flagrant offence investigation who, six months after the end of detention, has not been prosecuted, may enquire of the district prosecutor for the area where the detention took place as to the outcome or likely outcome of the case. This enquiry is addressed by registered post with request for notice of delivery.

In the month following receipt of that request, the competent district prosecutor must either instigate a prosecution against the person concerned, or undertake one of the measures under articles 41-1 to 41-3, or notify him that the case has been dropped, or if he believes that the enquiry should continue, seise the custody judge of the case. Unless this judge has been seised, no further act of investigation may be taken against the person concerned, on pain of nullity, after a month has passed from receipt of the request.

Where the custody judge has been seised under the provisions of the previous paragraph, he hears adversarially the submissions of the public prosecutor and those of the person concerned, assisted as the case may be by his advocate. At the end of this hearing, the custody judge decides whether the enquiry shall continue. Where he decides not, the district prosecutor must, within two months, either instigate a prosecution against the interested person or notify him that the case is dropped, or undertake one of the measures under articles 41-1 to 41-4. Where the custody judge authorises the enquiry to continue, he fixes a time limit of not more than six months, after which the person concerned may, should the occasion arise, renew his application under the present article.

Where the person so requests, the contested hearing mentioned in the previous paragraph is held in open court, unless publicity would be likely to hamper the enquiries needed for the investigation, or to harm the personal dignity or the interests of a third party. The custody judge decides on this request by a reasoned decision which is not open to appeal.

Article 77-3

(Inserted by Law n° 2000-516 of 15 June 2000 Article 73 Official Journal of 16 June 2000 in force on 1 January 2001)

Where the enquiry was not conducted under the direction of the district prosecutor of the first instance court where the police detention took place, the latter must forthwith direct the request under the first paragraph of article 77-2 to the district prosecutor conducting the enquiry. The time limit under the second paragraph of this article runs from the receipt of the request by the district prosecutor of the area where the detention took place.

Article 78.

(Law n° 93-2 of 4 January 1993 Article 16 Official Journal of 5 January 1993 in force on 1 March 1993)

(Law n° 95-73 of 27 January 1995 Article 27 Official Journal of 24 January 1995)

Persons summoned by a judicial police officer for the requirements of the enquiry are obliged to appear. If they do not comply with this obligation, the district prosecutor is notified and he may have them compelled to appear by the law-enforcement agencies.

Persons against whom no plausible reason exists to suspect that they committed or attempted to commit an offence may not be kept longer than the time strictly necessary for their hearing.

The judicial police officer draws up a official report of their statements. The judicial police agents mentioned under article 20 may also, under the supervision of a judicial police officer, hear the persons summoned.

The official reports are drafted pursuant to the conditions set out by articles 62 and 62-1.

Article 78-1.

(Law n° 83-466 of 10 June 1983 Article 21 Official Journal of 11 June 1983 in force on 27 June 1983)

(Law n° 86-1004 of 3 September 1986 Article 1 Official Journal of 4 September 1986)

The implementation of the rules set out by the present chapter are under the supervision of the judicial authorities mentioned under articles 12 and 13.

The application of the present rules is subject to the control of the judicial authorities mentioned in articles 12 and 13.

Any person found on national territory must accept to undergo an identity check made pursuant to the conditions and by the police authorities considered under the following articles.

Article 78-2

(Law n° 83-466 of 10 June 1983 Article 21 Official Journal of 11 June 1983 in force on 27 June 1983)

(Law n° 86-1004 of 3 September 1986 Article 2 Official Journal of 4 September 1986)

(Law n° 93-992 of 10 August 1993 Articles 1 and 2 Official Journal of 11 August 1993)

(Law n° 93-1027 of 24 August 1993 Article 34 Official Journal of 29 August 1993)

Judicial police officers and, upon their orders and under their responsibility, the judicial police agents and assistant judicial police agents mentioned under articles 20 and 21-1° may ask any person to justify his identity by any means, where some matter relating to him gives rise to the belief:

- or that the person is liable to give useful information for the enquiry into a felony or misdemeanour;

Upon the district prosecutor's written instructions for the search and prosecution of offences he specifies, the identity of any person may similarly be checked in the places and for the period of time determined by this prosecutor. The fact that the identity check uncovers offences other than those covered by the district prosecutor's instructions does not amount to a ground of nullity for any incidental proceedings.

The identity of any person may also be checked pursuant to the rules set out in the first paragraph, whatever the person's behaviour, to prevent a breach of public order and in particular an offence against the safety of persons or property.

In an area included between the land border of France with the States party to the convention signed in Schengen on 19^th June 1990, and a line drawn 20 kilometres behind it, as well as within the areas accessible to the public in the ports, airports and railway stations open to international traffic and listed by a ministerial decision, the identity of any person may also be checked according to the rules set out in the first paragraph in order to ensure the observance of the duty to hold, carry and present for inspection the papers and documents provided for by law. The fact that the identity check reveals an offence other than the non-observance of the aforementioned duties does not amount to a ground of nullity for any incidental proceedings.

In an area included between the land border or the coastline of the département of French Guyana and a line drawn twenty kilometres behind it, the identity of any person may also be checked according to the rules set out in the first paragraph in order to ensure the observance of the duty to hold, carry and present for inspection the papers and documents provided for by law.

Article 78-2-1

When the district prosecutor formally requires, the judicial police officers and, under the orders or responsibility of these officers, the judicial police agents and assistant judicial police agents mentioned under articles 20 and 21 (1°), are accredited to enter within professional premises and their annexes or outbuildings, except where the latter are a dwelling, where construction, manufacture, transformation, repair, service or trading activities are under way, in order to :

- check that such activities have been registered with the register of professions or the commercial and company register when such registration is compulsory, and are exercised in accordance with the declaration imposed by the social protection institutions and the tax administration;

- be shown the workforce register and the documents establishing that the declarations prior to employment have been made;

- check the identity of the persons employed, with the sole purpose of verifying whether they are entered on the register or have been declared in accordance with the declarations mentioned under the previous paragraph.

The district prosecutor's formal order is made in writing and sets out the offences, among those listed in articles L. 324-9 and L. 341-6 of the Labour Code, which he wishes to have investigated and prosecuted, as well as the premises within which the inspection operation is to take place. These orders are taken for a maximum period of one month and are presented to the person in possession of the premises or his representative.

The measures taken pursuant to the provisions of the present article are entered into a official report handed to the person concerned.

Article 78-2-2

(Inserted by Law n° 2001-1062 of 15 n°vember 2001 Article 23 Official Journal of 16 n°vember 2001)

Upon the written request of the district prosecutor for the purposes investigating and prosecuting acts of terrorism to under articles 421-1 to 421-5 of the Criminal Code, offences relating to weapons and explosives under article 3 of the Act of 19 June 1871 as aforementioned and under the articles 20, 31 and 32 of the Decree of 18 April 1939 as aforementioned or acts of drug trafficking to under articles 222-34 to 222-38 of the Criminal Code, judicial police officers, assisted by, should the occasion arise, the judicial police agents and the assistant judicial police agents referred to under 1º, 1º bis and 1º ter of article 21, may, within the places and for the time specified by this prosecutor, carry out not only identity checks under the paragraph 6 of article 78-2 but also inspect vehicles travelling, stopped or parked on the public highway or premises open to the public.

For the application of the provisions of this article, moving vehicles may only be stopped for such time as is strictly necessary to carry out the inspection, which must take place in the presence of the driver. Where the inspection is in relation to a stopped or parked vehicle, it is carried out in the presence of the driver or owner of the vehicle or, failing this, of a person called upon for those purposes by the judicial police officer or judicial police agent who is not under his administrative authority. The presence of a third person is not required where the inspection involves particular risk.

Where an offence is found to have been committed or where the driver or owner of the vehicle so requests where the inspection took place in his absence, a official record is drawn up stating the place time, and date when these operations began and ended. A copy is remitted to the interested person and another forwarded to the district prosecutor without any delay.

The fact that these operations reveal offences other than those covered in the district prosecutor's written request does not amount to a cause of nullity for any incidental proceedings.

Article 78-3

(Law n° 83-466 of 10 June 1983 Article 21 Official Journal of 11 June 1983, in force on 27 June 1983)

(Law n° 86-1004 of 3 September 1986 Article 3 Official Journal of 4 September 1986)

(Law n° 93-2 of 4 January 1993 Article 162 Official Journal of 5 January 1993, in force on 1 March 1993)

(Law n° 93-1013 of 24 August 1993 Article 20 Official Journal of 25 August 1993, in force on 2 September 1993)

If the person concerned refuses or is unable to prove his identity, he may in case of necessity be kept where he is or on the police premises where he is taken in order to have his identity checked. He is in every case immediately brought before a judicial police officer who gives him the opportunity to offer by any means available material establishing his identity, and who proceeds if necessary to do what is necessary to verify them. He is told forthwith by this officer of his right to have the district prosecutor informed of the inspection to which he is subject and to have his family or any person of his choice informed. The judicial police officer himself informs the family or person chosen if particular circumstances call for it.

The district prosecutor must be informed as soon as the retention begin where a minor of less than 18 years of age is involved. The minor must be assisted by his legal representative except where this is impossible.

The person under inspection may be detained only for the time strictly required for ascertaining his identity. The detention may not last longer than four hours from the moment of the identity check made pursuant to article 78-2 and the district prosecutor may put an end to it at any time.

If the person questioned maintains his refusal to establish his identity, or produces proof of identity which is obviously false, the inspection operations may, after an authorisation granted by the district prosecutor or the investigating judge, lead to the taking of fingerprints or photographs when this is the only way to ascertain the identity of the person concerned.

The taking of fingerprints or photographs must be entered and specially the reasons specially stated in the official report provided for hereafter.

The judicial police officer enters in a official report the grounds which justify the check and inspection of identity, and the conditions under which the person was brought before him, informed of his rights and placed in a position to exercise them. He mentions the date and time starting from which check was carried out, the date and time it ended, and how long it lasted.

The official report is presented for signature by the person concerned. If the latter refuses to sign, a record is made of the refusal and of the grounds given for this refusal.

The official report is sent to the district prosecutor after a copy has been given to the person concerned in the case set out by the previous paragraph.

Where in relation to the person detained there have been no investigation or enforcement proceedings addressed to the judicial authority, the identity check may not be entered into a file and the official record as well as all the documents pertaining to the inspection are destroyed within six months under the supervision of the district prosecutor.

Where a request for investigation or enforcement proceedings is sent to the judicial authority, and the person is detained in police custody, the person detained must be notified forthwith of his right to have the district prosecutor informed of the measure to which he is subjected.

The provisions listed by the present article are imposed under penalty of nullity.

Article 78-4

(Law n° 83-466 of 10 June 1983 Article 21 Official Journal of 11 June 1983 in force on 27 June 1983)

The length of the detention provided for by the previous article is deducted, where relevant, from that of the police custody.

Article 78-5.

(Law n° 83-466 of 10 June 1983 Article 21 Official Journal of 11 June 1983, in force on 27 June 1983)

(Law n° 86-1004 of 3 September 1986 Article 5 Official Journal of 4 September 1986)

(Law n° 92-1336 of 16 December 1992 Articles 322 & 329 Official Journal of 23 December 1992, in force on 1 March 1994)

(Ordinance no. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September 2000, in force on 1 January 2002)

Three months imprisonment and a fine of € 3,750 are incurred by those who refuse to submit to the taking of fingerprints or photographs authorised by the district prosecutor or the investigating judge in accordance with the provisions of article 78-3.

Article 78-6

(Law n° 2001-1062 of 15 n°vember 2001 Article 13 Official Journal of 16 n°vember 2001)

Judicial police agents referred to under 1º bis, 1º ter, 1º quater and 2º of article 21 are authorised to establish the identity of those committing petty offences in order to prepare official reports in relation to breaches of municipal bye-laws, breaches of the Traffic Code for which the law permits them to issue tickets or in relation petty offences they are authorised to record pursuant to any specific enactment.

Where the offender refuses or is unable to establish his identity, the assistant judicial police agent mentioned in the previous paragraph forthwith informs any judicial police officer of the national force or of the gendarmerie territorially competent, who may order him to bring the offender before him immediately. The municipal police agent may not hold an offender in the absence of such an order. Where the judicial police officer decides to proceed with an identity check in the manner provided for in article 78-3, the time limit under the third paragraph runs from the time of the identity check.

Article 79.

A preliminary judicial investigation is compulsory where a felony has been committed. In the absence of special provisions, it is optional for misdemeanours. It may also be initiated for petty offences if it is requested by the district prosecutor pursuant to article 44.

Article 80.

(Law n° 93-2 of 4 January 1993 Article 22 Official Journal of 5 January 1993 in force on 1 March 1993)

(Law n° 93-1013 of 24 August 1993 Article 7 Official Journal of 25 August 1993 in force on 2 September 1993)

The investigating judge may only investigate in accordance with a submission made by the district prosecutor.

Where an offence not covered by the prosecution submissions is brought to the knowledge of the investigating judge, he must communicate forthwith to the district prosecutor the complaints or the official records which establish its existence. The district prosecutor may then require the investigating judge, by an additional submission, to investigate the additional facts, or require him to open a separate investigation, or send the case to the trial court, or order an enquiry, or decide to drop the case, or proceed to one of the measures provided for in articles 41-1 to 41-3, or to transfer the complaint or the official reports to the district prosecutor who is territorially competent. If the district prosecutor requires the opening of a separate investigation, this may be entrusted to the same investigating judge, designated under the conditions set out in the first paragraph of article 83.

In the event of a complaint with civil party petition the case proceeds as stated under article 86. However, where new facts are brought to the attention of the investigating judge by the civil party in the course of the investigation, the provisions of the previous paragraph apply.

Article 80-1.

(Law n° 93-2 of 4 January 1993 Article 23 Official Journal of 5 January 1993 in force on 1 March 1993)

(Law n° 93-1013 of 24 August 1993 Article 7 Official Journal of 25 August 1993 in force on 2 September 1993)

(Law n° 2000-516 of 15 June 2000 Article 19 Official Journal of 16 June 2000 in force on 1 January 2001)

On pain of nullity, the investigating judge may place under judicial examination only those persons against whom there is strong and concordant evidence making it probable that they may have participated, as perpetrator or accomplice, in the commission of the offences he is investigating.

He may proceed with the placement under judicial examination only after having previously heard the observations of the person or having given him the opportunity to be heard, when accompanied by his advocate, either in the manner provided by article 116 on questioning at first appearance, or as an assisted witness under the provisions of articles 113-1 to 113-8.

The investigating judge may only proceed to place under judicial examination a person whom he considers unable to use the procedure for assisted witnesses.

Article 80-2

(Law n° 93-2 of 4 January 1993 Article 23 Official Journal of 5 January 1993 in force on 1 March 1993)

(Law n° 93-1013 of 24 August 1993 Article 7 Official Journal of 25 August 1993 in force on 2 September 1993)

(Law n° 2000-516 of 15 June 2000 Article 20 Official Journal of 16 June 2000 in force on 1 January 2001)

The investigating judge may notify any person by recorded delivery that he will be called, within a period of not less than ten days or longer than a month, for a first appearance held under the conditions set out in article 116. This letter specifies the date and time of the required appearance. It informs the person of each one of the matters of which the judge is seised and for which it is envisaged to place him under judicial examination, giving their legal definitions. It informs the person that he has the right to choose an advocate or to request a duty advocate to be assigned to him, the choice or request to be addressed to the investigating judge's clerk. It makes it plain that a placement under judicial examination may not take place until after the person's first appearance before the investigating judge.

The investigating judge may also have this summons notified through a judicial police officer. This notification includes mention of all the matters provided for by the previous paragraph. It is recorded by a official report signed by the person who receives a copy of it.

The advocate chosen or designated is summoned in the manner specified by article 114 ; he has access to the procedural file in the manner this article provides.

Article 81.

(Ordinance no. 58-1296 of 23 December 1958 Official Journal of 24 December 1958, in force on 2 March 1959)

(Law n° 84-576 of 9 July 1984 Articles 18 and 19 Official Journal of 10 July 1984, in force on 1 January 1985)

(Law n° 89-461 of 6 July 1989 Article 1 Official Journal of 8 July 1989 in force on 1 December 1989)

(Law n° 93-2 of 4 January 1993 Articles 24 and 224 Official Journal of 5 January 1993, in force on 1 March 1993)

(Law n° 93-1013 of 24 August 1993 Article 6 Official Journal of 25 August 1993, in force on 2 September 1993)

(Law n° 2000-516 of 15 June 2000 Articles 50 and 83 Official Journal of 16 June 2000, in force on 1 January 2001)

The investigating judge undertakes in accordance with the law any investigative step he deems useful for the discovery of the truth. He seeks out evidence of innocence as well as guilt.

A copy of these steps and of all of the documents in the proceedings is made; each copy is certified true by the clerk or by the designated judicial police officer mentioned under paragraph four. All the case file documents are numbered by the clerk as they are drafted or received by the investigating judge.

However, if copies can be made through photographic processes or similar techniques, they are made upon the transmission of the case file. As many sets are made as necessary for the administration of justice. The clerk certifies the conformity of the duplicated case file with the original copy of the file. If the investigation is temporarily interrupted because an appeal is filed, the drafting of copies must be done immediately so that in no circumstances is the preparation of the case for trial provided for by article 194 delayed.

Where it is impossible for the investigating judge to undertake in person all the investigative steps, he may give a rogatory letter to judicial police officers in order to have them perform the necessary investigative steps pursuant to the conditions and under the restrictions set out by articles 151 and 152.

The investigating judge is required to check the pieces of information thus collected.

The investigating judge undertakes or procures, either by judicial police officers in accordance with paragraph four, or by any person accredited pursuant to the conditions determined by a Council of State Decree, an enquiry into the personality of the persons investigated, as well as into their financial, family or social situation. This enquiry is however optional for a misdemeanour.

The investigating judge may also appoint according to the nature of the case the prison social insertion and probation service, the competent child protection service or any organisation authorised according to the previous paragraph, in order to check the financial, family and social situation of a person under judicial examination and to inform the judge of the appropriate steps to support the social integration of the person concerned. Unless they were already ordered by the public prosecutor, such proceedings must be ordered by the investigating judge every time he considers placing in pre-trial detention an adult of less than twenty-one years of age at the moment of the commission of the offence, where the penalty incurred does not exceed five years of imprisonment.

The investigating judge may order a medical examination, a psychological examination or any appropriate measure.

Where a party refers to him by a written and reasoned application for the implementation of one of these examinations or any other appropriate measure provided for by the previous paragraph, the investigating judge must make a reasoned order within one month from receiving the application if he decides not to defer to the application.

The application mentioned under the previous paragraph must be filed with the clerk of the investigating judge seised of the case. It is recorded and date-stamped by the clerk who signs it as well as the applicant or the latter's advocate. The clerk makes a specific entry where the applicant is unable to sign. Where the applicant or his advocate do not reside within the area jurisdiction of the competent court, the declaration filed with the clerk may be sent by recorded delivery letter with request for acknowledgement of receipt. Where the person under judicial examination is detained, the application may also be made by a declaration to the prison governor. This declaration is recorded and date-stamped by the warden who signs it as well as the applicant. The warden makes a specific entry if the latter is unable to sign. This document is immediately sent to the investigating judge's clerk as an original or simple copy and by any means of transmission.

Where the investigating judge fails to decide on the application within one month, the party may apply directly to the presiding judge of the investigating chamber, who decides and acts in accordance with the third, fourth and fifth paragraphs of article 186-1.

Article 81-1.

(Law n° 85- 1303 of 10 dec 1985 Articles 7 & Article 42 Official Journal of 11 December 1985, in force on 1 March 1988)

(Law n° 87-1062 of 30 December 1987 Article 23 Official Journal of 31 December 1987)

The investigating judge can automatically, or at the demand of the court or the civil party, carry out, in accordance with the law, any act permitting him to evaluate the nature and the importance of the prejudice suffered by the victim, or to obtain information about the latter's personality.

Article 82.

(Law n° 85- 1407 of 30 December 1985 Articles 13 and 94 Official Journal of 31 December 1985, in force on 1 February 1986)

(Law n° 93-2 of 4 January 1993 Article 233 Official Journal of 5 January 1993, in force on 1 March 1993)

(Law n° 93-2 of 4 January 1993 Article 26 Official Journal of 5 January 1993, in force on 1 January 1994)

(Law n° 93-1013 of 24 August 1993 Article 16 Official Journal of 25 August 1993, in force on 2 September 1993)

(Law n° 96-1235 of 30 December 1996 Article 1 Official Journal of 1 January 1997, in force on 31 March 1997)

(Law n° 2000-516 of 15 June 2000 Articles 83 and 135 Official Journal of 16 June 2000, in force on 1 January 2001)

In his initial submission, and at any time during the investigation through a supplementary submission, the district prosecutor may request the investigating judge to take any step which he considers useful for the discovery of the truth as well as any safety measure necessary. He may also request to be present when the steps for which he asks are carried out.

He may have the case file sent to him for this purpose provided that he returns it within twenty-four hours.

If he asks for the placement or keeping in pre-trial detention of the person under judicial examination, his submissions must be in writing and reasoned by reference only to the provisions of article 144.

If the investigating judge does not endorse the district prosecutor's submissions, he must make a reasoned order within five days of such submissions, except in the cases set out under the second paragraph of article 137.

Where no order is made by the investigating judge, the district prosecutor may apply within ten days directly to the investigating chamber.

Article 82-1.

(Law n° 85- 1303 of 10 dec 1985 Articles 8 and 42 Official Journal of 11 dec 1985, in force on 1 March 1988)

(Law n° 87-1062 of 30 December 1987 Article 23 Official Journal of 31 December 1987)

(Law n° 93-2 of 4 January 1993 Articles 27 and 226 Official Journal of 25 August 1993, in force on 1 March 1993)

(Law n° 93-1013 of 24 August 1993 Article 8 Official Journal of 25 August 1993 amended by JORF 26 July 1994, in force on 2 September 1993)

(Law n° 2000-516 of 15 June 2000 Article 21 Official Journal of 16 June 2000, in force on 1 January 2001)

(Law n° 2000-1354 of 30 December 2000 Article 24 Official Journal of 31 December 2000, in force on 1 January 2001)

In the course of the investigation the parties may file with the investigating judge a written and reasoned application in order to be heard or interrogated, to hear a witness, for a confrontation or an inspection of the scene of the offence, to order one of them to disclose an element useful for the investigation, or for any other step to be taken which seems to them necessary for the discovery of the truth. On pain of nullity, this application must be made in accordance with the provisions of the tenth paragraph of article 81 ; it must mention all the acts requested, and where a hearing is concerned, specify the identity of the person whose hearing is requested.

The investigating judge must make a reasoned order within one month from receiving the application, when he decides not to grant it. The provisions of the last paragraph of article 81 are applicable.

Upon the expiry of a four-month term since his last appearance , the person under judicial examination who requests it in writing must be heard by the investigating judge. The investigating judge carries out this interrogation within thirty days from receiving the application, which must be drafted in accordance with the provisions of the tenth paragraph of article 81.

Article 82-2

(Inserted by Law no. 2000-516 of 15 June 2000 Article 21 Official Journal of 16 June 2000 in force on 1 January 2001)

Where the person under judicial examination under the provisions of Article 82-1 makes a formal request to the investigating judge to visit a particular place, or to hear a witness, a civil party or other person under judicial examination, that person may request that this be done in the presence of his advocate.

The civil party has the same right concerning visits to places, the hearing of a witness or another civil party or an interrogation of the person under judicial examination.

The investigating judge rules on these requests in accordance with the provisions of the second paragraph of article 82-1. Where he accedes to a request, the investigating judge calls in the advocate not later than two working days before the date of the visit, witness hearing or or interview, in the course of which he may take part in the manner prescribed by article 120.

Article 82-3

(Law no. 2000-516 of 15 June 2000 Article 22 Official Journal of 16 June 2000, in force on 1 January 2001)

Where the investigating judge challenges the validity of a request of a party seeking a ruling that the prosecution is time-barred, he must give a reasoned decision within a month from the receipt of the request.

Article 83.

(Ordinance n° 58-1296 of 23 December 1958 Article 1 Official Journal of 24 December 1958 in force on 2 March 1959)

(Law n° 89-146 of 6 July 1989 Article 8 Official Journal of 8 July 1989 in force on 1 December 1989)

(Law n° 93-2 of 4 January 1993 Article 232 Official Journal of 5 January 1993 in force on 1 March 1993)

(Law n° 93-2 of 4 January 1993 Article 19 Official Journal of 5 January 1993 in force on 1 January 1994)

(Law n° 93-1013 of 24 August 1993 Article 35 Official Journal of 25 August 1993 in force on 2 September 1993)

(Law n° 94-89 of 1 February 1994 Article 17 Official Journal of 2 February 1994 in force on 2 February 1994)

(Law n° 2000-516 of 15 June 2000 Article 132 Official Journal of 16 June 2000 in force on 1 January 2001)

Where several investigating judges are posted to a court, the court's presiding judge or, where he is unable to act, the judge replacing him, appoints for each judicial investigation the judge who will be in charge. He may draft a duty rota for this purpose.

Where the seriousness or complexity of the case call for it, the court's presiding judge or, where he is unable to act, the judge replacing him, may second to the investigating judge in charge of the investigation one or more investigating judges whom he appoints either at the start of the proceedings or at any point in the proceedings, upon the application of the judge in charge of the investigation.

The judge in charge of the investigation co-ordinates its progress; he alone is competent to seise the custody judge, to order on its own motion that person be released.

The appointments provided for by the present article are unappealable judicial administration measures.

Article 83-1.

(Inserted by Law n° 93-2 of 4 January 1993 Article 20 Official Journal of 5 January 1993)

For the implementation of the second paragraph of article 83, where the court numbers one or two investigating judges, the appeal court presiding judge may second to the judge in charge of the investigation one or more judges from his jurisdiction upon the request of the presiding judge of the district court or, where he is unable to act, the judge replacing him.

Article 84.

(Ordinance n° 58-1296 of 23 December 1958 Article 1 Official Journal of 24 December 1958 in force on 2 March 1959)

(Law n° 85-1407 of 30 December 1985 Articles 64 and 94 Official Journal of 31 December 1985 in force on 1 February 1986)

(Law n° 93-2 of 4 January 1993 Article 21 Official Journal of 5 January 1993 in force on 1 March 1993)

Subject to the implementation of articles 657 and 663, the replacement of the investigating judge by another investigating judge may be requested of the court's presiding judge in the interests of the proper administration of justice, by a reasoned submission made by the district prosecutor acting either spontaneously or upon the application of the parties.

The court's presiding judge must decide within a week by making an order, which is not open to appeal.

Where the judge in charge of the investigation is unable to act because of vacations, illness or any other reason, including appointment to another post, the presiding judge designates an investigating judge to replace him.

However, in urgent cases and for isolated steps, any investigating judge may stand in for another investigating judge belonging to the same court, provided he reports this immediately to the court's presiding judge.

In the cases set out by the second paragraph of article 83 and article 83-1, the judge appointed or, if there are several, the first judge by order of appointment, may replace or stand in for the judge in charge of the investigation without the need to make use of the previous paragraphs.

Article 85.

Any person claiming to have suffered harm from a felony or misdemeanour may petition to become a civil party by filing a complaint with the competent investigating judge.

Article 86.

(Law n° 85-1407 of 30 December 1985 Articles 87-ii Official Journal of 31 December 1985 in force on 1 March 1988)

(Law n° 93-2 of 4 January 1993 Article 28 Official Journal of 5 January 1993 in force on 1 March 1993)

(Law n° 93-1013 of 24 August 1993 Article 9 Official Journal of 25 August 1993 in force on 2 September 1993)

The investigating judge orders the complaint to be sent to the district prosecutor in order that this prosecutor may draft his submissions.

Where the complaint is insufficiently grounded or justified, the district prosecutor may, before making his submissions and if this has not been done by the investigating judge on his own motion, request this judge to hear the civil party and, as the case may be, invite the latter to disclose any element liable to support his complaint.

The district prosecutor may only send the investigating judge submissions not to investigate where the facts of the case cannot lead to a lawful prosecution for reasons relating to the right to prosecute, or where, if the facts were shown to exist, they would not amount to any criminal offence. Where the investigating judge decides otherwise, he must make a reasoned order.

Article 87.

(Law n° 93-2 of 4 January 1993 Article 29 Official Journal of 5 January 1993 in force on 1 March 1993)

(Law n° 93-1013 of 24 August 1993 Article 35 Official Journal of 25 August 1993 in force on 2 September 1993)

A civil party petition may be filed at any time during the judicial investigation.

In the event of a challenge or where he declares the civil party petition inadmissible the investigating judge decides, after having sent the case file to the public prosecutor, by making a reasoned order, against which the party concerned may appeal.

Article 87-1.

The investigating judge to whom are referred actions intentionally committed against an under-age child by the holders of parental authority or by one of them may appoint an ad hoc administrator to exercise in the name of the child, where necessary, the rights accorded to the civil party. In the event of a civil party petition, the judge causes an advocate to be appointed officially for the minor if one has not yet been chosen.

Article 88.

(Law n° 72-1226 of 29 December 1972 Article 23 Official Journal of 30 December 1972)

(Law n° 83-608 of 8 July 1983 Article 3 Official Journal of 9 July 1983 in force on 1 September 1983)

(Law n° 93-2 of 4 January 1993 Article 121 Official Journal of 5 January 1993 in force on 1 March 1993)

The investigating judge makes an order recording the filing of the complaint. Where no legal aid was granted, he fixes according to the income of the civil party the amount of the payment into court the latter must deposit with the court office and the time limit within which the payment must be made, under penalty of inadmissibility of the complaint. He may exempt the civil party from making a payment into court.

Article 88-1.

(Law n° 93-2 of 4 January 1993 Article 122 Official Journal of 5 January 1993 in force on 1 March 1993)

The payment into court fixed pursuant to article 88 secures the payment of any civil fine liable imposed pursuant to the first paragraph of article 177-2.

The amount paid into court is returned where no such fine is ordered by the investigating judge or, where the prosecutor or the civil party appeals, by the investigating chamber.

Article 89.

(Law n° 85-1407 of 30 December 1985 Articles 14 and 94 Official Journal of 31 December 1985 in force on 1 February 1986)

Every civil party must declare to the investigating judge an address. This must be situated in metropolitan France if the investigation is under way in metropolitan France, or if it made in an overseas département, in this same département.

The civil party may declare either his personal address or the address of a third party entrusted to receive the documents which are addressed to him, with the agreement of this third party, which may be ascertained by any means.

The civil party is informed that he must notify the investigating judge of any change in the stated address before the closure of the judicial investigation, by making a new declaration or by sending a registered letter with request of acknowledgement of receipt. He is also notified that any service made at the last address given is deemed to have been made to him in person.

Where he fails to give an address, the civil party may not allege the absence of service of the documents which should have been notified to him in accordance with the law.

Article 89-1.

(Law n° 93-1013 of 24 August 1993 Article 10 Official Journal of 25 August 1993 in force on 2 September 1993)

(Law n° 2000-516 of 15 June 2000 Articles 29 and 74 Official Journal of 16 June 2000 in force on 1 January 2001)

The civil party is informed in the course of his first examination of his right to file an application for a decision or to bring an annulment application on the grounds of articles 81, ninth paragraph, 82-1, 156, first paragraph, and 173, third paragraph, during the progress of the investigation and at the latest on the twentieth day following the sending of the notice provided for by the first paragraph of article 175.

Where he believes that the foreseeable time for completing the investigation is less than a year in a case involving a misdemeanour and less than eighteen months in a case involving a felony, the investigating judge communicates this period to the civil party and advises him that at the end of this period the civil party may request the closure of the procedure under the provisions of article 175-1. Where this is not the case, he indicates to the civil party that he may, under the same article, request the closure of the procedure after a period of one year in a case involving a misdemeanour or eighteen months in the case of a felony.

The information set out under the previous paragraph may also be provided by recorded delivery letter.

Article 90.

Where the investigating judge is not competent according to the provisions of article 52, he makes, after the public prosecutor's submissions, an order sending the civil party back to initiate proceedings before such court as may be appropriate.

Article 91.

(Law n° 93-2 of 4 January 1993 Articles 123 and 224 Official Journal of 5 January 1993 in force on 1 March 1993)

When, after an investigation has been opened by a person constituting himself a civil party a discharge decision has been made, the person under judicial examination, or any other person targeted by the complaint may, without prejudice to a prosecution for malicious denunciation, and if they do not initiate civil proceedings, seek damages from the complainant, as set out below.

The action for damages must be filed within three months from the date when the discharge order became final. It is brought by means of a summons before the correctional court where the case has been investigated. This court is immediately sent the case file of the investigation ended by a discharge order, to communicate it to the parties. The debates take place in chambers: the parties, or their counsel, and the public prosecutor are heard. The judgment is read in open court.

Where the claim succeeds, the court may order the publication of its judgment in its entirety or in extract form in one or more newspapers of the court's choice, at the convicted person's expense. The court determines the maximum cost of each insertion.

Applications to set aside and appeals are admissible within the ordinary time limits set out for misdemeanours.

The appeal is brought before the criminal appeals division which rules under the same conditions as the court. The appeal court judgment may be transferred to the Court of Cassation as in criminal matters.

If a final judgment made in accordance with article 177-2 finds that the person constituted himself a civil party abusively or late, this judgment is binding on the correctional court according to the conditions set out in the previous paragraphs.

Article 92.

(Law n° 91-646 of 10 July 1991 Article 2 Official Journal of 13 July 1991 in force on 1 October 1991)

The investigating judge may go to the scene of the offence to make any useful findings or conduct a search. He informs the district prosecutor who is entitled to accompany him.

Article 93.

(Law n° 75-701 of 6 August 1975 Article 14 Official Journal of 7 August 1975 in force on 1 January 1976)

(Law n° 91-646 of 10 July 1991 Article 2 Official Journal of 13 July 1991 in force on 1 October 1991)

If the requirements of the investigation call for it, the investigating judge may, after informing the court's prosecutor, journey with his clerk to any place within the national territory to proceed with any investigatory step, provided that he notifies in advance the district prosecutor attached to the court of the jurisdiction to which he travel. He enters into his official record the grounds of his journey.

Article 94.

(Law n° 91-646 of 10 July 1991 Article 2 Official Journal of 13 July 1991 in force on 1 October 1991)

Searches are made in all the places where may be found items which could be useful for the discovery of the truth.

Article 95.

(Law n° 91-646 of 10 July 1991 Article 2 Official Journal of 13 July 1991 in force on 1 October 1991)

(Law n° 93-2 of 4 January 1993 Article 163 Official Journal of 5 January 1993 in force on 1 March 1993)

If the search is made in the domicile of the person under judicial examination, the investigating judge must comply with the provisions of articles 57 and 59.

Article 96.

(Law n° 91-646 of 10 July 1991 Article 2 Official Journal of 13 July 1991 in force on 1 October 1991)

(Law n° 93-2 of 4 January 1993 Article 163 Official Journal of 5 January 1993 in force on 1 March 1993)

If the search is made in a domicile other than that of the person under judicial examination, the person in whose domicile it must be made is invited to attend. If this person is absent or refuses to attend, the search is made in the presence of two of his relatives or relatives by marriage present on the premises or, failing which, in the presence of two witnesses.

The investigating judge must comply with the provisions of articles 57 (second paragraph) and 59.

However, he has the duty to organise in advance all the appropriate measures to ensure the observance of professional secrecy and the defendant's rights.

The provisions of articles 56-1, 56-2 and 56-3 apply to searches carried out by the investigating judge.

Article 97.

(Ordinance n° 58-1296 of 23 December 1958 Article 1 Official Journal of 24 December 1958)

(Ordinance n° 60-121 of 13 February 1960 Article 13 Official Journal of 14 February 1960)

(Law n° 85-1407 of 30 December 1985 Articles 3 and 4 Official Journal of 31 December 1985 in force on 1 February 1986)

(Law n° 91-646 of 10 July 1991 Article 2 Official Journal of 13 July 1991 in force on 1 October 1991)

(Law n° 93-2 of 4 January 1993 Articles 164 and 224 Official Journal of 5 January 1993 in force on 1 March 1993)

(Law n° 2001-1168 of 11 December 2001 Article 18 Official Journal of 12 December 2001)

Where in the course of an investigation there is a need to search for documents, and subject to the requirements of the investigation and compliance, where necessary, with the obligation imposed by the third paragraph of the previous article, the investigating judge or the judicial police officer commissioned by him has the sole right to examine such documents before carrying out the seizure.

An inventory is made of all items and documents placed in judicial safekeeping, which are immediately placed under official seals. However, if this is difficult to do on the spot, the judicial police officer proceeds as indicated under the fourth paragraph of article 56.

With the agreement of the investigating judge, the judicial police officer upholds the seizure of only such articles and documents as are useful for the discovery of the truth.

If these official seals are closed, they may be opened and the documents examined only in the presence of the person under judicial examination in the presence of his advocate, or where the latter has been duly summoned. The third party in whose residence the seizure was made is also invited to attend during this operation.

Unless the requirements of the investigation prevent it, a copy or photocopy of the documents placed under judicial authority may be delivered as soon as possible to any persons concerned who request it at their own expense.

If the seizure comprises monies, ingots, papers or securities which do not necessarily have to be preserved in kind for the discovery of the truth or for the safeguarding of the rights of parties, he may authorise the clerk to deposit them with the Deposit and Consignment Office or with the Bank of France.

If the seizure comprises counterfeit banknotes or coins, the investigating judge or the judicial police officer working with him must provide the national analysis centre with at least one example of each type of coin or banknote suspected of being fake. The national analysis centre may proceed to open any seals. It makes a list in a report which must record any opening or reopening of the seals. When the process of testing is complete, the report and the seals must be put into the hands of a clerk in the relevent court of law. An official record is made of their being so deposited.

The requirements of the preceding paragraph do not apply in cases where there is only one suspected fake coin or note, and this is needed to establish the truth.

Article 98.

(Law n° 77-1468 of 30 December 1977 Article 16 Official Journal of 31 December 1977 in force on 1 January 1978)

(Law n° 91-646 of 10 July 1991 Article 2 Official Journal of 13 July 1991 in force on 1 October 1991)

(Law n° 93-2 of 4 January 1993 Articles 163 Official Journal of 5 January 1993 in force on 1 March 1993)

(Law no. 92-1336 of 16 December 1992 Article 322 Official Journal of 23 December 1992, in force on 1 March 1994)

(Law no. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September 2000, in force on 1 January 2002)

Subject to the requirements of the judicial investigation, any communication or disclosure made without the authorisation of the person under judicial examination or that of his beneficiaries or of the signatory or addressee of a document found during a search, to a person not authorised by law to examine it, is punished by a €4500 fine and two years' imprisonment.

Article 99.

(Law no. 85-1407 of 30 December 1985 Article 4 & 94 Official Journal of 31 December 1985, in force on 1 February 1986)

(Law no. 91-646 of 10 July 1991 Article 2 Official Journal of 13 July 1991, in force 1 October 1991)

(Law no. 93-2 of 4 January 1993 Article 163 Official Journal of 5 January 1993, in force 1 March 1993)

(Law no. 2000-516 of 15 June 2000 Article 83 Official Journal of 16 June 2000, in force 1 January 2001)

During the investigation, the investigating judge is competent to decide on the restitution of articles placed under judicial authority.

He decides by a making a reasoned order either upon the district prosecutor's submissions or on his own motion, after hearing the prosecutor's opinion, or upon the application of the person under judicial examination, the civil party or any other person claiming a right over the article.

He may also on its own motion decide, with the agreement of the district prosecutor, to return or to have returned the articles placed under judicial authority whose ownership is not disputed to the victim of the offence.

No restitution is made where it is liable to hinder the discovery of the truth or the safeguard of the rights of the parties, or where it creates a danger for persons or for property. It may be refused when the confiscation of the article is provided for by law.

The investigating judge's order under the second paragraph of the present article is served either on the applicant in the event of a dismissal of the application, or on the public prosecutor and on any other party concerned in the event of a restitution decision. It may be referred to the investigating chamber by an ordinary application filed with the court office within the time limit and according to the conditions set out by the fourth paragraph of article 186. This time limit is suspensive.

The third party's observations may be heard by the investigating chamber, as well as those of the parties, but he may not ask for the case file to be put at his disposal.

Article 99-1.

(Law n° 2000-516 of 15 June 2000 Article 83 Official Journal of 16 January 2000, in force on 1 January 2001)

Where, in the course of judicial proceedings or of checks referred to in article 283-5 of the Rural Code, the decision has been made to seize or confiscate one or more live animals, for whatever reason, the district prosecutor attached to the district court with jurisdiction over where the offence took place or, if he is seised of the case, the investigating judge, may place the animal in a specially designated holding place until the offence has been tried.

If the conditions the animal is kept in are liable to render it a danger to others or to damage its health, the investigating judge, if seised of the case, or the presiding judge of the district court or another judge delegated by him may, in a reasoned decision taken on the submissions of the district prosecutor and after hearing the opinion of a veterinary surgeon, order it to be sold, entrusted to a third party, or destroyed.

The owner, if his identity is known, is informed of this order. He may refer it to the presiding judge of the court of appeal of the jurisdiction or to a judge of this court appointed by him, or, if the order came from the investigating judge, to the investigating chamber under the conditions provided for in the fifth and sixth paragraphs of article 99.

Any proceeds generated by the sale of the animal are deposited for a period of five years. Where the judicial proceedings which justified the seizure end in a discharge or the proceedings being dropped, the proceeds of the sale are given to the person who owned the animal at the moment of the seizure, if he so requests. In cases where the animal was entrusted to a third party, the owner can submit a demand for the restitution of the animal to the judge appointed in the second paragraph.

The animal's owner will be liable for any costs relating to the impounding of his animal, unless the judge designated in the second paragraph, who is seised of a request for exemption, or the court ruling on the merits of the case otherwise decides. This exemption may also be granted where proceedings are dropped or end in a discharge.

Article 99-2.

(Law n° 2000-516 of 15 June 2000 Article 83 Official Journal of 16 January 2000 in force on 1 January 2001)

Where, during the course of the investigation, it proves impossible to carry out the restitution of movable property placed under judicial safekeeping, which no longer needs to be kept in order to establish the truth, either because the owner cannot be identified, or because the owner does not claim the item within two months from the time that the official notice was sent to his domicile, the investigating judge may, subject to the rights of third parties, order the destruction of the assets or their transfer to the State property agency with a view to their disposal.

Subject to the rights of third parties, the investigating judge may also order that ownership of personal property placed under judicial safekeeping which belongs to the persons being prosecuted, where the items no longer need to be kept in order to establish the truth, and their confiscation has been provided for by the law, be surrendered to the State property service with a view to their disposal, where to continue the seizure would decrease the value of the property. If the sale of the asset is then carried out, the proceeds of this are deposited for a period of ten years.Where the proceedings are dropped, or end in a discharge or acquittal, or where the court does not order confiscation, these proceeds are given back to the owner of the items, if he so requests.

The investigating judge may also order the destruction of moveable property placed under judicial safekeeping, which no longer needs to be kept in order to establish the truth, where the items concerned are qualified by law as dangerous or harmful, or where holding them is unlawful.

The decisions taken pursuant to the present article are the subject of a reasoned decision. This order is made either on the district prosecutor's request, or by the court on its own motion after hearing his views. It is communicated to the public prosecutor, the parties concerned and, if their identity is known, the owner as well as the third parties who have rights over this property, who can transfer the matter to the investigating chamber under the conditions provided for in the fifth and sixth paragraphs of article 99.

A Council of State Decree determines the mode of enforcement of the present article.

Article 100.

(Law n° 85-1407 of 30 December 1985 Articles 9 and 94 Official Journal of 31 December 1985 in force on 1 February 1986)

(Law n° 91-646 of 10 July 1991 Article 2 Official Journal of 13 July 1991 in force on 1 October 1991)

For the investigation of felonies and misdemeanours, if the penalty incurred is equal to or in excess of two years's imprisonment, the investigating judge may order the interception, recording and transcription of telecommunication correspondence where the requirements of the investigation call for it. Such operations are made under his authority and supervision.

The interception decision is made in writing. It is not a jurisdictional decision and is unappealable.

Article 100-1.

(Inserted by Law n° 91-646 of 10 July 1991 Article 2 Official Journal of 13 July 1991 in force on 1 October 1991)

The order made pursuant to article 100 must include all the details identifying the link to be intercepted, the offence which justifies resorting to an interception as well as the duration of this interception.

Article 100-2.

(Inserted by Law n° 91-646 of 10 July 1991 Article 2 Official Journal of 13 July 1991 in force on 1 October 1991)

This decision is taken for a maximum duration of four months. It may be extended only by following the same conditions as to form and duration.

Article 100-3.

(Inserted by Law n° 91-646 of 10 July 1991 Article 2 Official Journal of 13 July 1991 in force on 1 October 1991)

The investigating judge or the judicial police officer appointed by him may require any qualified agent of a service or institution placed under the authority or supervision of the Minister in charge of telecommunications, or any qualified agent of a network operator or authorised purveyor of telecommunication services to set up an interception device.

Article 100-4.

(Inserted by Law n° 91-646 of 10 July 1991 Article 2 Official Journal of 13 July 1991 in force on 1 October 1991)

The investigating judge or the judicial police officer appointed by him drafts an official record of both the interception and recording operations. This official record mentions the date and time when the operation started and ended.

Article 100-5.

(Inserted by Law n° 91-646 of 10 July 1991 Article 2 Official Journal of 13 July 1991 in force on 1 October 1991)

The investigating judge or the judicial police officer appointed by him transcribes any correspondence which is useful for the discovery of the truth. An official record is made of these transcriptions. The transcription is attached to the case file.

Correspondence in a foreign language is transcribed into French with the assistance of an interpreter appointed for this purpose.

Article 100-6.

(Inserted by Law n° 91-646 of 10 July 1991 Article 2 Official Journal of 13 July 1991 in force on 1 October 1991)

The recordings are destroyed on the request of the district prosecutor or of the public prosecutor upon the expiry of the limitation period for prosecution.

Article 100-7.

(Inserted by Law n° 91-646 of 10 July 1991 Article 2 Official Journal of 13 July 1991 in force on 1 October 1991)

(Law n° 93-1013 of 24 August 1993 Article 20 Official Journal of 25 August 1993 in force on 2 September 1993)

(Law no. 95-125 of 8 February 1995 Article 50 Official Journal of 9 February 1995)

No interception may be made on the telephone line of a member of parliament or senator unless the president of the assembly he belongs to is informed of the interception by the investigating judge.

No interception may be made on a telephone line connecting the chambers or domicile of an advocate unless the president of the bar association is informed by the investigating judge.

The formalities set out by the present article are prescribed under penalty of nullity.

Article 101.

(Law n° 2000-516 of 15 June 2000 Article 31 Official Journal of 16 June 2000 in force on 1 January 2001)

The investigating judge summons any person whose statement appears useful to him before him through a bailliff or a police officer. A copy of this summons is handed over to the person.

Witnesses may also be summoned by an ordinary letter, a recorded delivery letter or through administrative channels; they may also appear of their own volition.

Where he is summoned or sent for, the witness is informed that if he does not appear or refuses to appear, he can be compelled to by the law-enforcement agencies in accordance with the provisions of article 109.

Article 102.

(Ordinance n° 58-1296 of 23 December 1958 Article 1 Official Journal of 24 December 1958)

(Law n° 72-1226 of 29 December 1972 Article 16 Official Journal of 30 December 1972)

(Law n° 93-2 of 4 January 1993 Article 163 Official Journal of 5 January 1993 in force on 1 March 1993)

(Law n° 2000-516 of 15 June 2000 Article 31 Official Journal of 16 June 2000 in force on 1 January 2001)

They are examined individually by the investigating judge in the presence of his clerk and without the person under judicial examination being present ; an official record is made of their statement.

The investigating judge may call upon an interpreter who has reached the age of majority, with other than his clerk or other witnesses. If the interpreter is not already sworn in, he swears an oath to bring his assistance to justice upon his honour and his conscience.

If the witness is deaf, the investigating judge officially appoints a sign-language interpreter or other qualified person able to communicate with deaf people to help him during the hearing.

This interpreter, if he is not under oath, swears an oath to bring his assistance to justice upon his honour and his conscience. Any other technical means of communicating with the witness may also be used.

If the deaf witness knows how to read and write, the investigating judge may also communicate with him by writing.

Article 103.

(Law n° 2000-516 of 15 June 2000 Article 31 Official Journal of 16 June 2000 in force on 1 January 2001)

Witnesses swear an oath to tell the whole truth and nothing but the truth. The judge asks their surname, first names, age, profession, residence, whether they are the parties' family members or relations by marriage, and to what degree, or if they are in their service. A record is made of the questions and of the answers.

Article 104.

(Ordinance n° 58-1296 of 23 December 1958 Article 1 Official Journal of 24 December 1958)

(Law n° 87-1062 of 30 December 1987 Article 16 Official Journal of 8 January 1958)

(Law n° 93-2 of 4 January 1993 Article 30 Official Journal of 5 January 1993 in force on 1 March 1993)

(Law n° 93-1013 of 2 August 1993 Article 11 Official Journal of 25 August 1993 in force on 2 September 1993)

(Law n° 2000-516 of 15 June 2000 Article 131 Official Journal of 16 June 2000 in force on 1 January 2001)

(Law n° 2000-516 of 15 June 2000 Article 31 Official Journal of 16 June 2000 in force on 1 January 2001)

Translator's note : according to Dalloz, this was repealed in 2001. You need to check this.

[Any person against whom is directed a named complaint with a civil party petition may upon his request, when being examined as a witness, be granted the rights recognised to persons placed under judicial examination by articles 114, 115 and 120. The investigating judge informs the person of this possibility during the first examination after having informed him of the complaint. A record of such a caution is entered into the official record.]

Article 105.

(Ordinance n° 58-1296 of 23 December 1958 Article 1 Official Journal of 24 December 1958)

(Ordinance n° 60-121 of 13 February 1960 Article 1 Official Journal of 14 February 1960)

(Law n° 93-2 of 4 January 1993 Article 31 Official Journal of 5 January 1993 in force on 1 March 1993)

(Law n° 93-1013 of 24 August 1993 Article 11 Official Journal of 25 August 1993 in force on 2 September 1993)

(Law n° 2000-516 of 15 June 2000 Articles 31 and 131 Official Journal of 16 June 2000 in force on 1 January 2001)

Persons against whom there is serious and corroborative evidence that they took part in the offences referred to the investigating judge may not be heard as witnesses.

Article 106.

(Law n° 2000-516 of 15 June 2000 Article 31 Official Journal of 16 June 2000 in force on 1 January 2001)

Each page of the official records is signed by the judge, the clerk and by the witness. The witness is then invited to read over his statement as it has been transcribed, and then to sign it if he declares that he upholds his statement. If the witness is unable to read, the statement is read to him by the clerk. If the witness refuses or is unable to sign, this is mentioned in the official record. Each page is also signed by the interpreter, where there is one.

Article 107.

(Law n° 2000-516 of 15 June 2000 Article 31 Official Journal of 16 June 2000 in force on 1 January 2001)

Official records are drafted in single spacing. Words crossed out and references are approved by the investigating judge, the clerk and the witness and, where necessary, by the interpreter. Without this approval, these words crossed out and references are deemed to be void.

The same rule applies to an official record which has not been signed in accordance with the law.

Article 108.

(Law n° 2000-516 of 15 June 2000 Article 31 Official Journal of 16 June 2000 in force on 1 January 2001)

Article 109.

(Ordinance n° 58-1296 of 23 December 1958 Official Journal of 24 December 1958)

(Law n° 92-1336 of 16 December 1992 Articles 13 and 326 Official Journal of 23 December 1992 in force on 1 March 1994)

(Law n° 93-2 of 4 January 1993 Article 56 Official Journal of 5 January 1993, in force on 1 March 1993)

(Law no. 2000-516 of 15 June 2000 Article 31, 32 & 83 Official Journal of 16 June 2000, in force on 1 January 2001)

(Law no. 2000-1354 of 30 December 2000 Article 8 Official Journal of 31 December 2000, in force on 1 January 2001)

Any person summoned to be heard in the capacity of a witness is obliged to appear, to swear an oath, and to make a statement, subject to the provisions of articles 226-13 and 226-14 of the Criminal Code.

Any journalist heard as a witness in respect of information collected in the course of his activities is free not to disclose its origin.

If the witness does not appear or refuses to appear, the investigating judge may, on the request of the district prosecutor, order him to be produced by the law-enforcement agencies.

Article 110.

(Law n° 2000-516 of 15 June 2000 Article 31 Official Journal of 16 June 2000 in force on 1 January 2001)

Enforcement measures taken against the defaulting witness is made by a requisition order. The witness is brought directly before the judge who prescribed the measures.

Article 111

Article 112.

(Law n° 2000-516 of 15 June 2000 Article 31 Official Journal of 16 June 2000 in force on 1 January 2001)

Where a witness is unable to appear, the investigating judge goes to hear him or delivers a rogatory letter for this purpose in accordance with the formalities set out by article 151.

Article 113.

(Law n° 2000-516 of 15 June 2000 Article 31 Official Journal of 16 June 2000 in force on 1 January 2001)

If the witness examined in the conditions provided for by the previous article previous was not prevented from appearing in answer to the summons, the investigating judge may sentence this witness to the fine set out in article 109.

Article 113-1

(Inserted by Law n° 2000-516 of 15 June 2000 Article 33 Official Journal of 16 June 2000 in force on 1 January 2001)

Any person mentioned by name in the initial submission and who is not indicted may only be heard as an assisted witness.

Article 113-2

(Inserted by Law n° 2000-516 of 15 June 2000 Article 33 Official Journal of 16 June 2000 in force on 1 January 2001)

Any person mentioned by name in a complaint or implicated by the victim may be heard as an assisted witness. Where he appears before the investigating judge, he is compulsorily heard in this capacity if he requests this.

Any person implicated by a witness or against whom there is evidence making it seem probable that he could have participated, as the perpetrator or accomplice, in committing the offence of which the investigating judge is seised, may be heard as an assisted witness.

Article 113-3

(Inserted by Law n° 2000-516 of 15 June 2000 Article 33 Official Journal of 16 June 2000 in force on 1 January 2001)

The assisted witness benefits from the right to be assisted by an advocate, who is informed prior to the hearings and who has access to the case file, in accordance with the provisions of articles 114 and 114-1. He may also ask the investigating judge to be confronted with the person or persons who have implicated him, in accordance with the provisions of article 82-1. This advocate is chosen by the assisted witness or appointed ex officio by the president of the bar association if the person concerned requests this.

During his first hearing as an assisted witness, the person is informed of his rights by the investigating judge.

Article 113-4

(Inserted by Law n° 2000-516 of 15 June 2000 Article 33 Official Journal of 16 June 2000 in force on 1 January 2001)

During his first hearing as an assisted witness, the investigating judge certifies his identity, informs him about the initial submission, the complaint or the denunciation, informs him of his rights and carries out the formalities provided for in the last two paragraphs of article 116. This information is noted in the official record.

The investigating judge may notify a person that he will be heard as an assisted witness by sending a recorded delivery letter. This letter includes the information provided for in the first paragraph. It specifies that the name of the advocate chosen or the request for the automatic appointment of an advocate must be sent to the investigating judge's clerk.

Article 113-5

(Inserted by Law n° 2000-516 of 15 June 2000 Article 33 Official Journal of 16 June 2000 in force on 1 January 2001)

The assisted witness cannot be placed under judicial supervision or in pre-trial detention, or be the subject of a transfer order or be placed under judicial examination.

Article 113-6

(Inserted by Law n° 2000-516 of 15 June 2000 Article 33 Official Journal of 16 June 2000 in force on 1 January 2001)

At any point of the proceedings, the assisted witness may, during his hearing or by a recorded delivery letter with acknowledgement of receipt, request that the investigating judge place him under judicial examination; the person is then considered as under judicial examination and benefits from all the rights of defence, as from his request, or the sending of his recorded delivery letter with acknowledgement of receipt.

Article 113-7

(Inserted by Law n° 2000-516 of 15 June 2000 Article 33 Official Journal of 16 June 2000 in force on 1 January 2001)

Article 113-8

(Inserted by Law n° 2000-516 of 15 June 2000 Article 33 Official Journal of 16 June 2000 in force on 1 January 2001)

If, during the course of the proceedings, it appears that there is serious corroborative proof justifying the assisted witness being placed under judicial examination, the investigating judge may only place him under judicial examination by applying the provisions of the seventh paragraph of article 116 after informing the person of his intention, if necessary by recorded delivery letter, and putting him in a position to make his comments known. He may also place him under judicial examination by sending the person a recorded delivery letter, at the same time as the notice of the end of the investigation provided for in article 175, listing each of the charges against him, as well as their legal qualification, and informing him of his right during a period of twenty days to request steps to be taken or to apply for the proceedings to be annulled under articles 81, 82-1, 82-2, 156 and 173. The person is also informed that if he requests to be heard again by the judge, the judge is obliged to proceed to interrogate him.

Article 114.

(Law n° 85-1407 of 30 December 1985 Article 15 and 94 Official Journal of 31 December 1985 in force the 1 February 1986)

(Law n° 93-1013 of 24 August 1993 Article 312Official Journal of of 25 August 1993 in force 2 September 1993)

(Law no 96-1235 of 30 December 1996 Article 12 Official Journal 1January 1997, in force 31 March 1997)

(Law n° 2000-516 of 15 June 2000 Article 83 Official Journal of 16 June 2000 in force the 1 January 2001)

Unless they expressly waive this right, parties may only be heard, interrogated or confronted in the presence of their advocates or when their advocates have been duly called upon.

The advocates are summoned five working days at the latest before the interrogation or examination of the party they assist, by recorded delivery letter with request for acknowledgement of receipt, by fax with receipt, or verbally with a signature in the case file of the proceedings.

The case file is put at their disposal four working days at the latest before each interrogation of the person under judicial examination or each hearing of the civil party. After the first appearance of the person under judicial examination or the first hearing of the civil party, the case file is also put at the permanent disposal of the advocates during working days, subject to the requirements of the proper functioning of the investigating judge's office. Where the provisions of the last paragraph of article 80-1 are implemented, the case file is put at the advocate's disposal, subject to the requirements of the proper functioning of the investigating judge's office, fifteen days after the sending of the recorded delivery letter or the note made in the official record, if the first appearance has not meanwhile taken place.

After the first appearance or first examination, the advocates of the parties may request the issuance at their expense of a copy of some or all of the documents and instruments of the case file.

The advocates may transmit a reproduction of the copies obtained in this way to their client. The latter states beforehand in writing that he is aware of the provisions of the following paragraph and of article 114-1.

Only copies of the experts' reports may be communicated to third parties, by the parties or their advocates, and for the needs of the defence.

The advocate must notify the investigating judge of the list of documents or procedural acts, copies of which he wishes to give to his client, by a declaration made to the investigating judge's clerk, or by a recorded delivery letter with request for acknowledgement of receipt, and made for this sole purpose.

The investigating judge has five working days from receiving the application to refuse to deliver some or all of these copies by making a specially reasoned order in respect of the risks of pressure on the victims, the person under judicial examination, their advocates, the witnesses, the investigators, the experts or any other person taking part in the proceedings.

This decision is made known to the advocate immediately, and by any method. Failing a response from the investigating judge notified within the assigned time limit, the advocate may give his client the copy of the documents or acts in the list that he provided. Within two days of its notification, he can refer the investigating judge's decision to the investigating chamber's presiding judge, who rules within five working days by making a written, reasoned and unappealable decision. Where there is no response within the assigned time limit, the advocate may give his client the copy of the documents or acts mentioned on the list.

The rules pursuant to which such documents may be handed by his advocate to a person detained and the conditions under which this person may hold these documents are determined by a Council of State Decree.

By way of exception to the provisions of the eighth and ninth paragraphs, the advocate of a civil party whose petition is challenged as inadmissible may not give his client a copy of the documents or procedural acts without the prior authorisation of the investigating judge, which may be sent to him by any means. In the event of a refusal by the investigating judge or in the absence of a response made by this judge within five working days, the advocate may refer to the presiding judge of the investigating chamber, who decides within five working days by making a written, reasoned and unappealable decision. In the absence of prior authorisation from the presiding judge of the investigating chamber, the advocate may not give the copy of the documents or procedural acts to his client.

Article 114-1.

(Law n° 96-1235 of 30 December 1996 Article 2 Official Journal of 1 January 1997 in force 31 March 1997)

(Ordinance n° 2000-916 of 19 September 2000 Article 3 Official Journal of of 22 September 2000 in force 1 January 2002)

Subject to the provisions of the sixth paragraph of article 114, for a party given a copy of documents or procedural acts, in accordance with this article, to pass them on to a third party, is punished by a fine of € 3,750.

Article 115.

The parties may at any time of the investigation notify the investigating judge of the name of the advocate they have chosen; if they appoint several advocates, they must indicate to which one of them will be sent the summons and notifications; the latter will be sent to the first advocate chosen in the absence of such a choice.

Where the person under judicial examination is held in custody, the choice of his advocate is made in a letter sent by this person to the advocate, appointing him to act in his defence. A copy of this letter, in its entirety or parts of it, must be sent by the advocate to the investigating judge's office. The person under judicial examination must confirm this choice to the investigating judge within fifteen days. This time limit does not affect the free communication of the case file to the advocate.

Article 116.

(Ordinance n° 58-1296 of 23 December 1958 Article 1 Official Journal of 24 December 1958 in force the 2 March 1959)

(Law n° 93-1013 of 24 August 1993 Article 13 Official Journal of of 25 August 1993 in force 2 September 1993)

(Law n° 2000-516 of 15 June 2000 Article 23 Official Journal of 16 June 2000 in force the 1 January 2001)

(Law no. 2000-1354 of 30 December 2000 Article 12 Official Journal of 31 December 2000, in force on 1 January 2001)

Where he envisages placing a person who has not already been heard as an assisted witness under judicial examination, the investigating judge carries out his first appearance according to the conditions set out by the present article.

The investigating judge confirms the person's identity and expressly informs him of each of the charges of which he is seised and for which placement under judicial examination is contemplated, specifying their legal qualification. A record of these charges and their legal qualification is made in the official record.

Where the provisions of article 80-2 have been applied and the person is aided by an advocate, the investigating judge carries out his interrogation; the person's advocate may present his comments to the investigating judge.

In all other cases, the investigating judge informs the person of his right to choose an advocate or to ask that one be officially appointed for him. The chosen advocate, or in the case of a request for a court-appointed advocate, the president of the bar association, is informed without delay and by any method. If the chosen advocate cannot be contacted or cannot come, the person is advised of his right to request a court-appointed advocate, in order to help him during his first appearance. The advocate may consult the case file at once and freely communicate with the person. The investigating judge then informs the person of his choice to remain silent, to make a statement, or to be interrogated. A record of this information is made in the official record. The consent to being interrogated can only be given in the presence of an advocate. The person's advocate may also present his remarks to the investigating judge.

After, as may be, recording the person's statements or carrying out his interrogation and hearing his advocate's comments, the investigating judge informs him:

--either that he is not placed under judicial examination; the investigating judge then advises him that he benefits from the rights of an assisted witness;

--or that he is placed under judicial examination; the investigating judge then brings to the person's attention the matters or the legal qualification of the matters of which he is accused, if these matters or their legal qualification differ from those of which he has previously been informed; he informs him of his right to request steps to be taken or to apply for the proceedings to be anulled under 81, 82-1, 82-2, 156 and 173 during the course of the investigation, and at the latest by the twentieth day after the notice provided for by the last paragraph of article 175, subject to the provisions of article 173.-1.

If he feels that the expected time for the completion of the investigation is less than a year in the case of a misdemeanour or eighteen months in the case of a felony, the investigating judge informs the person of this expected time, and advises that at the expiry of this time limit, he will be able to request the closure of the proceedings, pursuant to the provisions of article 175-1. If not, he indicates to the person that he can request the closure of the proceedings at the end of a year in in the case of a misdemeanour, or eighteen months inthe case of a felony, in accordance with the same article.

At the end of the first appearance, the person must register his personal address with the investigating judge. He may, however, substitute the address of a third party responsible for receiving the acts which are meant for him if he produces evidence that this third party agrees. If the investigation takes place in metropolitan France, the address must be located within an adminsistrative division of metropolitan France. If the investigation takes place in an overseas département, the address must be within this département. This declaration is made before the liberty and custody judge where this judge, referred the case by the investigating judge, decides not to place the person in detention.

The person is advised that he must indicate any change of registered address to the investigating judge in a new declaration or a recorded delivery letter with acknowledgement of receipt until the completion of the investigation. He is also informed that any notification or service made to the last registered address is considered to be delivered to him in person. A record of this notice, as well as the declaration of address, made in the official record. Where the liberty and custody judge decides not to put the person in detention, these notices are given by this judge.

Article 117.

(Ordinance n° 58-1296 of 23 December 1958 Article 1 Official Journal of 24 December 1958 in force on 2 March 1959)

(Law no. 72-1226 of 29 December 1972 Article 14 Official Journal of 30 December 1972)

(Law no. 83-466 of 10 June 1983 Article 29-i Official Journal of 11 June 1983, in force 27 June 1983)

(Law n° 93-2 of 4 January 1993 Article 36 Official Journal of 5 January 1993, in force on 1 March 1993)

(Law n° 93-1013 of 24 August 1993 Article 6 Official Journal of 25 August 1993, in force on 2 September 1993)

Notwithstanding the provisions set out in article 116, the investigating judge may carry out an immediate interrogation and confrontations in a case of urgency arising from the condition of a witness in danger of death, or from the existence of evidence on the point of disappearing, as well as in the case set out by the last paragraph of article 72.

Article 118

Article 119.

(Law n° 93-2 of 4 January 1993 Article 163 Official Journal of 5 January 1993, in force on 1 March 1993)

(Law no. 2000-516 of 15 June 2000 Article 3 Official Journal of 16 June 2000, in force on 1 January 2001)

The district prosecutor may attend the interrogations and confrontations of the person under judicial examination and the civil party hearings.

Whenever the district prosecutor has informed the investigating judge of his intention to be present, the investigating judge's clerk must, under penalty of a 1.5 € civil fine imposed by the presiding judge of the investigating chamber, notify him by a simple note, at the latest two days before the interrogation.

Article 120

(Law n° 93-2 of 4 January 1993 Article 165 and 224 Official Journal of 5 January 1993 decision 1 March 1993)

(Law n° 2000-516 of 15 June 2000 Article 25 Official Journal of 16 June 2000 in force the 1 January 2001)

The investigating judge is in charge of interrogations, confrontations and hearings. The district prosecutor and the advocates acting for the parties may ask questions or make brief observations.

Where appropriate, the investigating judge decides on the order of interventions and may put an end to them if he feels himself to be adequately informed. He may refuse any questions likely to disrupt the proper course of the enquiry, as well as questions of a personal or insulting nature.

Submissions made by the district prosecutor or the parties' advocates, which represent a formal acknowledgement of a disagreement with the investigating judge over the contents of the official report, are to be attached to the case file by the investigating judge.

Article 121.

(Law n° 2000-516 of 15 June 2000 Article 26 Official Journal of 16 June 2000 in force the 1 January 2001)

The official records of interrogations and confrontations are drafted in accordance with the formalities set out in articles 106 and 107.

If the person under judicial examination is deaf, the investigating judge officially appoints a sign-language interpreter or another qualified person able to communicate with deaf people to help him during the enquiry.

This interpreter, if he is not under oath, swears an oath to bring his assistance to justice upon his honour and his conscience

Any other technical means of communicating with the person under judicial examination may also be used.

If the person under judicial examination knows how to read and write, the investigating judge may also communicate with him by writing.

Article 122.

(Law n° 87-1062 of 30 December 1987 Article 11 Official Journal of of 31 December 1987)

(Law n° 93-2 of 4 January 1993 Article 236 Official Journal of 5 January 1993 decision 1 March 1993)

(Law n° 93-2 of 4 January 1993 Article 59 Official Journal of 5 January 1993 decision 1 March 1993)

(Law n° 93-1013 of 24 August 1993 Article 19 Official Journal of of 25 August 1993 in force 2 September 1993)

(Law n° 2000-516 of 15 June 2000 Article 132 Official Journal of 16 June 2000 in force the 1 January 2001)

The investigating judge may issue a subpoena, a summons or an arrest warrant, according to the case. The liberty and custody judge may issue a committal order.

A subpoena is designed to give to the person against whom it is made a notice to appear before the judge at the date and time specified by this warrant.

A summons is the order given by the judge to the law-enforcement forces to bring the person against whom it is made immediately before him.

A committal warrant is the order given by the liberty and custody judge to the prison governor to receive and detain the person under judicial examination against whom a remand ruling has been made. This warrant also authorises the collection or the transfer of the person concerned, so long as he has been previously notified.

An arrest warrant is the order given to the law-enforcement authorities to collect the person against whom it is made and to bring him to the remand prison mentioned on the warrant, where he will be received and detained.

Article 123.

(Law n° 72-1226 of 29 December 1972 Article 26 Official Journal of of 30 December 1972 in force 1 January 1973)

(Law n° 84-576 of 9 July 1984 Article 1 and Article 19 Official Journal of 10 July 1984 in force 1 January 1985)

(Law n° 87-1062 of 30 December 1987 Article 1 Official Journal of 31 December 1987)

(Law n° 89-461 of 6 July 1989 Article 2 Official Journal of 8 July 1989 in force 1 December 1989)

(Law n° 93-2 of 4 January 1993 Article 166 Official Journal of 5 January 1993 decision 1 March 1993)

Every warrant specifies the identity of the person against whom it is made; it is dated and signed by the judge who makes it and it bears his seal.

Summonses, committal orders and warrants for arrest also mention the type of charges brought against the named person, their legal qualification and the applicable legal statutes.

A subpoena is served by a bailiff to the person against whom it are made, or is served on this person by a judicial police officer or agent, or by an agent of the law-enforcent authorities, who hands him a copy of it.

A summons or an arrest warrant is served and enforced by a judicial police officer or agent or by an agent of the law-enforcement authorities, who shows the warrant to the person and hands him a copy of it.

If the person has already been detained for another reason, the warrrant is served as indicated in the previous paragraph or, on the district prosecutor's instructions, by the prison governor, who also delivers a copy of the warrant.

In urgent cases, summonses and arrest warrants may be sent by any possible means.

Where this is the case, the essential information from the original warrant, especially the identity of the person against whom it is made, the type of offences he is charged with and their legal qualification, the name and position of the judge making the warrant must all be specified. The original warrant or its copy is sent as quickly as possible to the agent in charge of enforcing it.

Article 124

Article 125

(Law n° 93-2 of 4 January 1993 Article 167 Official Journal of 5 January 1993 decision 1 March 1993)

The investigating judge immediately interrogates the person against whom a summons has been issued.

The interrogation of a person arrested in accordance with a summons is carried out under the same conditions. However, if the interrogation cannot be immediate, the person is brought to the remand prison, where he may not be detained more than twenty-four hours.

Upon the expiry of this time limit, he is automatically brought by the prison governor before the district prosecutor who calls upon the investigating judge, or in his absence, the court's presiding judge, to immediately carry out the interrogation, failing which the person is released.

Article 126

(Law n° 92-1336 of 16 December 1992 Article 14 Official Journal of 23 December 1992 in force 1 March 1994)

(Law n° 93-2 of 4 January 1993 Article 168 Official Journal of 5 January 1993 decision 1 March 1993)

Any person arrested in accordance with a summons, who has been kept more than twenty-four hours in the remand prison without being interrogated, is deemed arbitrarily detained.

Articles 432-4 to 432-6 of the Criminal Code are applicable to any judges, prosecutors or civil servants who have ordered or knowingly tolerated this arbitrary detention.

Article 127

(Law n° 72-1226 of 29 December 1972 Article 27 Official Journal of of 30 December 1972 in force 1 January 1973)

(Law n° 93-2 of 4 January 1993 Article 169 Official Journal of 5 January 1993 decision 1 March 1993)

If the person searched for in accordance with a summons is found more than two hundred kilometres from the seat of office of the investigating judge who made the warrant, he is brought within twenty-four hours either, with his consent, before the judge who made this warrant, or before the district prosecutor of the place of arrest.

Article 128

(Law nº 84-576 du 9 July 1984 art. 2 and art. 19 Official Journal 10 July 1984 in force 1 January 1985)

(Law nº 93-of 4 January 1993 art. 170 Official Journal of 5 January 1993 in force 1 March 1993)

This judge questions him as to his identity, records his statement after cautioning him that he free not to make one, asks him if he consents to be transferred or prefers to extend the effect of the summons by waiting in the place he then is for the decision of the investigating judge in charge of the case. If the person declares he opposes the transfer, he is brought to the remand prison and an immediate notification is sent to the competent investigating judge. The original or the copy of the official record of the appearance including a full description is immediately sent to this judge, with any information likely to facilitate in ascertaining his identity.

This official record must mention that the person was informed that he was free not to make a statement.

Article 129

The investigating judge in charge of the case decides immediately upon receiving these documents whether there is a need to order the transfer of the person.

Article 130

(Law nº 84-576 of 9 July 1984 art. 3 Official Journal of 10 July 1984 in force 1 January 1985)

(Law nº 93-2 4 of 4 January 1993 art. 171 Official Journal of 5 January 1993 in force 1 March 1993)

Where a transfer is required under the conditions set out by articles 128 and 129, the person must be brought before the investigating judge who made the warrant within four days of the notification of the warrant.

This time limit is however extended to six days in the event of a transfer from an overseas département to another département or from continental France to an overseas département.

Article 130-1

(Law nº 84-576 of 9 July 1984 art. 4 Official Journal of 10 July 1984 in force 1 January 1985)

(awi nº 93-2 of 4 January 1993 art. 172 Official Journal of 5 January 1993 in force 1 March 1993)

Where the time limits imposed by articles 127 and 130 are not complied with, the person is released upon the order of the investigating judge in charge of the case, unless his transfer was delayed by insuperable circumstances.

Article 131

(Law n° 93-2 of 4 January 1993 art. 173 ; Official Journal of 5 January 1993 ; in force 1 March 1993)

If the person has absconded or if he resides outside the territory of the Republic, the investigating judge may, after hearing the opinion of the district prosecutor, issue an arrest warrant against him if the offence carries a misdemeanour imprisonment penalty or a more serious penalty.

Article 132

(Law n° 93-2 of 4 January 9113 art. 174 ; Official Journal of 5 January 1993, in force 1 March 1993)

The person arrested in accordance with an arrest warrant is brought forthwith to the remand prison mentioned in the warrant, subject to the provisions of article 133, paragraph 2.

The prison governor hands a receipt acknowledging the person's transfer to the official in charge of enforcing the warrant.

Article 133

(Law n° 84-576 of 9 July 1984 Article 5-i, 5-ii, 5-iii; Official Journal of 10 July 1984 in force 1 January 1985)

(Law n° 87-1062 of 30 December 1987 Article 1 Official Journal of of 31 December 1987, in force 1 September 1989)

(Law n° 93-2 of 4 January 1993 Article 175 Official Journal of 5 January 1993 in force 1 March 1993)

The judge proceeds with the examination of the person and decides on the extension of his detention pursuant to the conditions set out by article 145, within twenty-fours hours of the incarceration. Failing this, and upon expiry of this time limit, the provisions of articles 125, third paragraph, and 126 are applicable.

If the person is arrested more than two hundred kilometres from the seat of office of the investigating judge who issued the warrant, he is immediately brought before the district prosecutor of the place of arrest, who records his statement after cautioning him that he is free not to make a statement. This notice is recorded in the official record.

The district prosecutor immediately informs the judge who made the warrant and requests the transfer. If the transfer cannot be made immediately, the district prosecutor reports this to the issuing judge.

Where a transfer must be made, the person is brought to the remand prison mentioned in the warrant within the time limits set out in article 130. The provisions of article 130-1 are applicable.

Article 134

(Law n° 72-1226 of 29 December 1972 Article 30 Official Journal of of 30 December 1972 in force 1 January 1973)

(Law n° 93-2 of 4 January 1993 Article 176 Official Journal of 5 January 1993 in force 1 March 1993)

(Law n° 2000-516 of 15 June 2000 Article 24; Official Journal of 16 June 2000 in force 1 January 2001)

The officer in charge of enforcing the summons or the arrest warrant may not enter a citizen's home before 6 a.m. or after 9 p.m.

He may be accompanied by sufficient force to ensure that the person does not evade the law. This force is taken from the place closest to where the warrant must be enforced and it is obliged to obey the requisitions included in this warrant.

If the person cannot be arrested, an official report of the fruitless search is sent to the judge who issued the warrant., The person concerned is then considered to be placed under judicial examination for the purposes of article 176.

Article 135

(Law n° 87-1062 of 30 December 1987 Article 1; Official Journal of of 31 December 1987)

(Law n° 89-461 of 6 July 1989 Article 3; Official Journal of 8 July 1989 in force 1 December 1989)

(Law n° 93-2 of 4 January 1993 Article 237; Official Journal of 5 January 1993 decision 1 March 1993)

(Law n° 93-2 of 4 January 1993 Article 61; Official Journal of 5 January 1993 in force 1 January 1994)

(Law n° 93-1013 of 24 August 1993 Article 19; Official Journal of of 25 August 1993 in force 2 September 1993)

(Law n° 2000-516 of 15 June 2000 Article 132 Official Journal of 16 June 2000, in foprce 1 January 2001)

As regards felonies or misdemeanours, committal warrants may not be issued except to enforce the ruling provided for in article 145.

The officer in charge of enforcing the committal warrant hands over the person concerned to the prison governor, who gives him a receipt acknowledging this hand-over.

Article 136

(Law n° 92-1336 of 16 December 1992 Article 18; Official Journal of 23 December 1992 in force 1 March 1994)

(Law n° 93-2 of 4 January 1993 Article 177; Official Journal 5 January 1993 decision 1 March 1993)

(Law n° 2000-516 of 15 June 2000 Article 83; Official Journal of 16 June 2000 in force 1 January 2001)

(Ordinance n° 2000-916 of 19 September 2000; Article 3 Official Journal 22 September 2000 in force 1 January 2002)

The non-observance of the formalities laid down for subpoenas, summonses, committal orders and arrest warrants is punished by a € 7,5 civil fine imposed upon the clerk by the presiding judge of the investigating chamber; it can lead to disciplinary sanctions against the investigating judge, the liberty and custody judge or the district prosecutor.

These provisions are extended, unless more severe penalties are enforced, to any violation of the measures protecting personal freedom laid down in articles 56, 57, 59, 96, 97, 138 and 139.

In the cases outlined in the previous two paragraphs and in any case of violation of personal freedom, the issue may never be raised by administrative authorities, and judicial courts always have exclusive competence.

The same rules apply to any civil proceedings initiated on the grounds of actions amounting to an attack against personal freedom or against the inviolability of a person's home set out by articles 432-4 to 432-6 and 432-8 of the Criminal Code, whether directed against a public body or its agents.

SECTION VII : JUDICIAL SUPERVISION AND PRE-TRIAL DETENTION____________________________________________________________

Article 137

(Law n° 84-576 of 9 July 1984 Article 8 and Article 19; Official Journal of 10 July 1984 in force 1 January 1985)

(Law n° 87-1062 of 30 December 1987 Article 2; Official Journal of 31 December 1987 in force 1 September 1989)

(Law n° 93-2 of 4 January 1993 Article 178; Official Journal of 5 January 1993, in force 1 March 1993)

(Law n° 93-1013 of 24 August 1993 Article 16; Official Journal of of 25 August 1993 in force 2 September 1993)

The person under judicial examination, presumed innocent, remains at liberty. However, if the investigation so requires, or as a precautionary measure, he may be subjected to one or more obligations of judicial supervision. If this does not serve its purpose, he may, in exceptional cases, be remanded in custody.

Article 137-1

(Law n° 93-2 of 4 January 1993 Article 235; Official Journal of 5 January 1993, in force 1 March 1993)

(Law n° 93-1013 of 24 August 1993 Article 34; Official Journal of of 25 August 1993 in force 2 September 1993)

(Law n° 93-2 of 4 January 1993 Article 57; Official Journal of 5 January 1993, in force 1 January 1994)

(Law n° 93-1013 of 24 August 1993 Article 18; Official Journal of of 25 August 1993 in force 2 September 1993)

(Law n° 2000-516 of 15 June 2000 Article 48; Official Journal of 16 June 2000 in force the 1st January 2001)

(Law n° 2000-1354 of 30 December 2000 art. 13; Official Journal 31 December 2000, in force 1 January 2001)

Pre-trial detention is ordered and extended by the liberty and custody judge. Release applications are also submitted to him.

The liberty and custody judge is a judge with the rank of presiding judge, of senior deputy presiding judge, or of deputy presiding judge. He is appointed by the presiding judge of the district first instance court. When he gives a decision at the end of a debate, he is aided by a clerk. He can, in that case, apply the provisions of article 93.

He may not, under pain of nullity, participate in the trial of criminal cases of which he has taken cognizance.

He is seised of the case by a reasoned judgment ruling from the investigating judge, who transfers to him the case file and the district prosecutor's initial submissions.

Article 137-2

(Inserted by Law n° 2000-516 of 15 June 2000 Article 48; Official Journal of 16 June 2000 in force the 1st January 2001)

Judicial supervision is ordered by the investigating judge, who gives his judgment after taking note of the district prosecutor's recommendations.

Where he is in charge of the case, the liberty and custody judge may also make a custody ruling.

Article 137-3

(Inserted by Law n° 2000-516 of 15 June 2000 Article 48; Official Journal of 16 June 2000 in force 1 January 2001)

The liberty and custody judge gives his ruling by a reasoned judgment. Where he orders or prolongs a remand in custody, or rejects a request for release, the ruling must enunciate the legal and factual matters that render judicial supervision inadequate, as well as the grounds for detention, with reference only to the provisions of articles 143-1 and 144.

In every case, the person under judicial examination is notified of the ruling and receives a complete copy of it, for which he has to sign the case file.

Article 137-4

(Inserted by Law n° 2000-516 of 15 June 2000 Article 48; Official Journal of 16 June 2000 in force 1 January 2001)

The investigating judge is nor required to make a formal ruling in the following cases:

1 Where, having received the district prosecutor's submissions in favour of remanding a person in custody or extending this, he does not send the case file to the liberty and custody judge;

2 Where he does not follow the district prosecutor's conclusions in favour the pronouncement of a judicial supervision measure.

Article 137-5

(Inserted by Law n° 2000-516 of 15 June 2000 Article 48; Official Journal of 16 June 2000 in force the 1st January 2001)

Where he was not successful in his submissions requesting that the person under judicial examination be remanded in custody or placed under judicial supervision, or extending his remand in custody, the district prosecutor may directly seise the investigating chamber within ten days of the notice served on him by the court office.

Article 138

(Law n° 85-1407 of 30 December 1985 art. 16 and 94 ; Official Journal 31 December 1985 in force 1 February 1986)

(Law n° 87-1062 of 30 December 1987 art 3 ; Official Journal of 31 December 1987, in force 1 September 1989)

(Law n° 93-2 of 4 January 1993 art 179 ; Official Journal 5 January 1993, in force 1 March 1993)

(Law n° 93-1013 of 24 August5 1993 art 46 ; Official Journal 25 August 1993, in force 2 September 1993)

(Law n° 2000-516 of 15 June 2000 art 50, 51 and 132 ; Official Journal 16 June 2000, in force 1 January 2001)

Judicial supervision may be ordered by the investigating judge or the liberty and custody judge if the person under judicial examination is liable to incur a misdemeanour imprisonment penalty, or one that is more severe.

This supervision compels the person to submit himself to one or more of the obligations enumerated hereafter, according to the investigating judge's decision :

2° not to leave his domicile or the residence fixed by the investigating judge except under the conditions and for the grounds determined by this judge;

3° not to go to certain places or only to go to the places determined by the investigating judge;

4° to notify the investigating judge of any travel beyond the boundaries determined;

5° to appear periodically before the services, authorised associations or authorities appointed by the investigating judge, who are obliged to exercise the utmost discretion in respect of the actions of which the person under judicial examination is accused;

6° to answer the summons of any authority, association or qualified person appointed by the investigating judge and to submit himself to, as the case may be, supervision measures concerning his work or trade, or his attendance at lessons of any description as well as any socio-educational measures designed to favour his reinsertion into society as well as to prevent re-offending;

7° to hand over all identity documents, especially his passport, to the court office or a police station in exchange for a receipt which acts as a proof of identity;

8° to abstain from driving all or certain types of vehicle and, if necessary, to hand over his driving licence to the court office in exchange for a receipt. However the investigating judge may decide that the person under judicial examination may drive in order to work;

9° to abstain from seeing, meeting and contacting by any means those persons specifically identified by the investigating judge;

10° to undergo medical examination, treatment or care, even hospitalisation, particularly with the aim of detoxification;

11° to provide a guarantee, of which the amount and instalments (which may be one or more) are determined by the investigating judge, taking into account the income and outgoings of the person under judicial examination.

12° not to engage in certain professional or social activities, with the exception of electoral mandates or union responsibilities, where the offence was committed in the performance of these activities and where it is feared that a new offence may be committed. Where the activity concerned is that of an advocate, the investigating judge must refer the case to the bar council, which decides as stated under article 23 of law n° 71-1130 of 31 December 1971 governing the reform of certain judicial and legal professions. The Bar Council gives a ruling within fifteen days.

13° not to draw cheques other than those which exclusively allow the withdrawal of sums by the drawer from the drawee or certified cheques and, if necessary, to hand over to the court office any cheques whose use is thus prohibited.

14° not to hold or carry any weapons and, if necessary, to hand any weapons he holds over to the court office in exchange for a receipt;

15° to provide real or personal securities, for a sum and for a period determined by the investigating judge;

16° to prove he contributes to family expenses or regularly pays the maintenance he has been ordered to pay in accordance with judicial decisions and the judicially confirmed agreements entailing the obligation to pay services, subsidies or contributions to matrimonial expenses.

The terms of implementation of the present article, in particular as regards the certification of persons contributing towards judicial supervision, are determined, if necessary, by a Decree of the Council of State.

Article 139

(Law n° 85-1407 of 30 December 1985 art. 17 and 94 ; Official Journal 31 December 1985 in force 1 February 1986)

(Law n° 87-1062 of 30 December 1987 art 3 ; Official Journal of 31 December 1987, in force 1 September 1989)

The person under judicial examination is placed under judicial supervision by an order given by the investigating judge which may be made at any stage of the investigation.

The investigating judge may at any time impose upon the person under judicial examination one or more new obligations, cancel all or part of the obligations included in the supervision, amend one or more of these obligations or grant an occasional or temporary exemption from complying with specific obligations.

Article 140

(Law n° 85-1407 of 30 December 1985 art. 18 and 94 ; Official Journal 31 December 1985 in force 1 February 1986)

The investigating judge may order the lifting of the judicial supervision at any time either on his own motion, on the district prosecutor's recommendations, at the person concerned's request after hearing the opinion of the district prosecutor. The investigating judge rules on person's application within five days, with a reasoned judgment.

If the investigating judge has not given judgment within this period, the person concerned may refer his application directly to the investigating chamber which, after receiving the public prosecutor's written and reasoned submissions, decides within twenty days of the submission of the case. Failing this, the lifting of the judicial supervision is granted as of right, except when verification of the person's application have been ordered.

Article 141

Article 141-1

(Inserted by Law n° 70-643 of 17 July 1970 art 1 ;Official Journal 19 July 1970, in force 1 January 1971)

The powers granted to the investigating judge by articles 139 and 140 may be exercised in any case by the competent court according to the provisions of article 148-1.

Article 141-2

(Law n° 70-643 of 17 July 1970 art 1 ;Official Journal 19 July 1970 in force 1 January) 1971)

(Law n° 85-1303 of 10 December 1985 art 15 and 42 ;Official Journal 11 December 1985 in force 1 March 1988)

(Law n° 87-1062 of 30 December 1987 art 3 ;Official Journal 31 December 1987, in force 1 September 1989)

(Law n° 93-2 of 4 January 1993 art 62 and 226 ;Official Journal 5 January 1993, in force 1 March 1993)

(Law n° 93-1013 of 24 August 1993 art 19 ;Official Journal 25 August 1993 in force 2 September 1993)

(Law n° 2000-516 of 15 June 2000 art 132 and 136 ;Official Journal 16 June 2000, in force 1 January 2001)

If the person under judicial examination intentionally evades the obligations of the judicial supervision, the investigating judge may issue an arrest warrant or a summons against him. Under the conditions provided for in paragraph four of article 137-1, he may also refer the case to the liberty and custody judge in order to remand the person in custody. Whatever period of imprisonment the offence in question carries, the liberty and custody judge may issue a committal order against him with a view to remanding him in custody, subject to the provisions of article 141-3.

The same rights are granted in any case to the competent court, according to the distinctions contained in article 148-1. However, there is no need to serve a warrant on the accused and the order for arrest is enforced at the direction of the presiding judge of the investigating chamber or, during the assizes at which the person concerned should be tried, by the presiding judge of the court of assizes.

Article 141-3

(Law n° 70-643 of 17 June 2000 art 61 ;Official Journal 16 June 2000, in force 1 January 2001)

Where the order to remand someone in custody is made after the judicial supervision of a person earlier remanded in custody for the same charges is revoked, the cumulative duration of the separate remands may not exceed by more than four months the maximum periods of detention set out in articles 145-1 and 145-2. Where the sentence applicable to the offence is shorter than the one mentioned in article 143-1, the total amount of time spent in prison may not exceed four months.

Article 142

(Law n° 70-642 of 17 July 1970 art 1 ;Official Journal 19 July 1970 in force 1 January 1971)

(Law n° 93-2 of 4 January 1993 art 124 ;Official Journal 5 January 1993 in force 1 March 1993)

(Law n° 2000-516 of 15 June 2000 art 51 ;Official Journal 16 June 2000 in force 1 January 2001)

Where the person under judicial examination is obliged to provide a guarantee or sureties, the guarantee or sureties secure :

1° the appearance of the person under judicial examination, of the defendant or of the accused for all the procedural steps and for the enforcement of the judgment, as well as, where necessary, the enforcement of the other obligations imposed upon him;

a) of compensation for the damage caused by the offence and of restitution, as well as of any sum of alimony due where the person under judicial examination is prosecuted for defaulting on the payment of this debt;

The decision of the investigating judge determines the sums attributed to each of the two parts of the guarantee or security. The investigating judge may also decide that the sureties guarantee the victims' rights in their entirety.

Article 142-1

(Law nº 83-608 of 8 July 1983 art. 5 Official Journal of 9 July 1983 in force 1 September 1983)

(Law nº 93-2 of 4 January 1993 art. 242 Official Journal of 5 January 1993 in force 1 March 1993)

(Law nº 93-2 of 4 January 1993 art. 181 Official Journal of 5 January 1993 in force 1 January 1994)

(Law nº 94-89 of 1 February 1994 art. 17 Official Journal of 2 February 1994 in force 2 February 1994)

The investigating judge may, with the consent of the person under judicial examination, order that the part of the guarantee assigned to the guarantee of the victim's rights or the creditor of an alimony debt is provisionally paid to these persons upon their application.

This payment may also be ordered even without the consent of the person under judicial examination, where an enforceable judicial decision has granted the victim or creditor an interim payment in respect of the offences prosecuted.

Article 142-2

(Law nº 70-643 of 17 July 1970 art. 1 Official Journal of 19 July 1970 in force 1 January 1971)

(Law nº 92-1336 of 16 December 1992 art. 16 Official Journal of 23 December 1992 in force 1 March 1994)

(Law nº 93-2 of 4 January 1993 art. 179 Official Journal of 5 January 1993 in force 1 March 1993)

(Law nº 2000-516 of 15 June 2000 art. 51 Official Journal of 16 June 2000 in force 1 January 2001)

The first part of the guarantee is returned if the person under judicial examination, the defendant or the accused appears for all the procedural steps, complies with the judicial supervision obligations and submits to the enforcement of the judgment.

In the opposite case, unless there is a legitimate reason, or a decision to drop the case, discharge the defendant or acquit him, the first part of the guarantee is forfeited to the State, or the collection of the debt guaranteed by the first part of the security is carried out.

Article 142-3

(Law nº 70-643 of 17 July 1970 art. 1 Official Journal of 19 July 1970 in force 1 January 1971)

(Law nº 2000-516 of 15 June 2000 art. 51 Official Journal of 16 June 2000 in force 1 January 2001)

The amount attributed to the second part of the security which has not been paid to the victim of the offence or to the creditor of an alimony debt is returned in the event of a discharge and, unless article 372 is implemented, in the event of a pardon or acquittal.

It is used in accordance with the provisions of point 2° of article 142 in the event of a conviction. The surplus is returned when the sentence has become final.

The second part of the guarantee is levied or the debt that this part guarantees is enforced in accordance with the provisions of the two previous paragraphs.

The conditions of implementation of the present article are fixed by a Decree of the Council of State.

Article 143

(Law nº 70-643 of 17 July 1970 art. 1 Official Journal of 19 July 1970 in force 1 January 1971)

(Law nº 2000-516 of 15 June 2000 art. 83 Official Journal of 16 June 2000 in force 1 January 2001)

Where a trial court is called upon to decide in the cases set out under the present sub-section, it does so under the conditions determined by article 148-2.

Article 143-1

(Law nº 2000-516 of 15 June 2000 art. 57 Official Journal of 16 June 2000 in force 1 January 2001)

(Law nº 2002-1138 of 9 September 2002 art. 37 Official Journal of 10 September 2002)

Subject to the provisions of article 137, pre-trial detention may only be ordered or extended in one of the cases listed below:

1 The person under judicial examination risks incurring a sentence for a felony;

2 The person under judicial examination risks incurring a sentence for a misdemeanour of at least three years' imprisonment.

However, the pre-trial detention may only be ordered or extended if the applicable sentence is equal to or in excess of five years' imprisonment, if the person under judicial examination is charged with a misdemeanour provided for by Book III of the Criminal Code, and if this person has not already been sentenced to an unsuspended prison term of more than a year. Pre-trial detention may also be ordered or extended for a person indicted for a misdemeanour provided for by book III of the Criminal Code and punished by at least three years' imprisonment if, in the previous six months this person has, in connection with a misdemeanour punished by a prison sentence of at least two years, and in proceedings a copy of which have been attached to the case file for the current investigation, been either sentenced to one of the measures provided for by articles 41-1 and 41-2, or subjected to a prosecution which has not yet ended in decision to drop the case, a discharge or acquittal.

The pre-trial detention may also be ordered under the conditions provided for in article 141-2 where the person under judicial examination voluntarily submits himself to the obligations of judicial supervision.

Article 144

(Law nº 81-82 of 2 February 1981 art. 40 and art. 51-ii Official Journal of 3 February 1981)

(Law nº 83-466 of 10 June 1983 art. 19-i and 19-ii Official Journal of 11 June 1983 in force 27 June 1983)

(Law nº 87-1062 of 30 December 1987 art. 4 Official Journal of 31 December 1987 in force 1 September 1989)

(Law nº 89-461 of 6 July 1989 art. 4 Official Journal of 8 July 1989 in force 1 December 1989)

(Law nº 93-2 of 4 January 1993 art. 63 Official Journal of 5 January 1993 in force 1 March 1993)

(Law nº 96-1235 of 30 December 1996 art. 3 Official Journal of 1 January 1997 in force 31 March 1997)

(Law nº 2000-516 of 15 June 2000 art. 57 Official Journal of 16 June 2000 in force 1 January 2001)

(Law nº 2002-1138 of 9 September 2002 art. 37 Official Journal of 10 September 2002)

1 to preserve material evidence or clues or to prevent either witnesses or victims being pressurised, or fraudulent conspiracy between persons under judicial examinations and their accomplices;

2 to protect the person under judicial examination, to guarantee that he remains at the disposal of the law, to put an end to the offence or to prevent its renewal;

3 to put an end to an exceptional and persistent disruption of public order caused by the seriousness of the offence, the circumstances in which it was committed, or the gravity of the harm that it has caused. However, this ground cannot justify the extension of the pre-trial detention, except in cases of felony, or misdemeanour where the sentence incurred is of ten years' imprisonment or more.

Article 144-1

(Law nº 87-1062 of 30 December 1987 art. 5 Official Journal of 31 December 1987 in force 1 September 1989)

(Law nº 96-1235 of 30 December 1996 art. 4 Official Journal of 1 January 1997 in force 31 March 1997)

(Law nº 2000-516 of 15 June 2000 art. 132 Official Journal of 16 June 2000 in force 1 January 2001)

Pre-trial detention may not exceed a reasonable length of time in respect of the seriousness of the charges brought against the person under judicial examination and of the complexity of the investigations necessary for the discovery of the truth.

The investigating judge, or where seised the liberty and custody judge, must order the immediate release of the person placed in pre-trial detention, pursuant to the terms provided for by article 147, as soon as the conditions provided under article 144 and under the present article are no longer fulfilled.

[Art. 144-2—Where it is ordered, pre-trial detention may be carried out, at the decision of the liberty and custody judge on his own motion or on the request of the person concerned, or at the decision of the investigating judge with the person concerned's agreement, in the manner provided for by articles 737-7 onwards. The liberty and custody judge takes the person concerned's family situation into account, particularly where he exercises parental authority over a child who lives permanently with him, and who is younger than ten years old. For the implementation of this measure, the liberty and custody judge exercises the powers granted to the post-sentencing judge.

Article 145

(Law nº 84-576 of 9 July 1984 art. 9 and art. 19 Official Journal of 10 August 1984 in force 1 January 1985)

(Law nº 87-1062 of 30 December 1987 art. 6 Official Journal of 31 December 1987 in force 1 September 1989)

(Law nº 89-461 of 6 July 1989 art. 5 Official Journal of 8 July 1989 in force 1 December 1989)

(Law nº 92-1336 of 16 December 1992 art. 17 Official Journal of 23 December 1992 in force 1 March 1994)

(Law nº 93-2 of 4 January 1993 art. 238 Official Journal of 5 January 1993 in force 1 March 1993)

(Law nº 93-2 of 4 January 1993 art. 64 Official Journal of 5 January 1993 in force 1 January 1994)

(Law nº 93-1013 of 24 August 1993 art. 19 Official Journal of 25 August 1993 in force 2 September 1993)

(Law nº 96-1235 of 30 December 1996 art. 5 Official Journal of 1 January 1997 in force 31 March 1997)

(Law nº 2000-516 of 15 June 2000 art. 52 and 96 Official Journal of 16 June 2000 in force 1 January 2001)

The liberty and custody judge, seised by a order from the investigating judge seeking the remand in custody of the person under judicial examination, brings him before him, accompanied by his advocate if one has already been appointed, and proceeds in accordance with the provisions of the present article.

On reviewing the facts in the case file and after noting the comments of the party concerned, where he feels this is useful, the judge informs the person whether he intends to remand him in custody.

If he does not envisage remanding the person in custody, after ordering, where appropriate, that the person be placed under judicial supervision, the judge proceeds in accordance with the last two paragraphs of article 116 relating to registering addresses.

If he intends to remand the person in custody, he informs him that his decision can only intervene at the end of an adversarial debate, and that the person has the right to demand a waiting period in order to prepare his defence. If an adult person under judicial supervision or his advocate so requests at the start of the hearing, the debate takes place in open court, unless publicity would hinder the specific inquiries needed by the investigation, or would threaten personal dignity or a third party's interests. The liberty and custody judge rules on this request for publicity in a reasoned decision, after noting the comments of the public prosecutor, the person under judicial examination or his advocate.

If this person does not yet have the assistance of an advocate, he advises him that he has the right to be aided by an advocate of his choice or one that is court- appointed. The chosen advocate or, where court-appointed, the president of the bar, is immediately notified by any possible means; this formality is noted in the official record.

The liberty and custody judge rules in a hearing in chambers, after an adversarial debate, during which he hears the public prosecutor who elaborates his submissions made in accordance with the third paragraph of article 82, then the remarks of the person under judicial examination and, if appropriate, his advocate.

However, the liberty and custody judge may not immediately order the pre-trial detention where the person under judicial examination or his advocate requests an extension in order to prepare his defence.

In this case, he can prescribe, by means of a reasoned decision with reference to the provisions of the previous paragraph and which is not open to appeal, the imprisonment of the person for a fixed period which cannot in any case exceed four working days. During this period, he makes the person appear before him again and, whether the latter is assisted by an advocate or not, proceeds as stated in the sixth paragraph. If he does not order the person to be remanded in custody, the latter is automatically released.

Temporary imprisonment is, where necessary, added to the length of the pre-trial detention for the application of articles 145-1 and 145-2. It is assimilated with a pre-trial detention in the sense of article 149 of the present Code and article 24 of the Criminal Code (article repealed, see article 716-4 of the Code of Criminal Procedure).

Article 145-1

(Law nº 84-576 of 9 July 1984 art. 10 and 19 Official Journal of 10 July 1984 in force 1 January 1985)

(Law nº 87-1062 of 30 December 1987 art. 7 Official Journal of 31 December 1987 in force 1 September 1989)

(Law nº 89-461 of 6 July 1989 art. 6 Official Journal of 8 July 1989 in force 1 December 1989)

(Law nº 93-2 of 4 January 1993 art. 239 Official Journal of 5 January 1993 in force 1 March 1993)

(Law nº 93-2 of 4 January 1993 art. 65 Official Journal of 5 January 1993 in force 1 January 1994)

(Law nº 93-1013 of 24 August 1993 art. 19 Official Journal of 25 August 1993 in force 2 September 1993)

(Law nº 96-1235 of 30 December 1996 art. 6 Official Journal of 1 January 1997 in force 31 March 1997)

(Law nº 96-1235 of 30 December 1996 art. 6 Official Journal of 1 January 1997 in force 1 July 1997)

(Law nº 2000-516 of 15 June 2000 art. 58 Official Journal of 16 June 2000 in force 1 January 2001)

(Law nº 2002-1138 of 9 September 2002 art. 37 Official Journal of 10 September 2002)

Detention may not be in excess of four months in misdemeanour matters if the person under judicial examination has not previously been sentenced, in respect of a felony or an ordinary misdemeanour, to an unsuspended prison sentence of at least a year, and when he is at risk of a sentence of five years or less.

In any other case, the liberty and custody judge may exceptionally decide to extend the pre-trial detention for period not in excess of four months, in a reasoned decision in accordance with the provisions of article 137-3 and delivered after a debate organised in accordance with the provisions of the sixth paragraph of article 145, where the advocate has been duly summoned according to the provisions of the second paragraph of article 114. This decision may be renewed following the same procedure, subject to the provisions of article 145-3. The total duration of the detention cannot exceed a year. However, this time limit is extended to two years where one of the component parts of the offence was committed outside the national territory, or where the person is being prosecuted for drug trafficking, terrorism, criminal conspiracy, living off immoral earnings, extortion of money or for a felony committed by an organised gang and which carries a sentence of ten years' imprisonment.

Article 145-2

(Law nº 89-461 of 6 July 1989 art. 6 Official Journal of 8 July 1989 in force 1 December 1989)

(Law nº 93-2 of 4 January 1993 art. 240 Official Journal of 5 January 1993 in force 1 March 1993)

(Law nº 93-2 of 4 January 1993 art. 66 Official Journal of 5 January 1993 in force 1 January 1994)

(Law nº 93-1013 of 24 August 1993 art. 19 Official Journal of 25 August 1993 in force 2 September 1993)

(Law nº 96-1235 of 30 December 1996 art. 7 Official Journal of 1 January 1997 in force 31 March 1997)

(Law nº 2000-516 of 15 June 2000 art. 59 and 132 Official Journal of 16 June 2000 in force 1 January 2001)

(Law nº 2002-1138 of 9 September 2002 art. 37 Official Journal of 10 September 2002)

For a suspected felony, the person under judicial examination may not be kept under detention for more than a year. However, subject to the provisions of article 145-3, the liberty and custody judge may, upon the expiry of this time limit, extend the detention for a length of time which may not exceed six months, in a reasoned decision in accordance with the provisions of article 137-3 and delivered after an adversarial debate organised in accordance with the provisions of the sixth paragraph of article 145, the advocate having been duly summoned in accordance with the provisions of the second paragraph of article 114. This decision may be renewed by following the same procedure.

The person under judicial examination may not be kept in custody for more than two years, where the applicable sentence is less than twenty years' imprisonment, and for more than three years in all other cases. The time limits are extended to three and four years respectively where one of the elements of the offence has been committed outside the national territory. The time limit is also four years where the person is being prosecuted for several felonies mentioned in Books II and IV of the Criminal Code, or for drug trafficking, terrorism, living off immoral earnings, extortion of money or for a felony committed by an organised gang.

The provisions of the present article are applicable until the order closing the examination.

Article 145-3

(Law nº 93-2 of 4 January 1993 art. 67 Official Journal of 5 January 1993 in force 1 March 1993)

(Law nº 96-1235 of 30 December 1996 art. 8 Official Journal of 1 January 1997 in force 31 March 1997)

(Law nº 2000-516 of 15 June 2000 art. 53 Official Journal of 16 June 2000 in force 1 January 2001)

Where the length of the pre-trial detention is in excess of one year for a crime, or eight months for a misdemeanour, the decisions ordering its extension or dismissing the applications for release must also include the specific indications which justify in the given case the continuance of the investigation and the foreseeable delay for the ending of the procedure.

It is, however, not necessary for the extension order to indicate the nature of the investigations which the investigating judge is intending to carry out, where this indication risks hindering the carrying out of these investigations.

Article 145-4

(Law nº 96-1235 of 30 December 1996 art. 8 Official Journal of 1 January 1997 in force 31 March 1997)

(Law nº 2000-516 of 15 June 2000 art. 83 Official Journal of 16 June 2000 in force 1 January 2001)

Where the person under judicial examination is placed in pre-trial detention, the investigating judge may impose on him a ban from communicating for a period of ten days. This measure may be renewed but only for a further ten-day period. Under no circumstance does the ban from communicating extend to the person under judicial examination's advocate.

Subject to the previous provisions, any person placed in pre-trial detention may be visited at his place of detention with the authorisation of the investigating judge.

At the end of a month from the date of his placement in pre-trial detention, the investigating judge may not refuse to grant a visiting permit to a family member of the person detained, except by a written and specially reasoned decision in respect of the requirements of the investigation.

This decision is notified forthwith to the applicant by any available means. The applicant may refer it to the presiding judge of the investigating chamber who decides within five days by making a written and reasoned decision which is unappealable. Where he quashes the decision of the investigating judge, the presiding judge of the investigating chamber grants the visiting permit.

Article 145-5

(Law nº 2000-516 of 15 June 2000 art. 60 Official Journal of 16 June 2000 in force 1 January 2001)

The placement of a person in pre-trial detention, who makes it known, during his interrogation by the investigating judge prior to the liberty and custody judge's submission of the case before the court, that he has exclusive parental authority over a minor of sixteen years or older, who lives with him, may not be ordered unless one of the services or people described in the seventh paragraph of article 81 has first been put in charge of researching and proposing all measures necessary to prevent the endangering of the minor's health, safety or morals or the serious compromising of his education.

The provisions of the present article do not apply in cases of felony, misdemeanours committed against a minor, or in cases where the obligations of judicial supervision are not respected.

Article 146

(Law nº 84-576 of 9 July 1984 art. 11 and art. 19 Official Journal of 10 July 1984 in force 1 January 1985)

(Law nº 93-2 of 4 January 1993 art. 179 Official Journal of 5 January 1993 in force 1 March 1993)

(Law nº 2000-516 of 15 June 2000 art. 54 Official Journal of 16 June 2000 in force 1 January 2001)

If it appears in the course of the investigation that the offence under investigation can no longer be qualified as a felony, the investigating judge, after sending the case file to the district prosecutor for his submissions, may either by a reasoned order seise the liberty and custody judge with a view to maintaing the person's remand in custody, or pronounce his release with or without judicial supervision.

The liberty and custody judge rules within three days from the date of the investigating judge's referral of the case.

Article 147

(Law nº 70-643 of 17 July 1970 art. 1 Official Journal of 19 July 1970 in force 1 January 1971)

(Law nº 93-2 of 4 January 1993 art. 182 Official Journal of 5 January 1993 in force 1 March 1993)

(Law nº 2000-516 of 15 June 2000 art. 55 Official Journal of 16 June 2000 in force 1 January 2001)

In every case, a release with or without judicial supervision may be ordered on his own motion by the investigating judge after hearing the opinion of the district prosecutor, on the condition that the person under judicial examination undertakes to appear for every procedural step as soon as he is required to do so and keeps the investigating judge informed of all his movements.

The district prosecutor may also request release at any time. Unless he orders the person's release, the investigating judge must, within five days of the district prosecutor's requisitions, send the case file, accompanied by this own reason opinion, to the liberty and custody judge, who rules with three working days.

Article 148

(Law nº 85-1407 of 30 December 1985 art. 19-i, 19-ii, 94 Official Journal of 31 July 1985 in force 1 February 1986)

(Law nº 86-1019 of 9 September 1986 art. 16 Official Journal of 10 September 1986)

(Law nº 89-461 of 6 July 1989 art. 6 Official Journal of 8 July 1989 in force 1 December 1989)

(Law nº 93-2 of 4 January 1993 art. 183 and 224 Official Journal of 5 January 1993 in force 1 March 1993)

(Law nº 93-1013 of 24 August 1993 art. 35 Official Journal of 25 August 1993 in force 2 September 1993)

(Law nº 2000-516 of 15 June 2000 art. 56 and 83 Official Journal of 16 June 2000 in force 1 January 2001)

In all matters, the person remanded in custody or his advocate may, at any time, request his release, under the obligations provided for in the previous article.

The request for release is sent to the investigating judge, who immediately sends the case file to the district prosecutor to obtain his submissions.

Unless the prosecutor agrees to the request, the investigating judge must within five days of its sending to the district prosecutor, send it with his reasoned opinion to the liberty and custody judge. This judge rules within three working days, by a decree which contains the terms of the legal and factual considerations which form the basis of this decision, with reference to the provisions of article 144. However, where a previous release request or appeal against a previous order denying a release have still not been ruled upon, the aforementioned time limits do not come into effect until the judgment has been given by the competent court.

Where granted, the release may be accompanied by measures of judicial supervision.

Where the liberty and custody judge has not ruled within the time limit specified in the third paragraph, the person may immediately refer his request to the investigating chamber which, on the written, reasoned requistions of the public prosecutor, rules within twenty days of being seised of the case. Failing this, the person is automatically freed, unless checks to do with his request have been ordered. The right to transfer the case to the investigating chamber under the same conditions also attaches to the district prosecutor.

Article 148-1

(Law nº 70-643 of 17 July 1970 art. 1 Official Journal of 11 July 1970 in force 1 January 1971)

(Law nº 93-2 of 4 January 1993 art. 184 Official Journal of 5 January 1993 in force 1 March 1993)

(Law nº 2000-516 of 15 June 2000 art. 83 and 136 Official Journal of 16 June 2000 in force 1 January 2001)

A release may also be requested in every case by any person under judicial examination, defendant or accused person and at any stage of the proceedings.

Where a trial court is seised of the case, it must rule on the pre-trial detention. However, in felony cases, the court of assizes is only competent where the application is made duing the session within which it must judge the accused. In all other cases, the request is examined by the investigating chamber.

Where an application is made for cassation, then until the Court of Cassation rules, the decision upon the release application is made by the court which last heard the case on the merits. If the application is made against a judgment of the assize court, the investigating chamber decides on the detention.

In the event of a finding of lack of jurisdiction and generally in every case where no court is seised of the case, the investigating chamber decides on applications for release.

Article 148-2

(Law nº 83-466 of 10 June 1983 art. 22 Official Journal of 11 June 1983 in force 27 June 1983)

(Law nº 86-1019 of 9 September 1986 art. 17 Official Journal of 10 September 1986)

(Law nº 93-2 of 4 January 1993 art. 224 Official Journal of 5 January 1993 in force 1 March 1993)

(Law nº 2002-1138 of 9 September 2002 art. 38 Official Journal of 10 September 2002)

Every court called upon to rule on an application for the total or partial lifting of judicial supervision or of an application for release makes its decision after hearing the public prosecutor, the defendant or his advocate, pursuant to articles 141-1 and 148-1. The defendant who is at liberty and his advocate are summoned by recorded delivery letter at least forty-eight hours before the date of the hearing.

The court seised of the case makes its decision within ten or twenty days from receiving the application, depending on whether it is a first-tier or second-tier court. However, where on the day of receiving the application a decision has not yet been made on a previous application for release or on an appeal against a previous decision refusing a release, the ten-day or twenty-day time limit only starts from the date of the decision made by the competent court. Where no decision has been made before the expiry of this time limit, an end is put to the judicial supervision or pre-trial detention, and the defendant is automatically set free if he is not detained for another reason.

The court's decision is immediately enforceable notwithstanding the filing of an appeal. Where the defendant is kept detained, the court decides within twenty days of the appeal, failing which the defendant is automatically set free if he is not detained for another reason.

Article 148-3

(Law nº 70-643 of 17 July 1970 art. 1 Official Journal of 19 July 1970 in force 1 January 1971)

(Law nº 85-1407 of 30 December 1985 art. 20 Official Journal of 31 December 1985)

(Law nº 93-2 of 4 January 1993 art. 185 Official Journal of 5 January 1993 in force 1 March 1993)

Before being released, the person under judicial examination must formally declare his address to the investigating judge or to the prison governor as provided for by the third paragraph of article 116.

The person under judicial examination is notified that until the termination of the judicial investigation he must notify the investigating judge of any change in the address stated, by means of a new declaration or by recorded delivery letter with a request for acknowledgement of receipt. He is also cautioned that any notification or service made to the last declared address is deemed to have been made in person.

A record of this notice, as well as the notification of address is made either in the official record, or in the document of which the original or a copy is immediately sent by the prison governor to the investigating judge.

Article 148-4

(Law nº 75-701 of 6 August 1975 art. 2 Official Journal of 7 August 1975 in force 1 January 1976)

(Law nº 89-461 of 6 July 1989 art. 7 Official Journal of 8 July 1989 in force 1 December 1989)

(Law nº 93-2 of 4 January 1993 art. 186 and 224 Official Journal of 5 January 1993 in force 1 March 1993)

(Law nº 2000-516 of 15 June 2000 art. 83 Official Journal of 16 June 2000 in force 1 January 2001)

At the expiry of a four-month time limit since his last appearance before the investigating judge or the judge which he has delegated, and as long as the closing order has not been made, the person detained or his advocate may directly refer an application for release to the investigating chamber which decides under the conditions provided for in article 148 (last paragraph).

Article 148-5

(Law nº 78-1097 of 22 n°vember 1978 art. 6 Official Journal of 23 n°vember 1978)

(Law nº 93-2 of 4 January 1993 art. 179 Official Journal of 5 January 1993 in force 1 March 1993)

In any case and at any stage of the proceedings, the investigating or trial court may exceptionally grant an authorisation for an escorted leave to the person under judicial examination, the defendant or the accused.

Article 148-6

(Law nº 85-1407 of 30 December 1985 art. 21 and art. 94 Official Journal of 31 December 1985 in force 1 February 1986)

(Law nº 93-2 of 4 January 1993 art. 68 Official Journal of 5 January 1993 in force 1 March 1993)

Any application for the discharge or alteration of the judicial supervision or for a release must be declared to the clerk of the investigating court seised of the case or to the clerk of the court with jurisdiction in accordance with article 148-1.

It must be recorded and dated by the clerk who signs it with the applicant or his advocate. If the applicant is unable to sign it, this is indicated by the clerk.

Where the person or his advocate do not reside in the area of jurisdiction of the competent court, the declaration made to the clerk may be made by recorded delivery letter with a request for acknowledgement of receipt.

Article 148-7

(Law nº 85-1407 of 30 December 1985 art. 21 and art. 94 Official Journal of 31 December 1985 in force 1 February 1986)

(Law nº 93-2 of 4 January 1993 art. 179 Official Journal of 5 January 1993 in force 1 March 1993)

Where the person under judicial examination, the defendant or the accused is detained, the application for release may be made by a declaration to the prison governor.

This declaration is recorded and dated by the prison governor who signs it with the applicant. If the applicant is unable to sign, the prison governor makes a note of this.

The original document or a copy is immediately sent by any avalable means to either to the clerk of the court seised of the case, or to the court with jurisdiction as provided by article 148-1.

Article 148-8

(Law nº 85-1407 of 30 December 1985 art. 21 and art. 94 Official Journal of 31 December 1985 in force 1 February 1986)

(Law nº 93-2 of 4 January 1993 art. 179 Official Journal of 5 January 1993 in force 1 March 1993)

(Law nº 2000-516 of 15 June 2000 art. 83 Official Journal of 16 June 2000 in force 1 January 2001)

Where the person under judicial examination wishes to refer the case to the investigating chamber pursuant to the provisions of articles 140, third paragraph, 148, sixth paragraph, or 148-4, his application is made in accordance with the formalities set out by articles 148-6 and 148-7 to the clerk of the competent investigating chamber or to the prison governor, who sees to its transmission.

Where the presiding judge of the investigating chamber ascertains that the court has under article 140, article 148 sixth paragraph, or article 148-4, been directly seised of an application for discharge of judicial supervision or release which is obviously inadmissible, he may rule by means of a reasoned unappealable order that no decision need be made on this application. In such a case, the application and the order are attached to the case file.

Article 149

(Law nº 70-643 of 17 July 1970 art. 1 Official Journal of 19 July 1970 in force 1 January 1971)

(Law nº 96-1235 of 30 December 1996 art. 9 Official Journal of 1 January 1997 in force 31 March 1997)

(Law nº 2000-1354 of 30 December 2000 art. 1, 2, 3 and 7 Official Journal of 31 December 2000)

Without prejudice to the application of the provisions of the second and third paragraphs of article L.781-1 of the code of judicial organisation, a person who has been remanded in custody during the course of proceedings ended by a decision to drop the case or a discharge or acquittal decision that has become final has, at his request, the right to full compensation for any material or moral harm that this detention has caused him. However, no compensation is due where this decision is based solely on the recognition of his irresponsibility under article 122-1 of the Criminal Code, an amnesty passed after the person has been remanded in custody, or where the person was remanded in custody for freely and voluntarily accusing himself or letting himself be wrongly accused in order to let the perpetrator of the acts escape prosecution. At the request of the person concerned, the harm is evaluated by means of adversarial expert reports commissioned under the conditions of articles 156 and onwards.

Where the decision to drop the case, or the discharge or acquittal decision, is made known to him, the person is advised of his right to demand compensation, and also of the provisions of articles 149-1 to 149-3 (first paragraph).

Article 149-1

(Law nº 70-643 of 17 July 1970 art. 1 Official Journal of 19 July 1970 in force 1 January 1971)

(Law nº 2000-516 of 15 June 2000 art. 71 Official Journal of 16 June 2000 in force 16 December 2000)

(Law nº 2000-1354 of 30 December 2000 art. 4 and 7 Official Journal of 31 December 2000)

The compensation set out under the previous article is granted by a decision made by the senior presiding judge of the court of appeal in the jurisdiction within which the decision to drop the case, the discharge, or acquittal has been pronounced.

Article 149-2

(Law nº 70-643 of 17 July 1970 art. 1 Official Journal of 19 July 1970 in force 1 January 1971)

(Law nº 2000-516 of 15 June 2000 art. 71 Official Journal of 16 June 2000 in force 16 December 2000)

(Law nº 2000-1354 of 30 December 2000 art. 7 Official Journal of 31 December 2000)

The first president of the court of appeal, seised by an application made within the six months of when the decision to drop the case, the discharge or acquittal became final, rules in a reasoned decision.

The debates take place in open court, unless the applicant opposes this. At his request, the applicant is heard in person, or through his counsel.

Article 149-3

(Law nº 2000-516 of 15 June 2000 art. 71 Official Journal of 16 June 2000 in force 16 December 2000)

(Law nº 2000-1354 of 30 December 2000 art. 7 Official Journal of 31 December 2000)

The decisions taken by the senior presiding judge of the court of appeal may be appealed to the National Commission for the Compensation of Detention within ten days of being communicated. This Commission, situated in the Court of Cassation, has full power to decide the case, and its decisions are not subject to any form of appeal.

The office of the Court of Cassation may decide that the National Commission will be made up of several divisions.

The National Commission, or if necessary, each of the divisions which make it up, is composed of the senior presiding judge of the Court of Cassation, or his representative, who presides, and two court judges holding the rank of president of a chamber, conseiller or conseiller référendaire, appointed annually by the office of the court. In addition to these two judges, this office also appoints three supplementary judges under the same conditions.

The public prosecutor's duties are carried out by the prosecutor general's office at the Court of Cassation.

The provisions of article 149-2 are applicable to the decisions pronounced by the National Commission.

Article 149-4

(Law nº 2000-516 of 15 June 2000 art. 71 Official Journal of 16 June 2000 in force 16 December 2000)

(Law nº 2000-1354 of 30 December 2000 art. 7 Official Journal of 31 December 2000)

The procedure before the senior presiding judge of the court of appeal and the National Commission, who rule as civil courts, is determined by a Decree of the Council of State.

Article 150

(Law nº 70-643 of 17 July 1970 art. 1 Official Journal of 19 July 1970 in force 1 January 1971)

(Law nº 2000-1354 of 30 December 2000 art. 5 and 7 Official Journal of 31 December 2000)

The compensation granted pursuant to the present sub-section is paid by the State, subject to the State action against any malicious denunciator or the false witness whose fault caused the detention or its extension. It is paid as criminal justice costs.

Article 151

(Ordinance n° 60-121 of 13 February 1960 Article 1 Official Journal of 14 February 1960)

(Law no. 85-1407 of 30 December 1985 Articles 22-i, 22-ii & 94 Official Journal of 31 December 1985, in force on 1 February 1986)

(Law n° 93-2 of 4 January 1993 Article 17 Official Journal of 5 January 1993, in force on 1 March 1993)

The investigating judge may require by rogatory letter any judge of his court, any investigating judge or any judicial police officer, who in the latter case informs the district prosecutor, to undertake the investigative steps which he considers necessary in the places where each one of them has territorial jurisdiction.

The rogatory letter states the nature of the offence prosecuted. Is is dated and signed by the judge who issues it and it bears his official seal.

It may only prescribe investigative steps which are directly connected with the repression of the offence prosecuted.

The investigating judge fixes the time limit within which the rogatory letter must be returned to him with the official reports drafted for its execution by the judicial police officer. Failing such determination, the rogatory letter and the official reports must be transmitted to him within a week of the end of the operations executed pursuant to the letter.

Article 152

(Law nº 87-1062 of 30 December 1987 art. 17 Official Journal of 31 December 1987 in force 1 September 1989)

(Law nº 93-2 of 4 January 1993 art. 188 Official Journal of 5 January 1993 in force 1 March 1993)

(Law nº 93-1013 of 24 August 1993 art. 14 Official Journal of 25 August 1993 in force 2 September 1993)

(Law nº 2000-516 of 15 June 2000 art. 131 Official Journal of 16 June 2000 in force 1 January 2001)

(Law nº 2000-1354 of 30 December 2000 art. 14 Official Journal of 31 December 2000)

The judge or the judicial police officers appointed to carry out the rogatory letter exercise all the powers of the investigating judge within the limits set by the letter.

However, judicial police officers may not interrogate and confront the persons placed under judicial examination. They may only hear civil parties or assisted witnesses at their request.

Article 153

(Ordinance n° 58-1296 of 23 December 1958 art. 1 Official Journal of 24 December 1958 in force 1 March 1959)

(Law n° 95-73 of 27 January 1995 Article 27 Official Journal of 24 January 1995)

(Law nº 2000-516 of 15 June 2000 art. 4 & 31 Official Journal of 16 June 2000 in force 1 January 2001)

(Law n° 2001-1062 of 15 n°vember 2001 Article 57 Official Journal of 16 n°vember 2001)

(Law n° 2002-307 of 4 March 2002 Articles 2 & 4 Official Journal of 5 March 2002)

Any witness summoned to be heard in the course of the execution of a rogatory letter is obliged to appear, to swear an oath and to make a statement. Where there is no plausible reason to suspect that he has committed or attempted to commit an offence, he may be only be detained for the length of time necessary for his hearing.

If he does not comply with this obligation, the mandating judge is informed, who may then use the forces of order to compel him to appear. A witness who does not appear incurs the fine provided for in article 434-15-1 of the Criminal Code.

Article 154

(Ordinance n° 60-121 of 13 February 1960 Article 1 Official Journal of 14 February 1960)

(Law n° 63-22 of 15 January 1963 Article 1 Official Journal of 16 January 1963 in force on 24 February 1963)

(Law n° 93-2 of 4 January 1993 Article 18 Official Journal of 5 January 1993 in force on 1 March 1993)

(Law n° 93-1013 of 24 August 1993 Article 5 Official Journal of 25 August 1993 in force on 2 September 1993)

(Law nº 94-89 of 1 February 1994 art. 19 Official Journal of 2 February 1994 in force 2 February 1994)

(Law n° 2000-516 of 15 June 2000 Articles 5 & 134 Official Journal of 16 June 2000 in force on 1 January 2001)

Where it is necessary for the judicial police officer to keep a person, against whom there are one or more plausible reasons to suspect that he has committed or attempted to commit an offence, at his disposal in order to carry out the rogatory letter, the judicial police officer informs at the start of this measure the investigating judge who is seised of the case. The investigating judge supervises the custody measure. The judicial police officer may not hold the person for more than twenty-four hours

The person must be presented to this judge before the expiry of the twenty-four hour time limit or, if the rogatory letter is carried out in another area of jurisdiction, to the investigating judge of the place where this measure will be carried out. At the end of this presentation, the investigating judge may grant written authorisation to extend the measure for a further period which may not be in excess of twenty-four hours. In exceptional circumstances, he may grant this authorisation by a written and reasoned decision without a prior presentation of the person.

The area jurisdictions of the Paris, Nanterre, Bobigny and Créteil district courts are deemed to be a single jurisdiction for the implementation of the present article.

The provisions of articles 63-1, 63-2, 63-3, 63-4, 64 and 65 are applicable to the custody measures carried out within the context of the present section. The powers conferred on the district prosecutor by articles 63-2 and 63-3 are then exercised by the investigating judge. The information provided under the requirements of the third paragraph of article 63-4 must make it clear that the custody measure is taken within the context of a rogatory letter.

Article 155

(Law n° 85-1407 of 30 December 1985 art. 23 and 94 ; Official Journal 31 December 1985 in force 1 February 1986)

(Law n° 93-1013 of 24 August 1993 Article 46 Official Journal of 25 August 1993 in force on 2 September 1993)

Where the rogatory letter prescribes simultaneous operations in various places of the national territory, it may be sent, upon the order of the mandating investigating judge, to the investigating judges or judicial police officers in charge of its execution in the form of a duplication or full copy of the original document.

In urgent cases it may be sent by any means available. Each copy must, however, state the essential indications of the original letter, and in particular the nature of the placement under judicial examination, and the name and position of the principal judge.

Article 156

(Ordinance n° 58-1296 of 23 December 1958 art. 1 Official Journal of 24 December 1958 in force 1 March 1959)

(Law n° 93-2 of 4 January 1993 art 38 ; Official Journal 5 January 1993, in force 1 March 1993)

(Law n° 93-1013 of 24 August5 1993 art 8 ; Official Journal 25 August 1993, in force 2 September 1993)

(Law n° 2000-516 of 15 June 2000 art 27 ; Official Journal 16 June 2000, in force 1 January 2001)

Any investigating or trial court may order an expert opinion where a technical question arises, either upon the application of the public prosecutor, or of its own motion, or upon the application of the parties. The public prosecutor or the party who requests this expert opinion may specify the questions that he wants put to the expert in his application.

Where the investigating judge considers he need not grant an application for an expert opinion, he must make a reasoned order within no longer than one month of receiving the application. The provisions of the ninth and tenth paragraphs of article 81 are applicable.

The experts carry out their task under the supervision of the investigating judge or other judge designated by the court ordering the expert opinion.

Article 157

(Ordinance n° 58-1296 of 23 December 1958 art. 1 Official Journal of 24 December 1958 in force 1 March 1959)

(Law n° 93-2 of 4 January 1993 art 38 ; Official Journal 5 January 1993, in force 1 March 1993)

Experts are chosen from the natural persons or legal entities registered either on a national list drafted by the office of the Court of Cassation, or on one of the lists drafted by the appeal courts after hearing the opinion of the public prosecutor.

The rules governing registration and withdrawal from these lists are fixed by a Decree of the Council of State.

In exceptional cases, the courts may make a reasoned decision choosing experts not registered on any one of these lists.

Article 157-1

(Inserted by Law n° 75-701 of 6 August 1975 art 24 ; Official Journal 7 August 1975

If the expert appointed is a legal entity, his legal representative submits for the court's approval the name of the natural person or persons who will carry out the expert opinion for the legal entity and on its behalf.

Article 158

The experts' task is precisely set out in the decision ordering the expert opinion and may only address the examination of technical questions.

Article 159

(Ordinance n° 58-1296 of 23 December 1958 art. 1 Official Journal of 24 December 1958 in force 1 March 1959)

(Law n° 85-1407 of 30 December 1985 art. 24 and 94 ; Official Journal 31 December 1985 in force 1 February 1986)

(Law n° 93-2 of 4 January 1993 art 39 ; Official Journal 5 January 1993, in force 1 March 1993)

(Law n° 93-1013 of 24 August5 1993 art 35 ; Official Journal 25 August 1993, in force 2 September 1993)

The investigating judge appoints the expert responsible for giving the expert opinion.

Article 160

(Ordinance n° 58-1296 of 23 December 1958 art. 1 Official Journal of 24 December 1958 in force 1 March 1959)

(Law n° 72-1226 of 29 December 1972 Article 11 Official Journal of 30 December 1972

For their registration on one of the lists provided for by article 157, the experts take an oath before the appeal court in whose area of jurisdiction they are domiciled, to bring their assistance to justice in honour and good conscience. These experts are not required to renew their oath each time they are appointed.

Each time they are nominated, the experts who do not feature on either of these lists take the oath set out under the previous paragraph before the investigating judge or the judge appointed by the court. The official record of the taking of the oath is signed by the competent judge, by the expert and by the clerk. In the event of an impediment, the grounds of which must be stated, the oath may be sworn in writing and the letter of oath is attached to the case file.

Article 161

Any decision appointing experts must set them a time limit within which to complete their task.

If special reasons call for it, this time limit may be extended at the experts' request and through a reasoned decision made by the judge or the court which appointed them. Experts who do not file their report within the time limit they were set may be replaced immediately and must report the investigations they have already made. They must also return within forty-eight hours any articles, evidence and documents which may have been entrusted to them in order to carry out their task. They may also incur disciplinary measures which may include being struck off one or other of the lists provided for by article 157.

The experts must liaise in the course of their task with the investigating judge or the delegated judge; they must keep him informed of the progress of their operations and put him in a position to take any appropriate step at any time.

In the course of his operations the investigating judge, if he deems it useful, may always get the experts to assist him.

Article 162

If the experts ask for a question which does not fall within their field of expertise to be explained to them, the judge may authorise them to be joined by persons, appointed by name, whose skills particularly qualify them to do this.

The persons thus appointed take an oath in the conditions laid down by the second paragraph of article 160.

Their report will be attached in its entirety to the report specified in article 166.

Article 163

(Law n° 85-1407 of 30 December 1985 art. 25 and 94 ; Official Journal 31 December 1985 in force 1 February 1986)

Before sending the articles under official seals to the experts, the investigating judge or judge appointed by the court makes if necessary an inventory of them in the conditions provided for by article 97. He lists the articles under official seals in an official record. The experts must state in their report any opening or re-opening of the official seals; in this case they draft an inventory.

Article 164

(Ordinance n° 58-1296 of 23 December 1958 art. 2 Official Journal of 24 December 1958 in force 1 March 1959)

(Law n° 93-2 of 4 January 1993 art 189 & 224 ; Official Journal 5 January 1993, in force 1 March 1993)

(Law n° 93-1013 of 24 August5 1993 art 14 ; Official Journal 25 August 1993, in force 2 September 1993)

(Law n° 2000-516 of 15 June 2000 art 27 ; Official Journal 16 June 2000, in force 1 January 2001)

For their information and where strictly necessary for their task, the experts may receive the declarations of persons other than the person under judicial examination.

If they consider there is a need to interrogate the person under judicial examination, then except in the case of a reasoned delegation exceptionally granted by the judge, this interrogation is made in their presence by the investigating judge or by the judge appointed by the court, in accordance in every case with the formalities and conditions provided for by articles 114, first and second paragraph, and 119.

The person under judicial examination may, however, waive the benefit of this provision by making an express statement before the investigating judge or the judge appointed by the court and in the presence of his advocate, and give the experts the explanations necessary to carry out their task. The person under judicial examination may also waive the assistance of his advocate for one or more hearings in a written statement given to the experts, which is attached to their report.

Nevertheless, doctors and psychologists charged with examining the person under judicial examination may ask him the questions necessary for carrying out their task outside the presence of the judge and advocates.

The provisions of the present article are also applicable to the assisted witness and the civil party.

Article 165

During the course of expert operations the parties may apply to the court that has commissioned them, in order that the experts be directed to make particular inquiries or to hear any person appointed by name who might be able to give them information of a technical nature.

Article 166

(Law n° 85-1407 of 30 December 1985 art. 26 and 94 ; Official Journal 31 December 1985 in force 1 February 1986)

The experts draft a report when their operations are ended, which must include a description of their operations as well as their conclusions. The experts must certify that they have personally performed the operations they were entrusted with, and they sign their report.

Where several experts have been appointed and differ in their opinions, or if they have reservations to make concerning common conclusions, each one of them states his opinion or reservations and gives his reasons.

The report and the articles under official seals or their residues are returned into the keeping of the clerk of the court which ordered the expert opinion; this deposit is proved by an official record.

Article 167

(Ordinance n° 58-1296 of 23 December 1958 art. 1 Official Journal of 24 December 1958 in force 1 March 1959)

(Law n° 85-1407 of 30 December 1985 art. 27 and 94 ; Official Journal 31 December 1985 in force 1 February 1986)

(Law n° 93-2 of 4 January 1993 art 40 ; Official Journal 5 January 1993, in force 1 March 1993)

(Law n° 93-1013 of 24 August5 1993 art 8 ; Official Journal 25 August 1993, in force 2 September 1993)

(Law n° 2000-516 of 15 June 2000 art 27 ; Official Journal 16 June 2000, in force 1 January 2001)

The investigating judge informs the parties and their advocates of the experts' conclusions, after summoning them in accordance with the provisions of the second paragraph of article 114. He also informs them, where necessary, of the conclusions in the reports of the persons called upon in accordance with articles 60 and 77-1, where the provisions of the fourth paragraph of article 60 have not been applied. A copy of the report in its entirety is then delivered, at their request, to the parties' advocates.

The conclusions may also be delivered by recorded delivery letter or, where the person is detained, by the prison governor, who immediately sends the original or the copy of the receipt signed by the person concerned to the investigating judge.

In every case, the investigating judge sets a time limit for the parties to present their comments or to file an application, in particular with the aim of requesting a further report or a second opinion. This application must be filed in accordance with the provisions of the tenth paragraph of article 81. During this period of time, the case file is made available to the parties' advocates.

Where he dismisses an application, the investigating judge drafts a reasoned decision which must be made within one month from receiving the application. The same applies where he appoints a single expert when the party requested the appointment of more than one expert. The provisions of the last paragraph of article 81 are applicable.

Article 167-1

(Inserted by Law no. 95-125 of 8 February 1995 Article 56 Official Journal of 9 February 1995)

Where the conclusions of the expert opinion are liable to lead the investigating judge to declare a discharge pursuant to the provisions of the first paragraph of article 122-1 of the Criminal Code, their notification to the civil party must be made under the conditions provided for by the first paragraph of article 167. The civil party is granted a time limit of fifteen days to present observations or to file an application requesting further report or second opinion. A request for a second opinion made by the civil party is granted as of right. It must be given by at least two experts.

Article 168

(Law n° 57-1426 of 31 December 1957 Official Journal of 8 January 1958 in force on 8 April 1958)

(Law n° 72-1226 of 29 December 1972 Article 12 Official Journal of 30 December 1972)

Where necessary, the experts report at the hearing the results of the technical operations they have performed, after taking an oath to bring their assistance to justice upon their honour and upon their conscience. They may consult their report and its annexes in the course of their examination.

The presiding judge, either on his own motion or upon the application of the public prosecutor, the parties or their advocates, may ask the experts any questions falling within the scope of the task they were given.

The experts attend the hearing after their report unless the presiding judge allows them to withdraw.

Article 169

If in the course of a trial court hearing a person heard in the capacity of a witness or as a source of information contradicts the conclusions of an expert's report or brings new information from a technical point of view, the presiding judge asks the experts, the public prosecutor, the defence and, as the case may be, the civil party, to present their observations. The trial court rules, by a reasoned decision, either that the hearing will proceed further or that the case be adjourned to a later date. If it is the latter, the trial court may order any measure it deems useful in respect of the expert opinion.

Article 169-1

(Inserted by Law n° 72-1226 of 29 December 1972 Article 13 Official Journal of 30 December 1972)

The provisions of articles 168 and 169 are applicable to persons called upon to make findings or give an opinion as to the circumstances of a death in accordance with articles 60 and 74.

Article 170

(Law n° 93-2 of 4 January 1993 art 71 ; Official Journal 5 January 1993, in force 1 March 1993)

(Law n° 2000-516 of 15 June 2000 art 83 ; Official Journal 16 June 2000, in force 1 January 2001)

In the course of the investigation the investigating chamber may in any matter be referred for annulment a procedural instrument or procedural document by the investigating judge, by the district prosecutor or by the parties.

Article 171

(Law n° 93-2 of 4 January 1993 art 71 ; Official Journal 5 January 1993, in force 1 March 1993)

(Law n° 93-1013 of 24 August5 1993 art 21 ; Official Journal 25 August 1993, in force 2 September 1993)

There is a nullity when the breach of an essential formality provided for by a provision of the present Code or by any other rule of criminal procedure has harmed the interests of the party it concerns.

Article 172

(Law n° 93-2 of 4 January 1993 art 71 ; Official Journal 5 January 1993, in force 1 March 1993)

(Law n° 93-1013 of 24 August5 1993 art 21 ; Official Journal 25 August 1993, in force 2 September 1993)

The party in respect of whom an essential formality has been broken may waive the breach and thus regularise the proceedings. Such a waiver must be expressly stated. It may only be made in the presence of the advocate or where the latter has been summoned in due form.

Article 173

(Law n° 93-2 of 4 January 1993 art 71 ; Official Journal 5 January 1993, in force 1 March 1993)

(Law n° 93-1013 of 24 August5 1993 art 22 ; Official Journal 25 August 1993, in force 2 September 1993)

(Law n° 2000-516 of 15 June 2000 art 29 & 83 ; Official Journal 16 June 2000, in force 1 January 2001)

If the investigating judge believes that a procedural step or instrument is tainted by nullity, he refers it to the investigating chamber for annulment, after having heard the opinion of the district prosecutor and having informed the parties.

If the district prosecutor considers a nullity has been committed, he orders the investigating judge to send him the case file in order to transmit it to the investigating chamber, files an annulment application with this chamber and informs the parties thereof.

If one of the parties considers that a nullity has been committed, he refers the case to the investigating chamber by filing a reasoned application of which he sends a copy to the investigating judge who transmits the case file to the presiding judge of the investigating chamber. The application must, under penalty of inadmissibility, be filed as a declaration with the court office of the investigating chamber. It is recorded and dated by the clerk who signs it with the applicant or his advocate. If the applicant is unable to sign, an entry to that effect is made by the clerk. Where the applicant or his advocate do not reside within the area of jurisdiction of the competent court, the declaration made to the court office may be made by recorded delivery letter with a request for acknowledgement of receipt. Where the person under judicial examination is detained, the application may also be made through a declaration filed with the prison governor. This declaration is recorded and dated by the prison governor who signs it with the applicant. If the latter is unable to sign, an entry to that effect is made by the prison governor. This document is immediately sent in its original form or as a copy, by any means available, to the court office of the investigating chamber.

The provisions of the first three paragraphs are not applicable to procedural decisions which may be appealed against by the parties, and in particular, to decisions made in respect of pre-trial detention or judicial supervision.

Within a week of receipt of the case file by the court office of the investigating chamber, the presiding judge may, by an unappealable order, rule that the application is inadmissible pursuant to the present article, third or fourth paragraph, article 173-1, articles 174 first paragraph, or 175 second paragraph; he may also rule that an application is inadmissible if it is made without reasons given. If he finds the application inadmissible, the presiding judge of the investigating chamber orders the case file of the investigation to be returned to the investigating judge; in the other cases, he transmits it to the public prosecutor who proceeds as stated under articles 194 onwards.

Article 173-1

(Law n° 2000-516 of 15 June 2000 Articles 29 Official Journal of 16 June 2000 in force on 1 January 2001)

Under pain of inadmissibility, the person under judicial examination must state the grounds for the nullification of any steps that were taken before his interrogation at first appearance, or at this interrogation itself, within a period of six months from being notified that he was under judicial examination, except in cases where he could not have known about them. The same applies to the grounds for voiding any procedural steps carried out before each of his subsequent interrogations.

The same applies to the civil party, from the time of his first hearing, and then of his later hearings.

Article 174

(Ordinance n° 58-1296 of 23 December 1958 art. 1 Official Journal of 24 December 1958 in force 1 March 1959)

(Law n° 85-1407 of 30 December 1985 art. 28 and 94 ; Official Journal 31 December 1985 in force 1 February 1986)

(Law n° 93-2 of 4 January 1993 art 71 ; Official Journal 5 January 1993, in force 1 March 1993)

(Law n° 93-1013 of 24 August5 1993 art 23 ; Official Journal 25 August 1993, in force 2 September 1993)

(Law n° 2000-516 of 15 June 2000 art 83 ; Official Journal 16 June 2000, in force 1 January 2001)

Where the investigating chamber is seised of the case on the basis of article 173, all grounds for the annulment of the procedure transmitted to it must, without prejudice of the court's right to raise them of its own motion, be then submitted to it. Failing such submission, the parties are not admitted to raise them except where they could not have known about them.

The investigating chamber decides whether the annulment should be limited to all or part of the vitiated procedural instruments or documents, or should extend to all or part of the later proceedings, and proceeds as stated in the third paragraph of article 206.

The annulled instruments or documents are withdrawn from the case file of the investigation and filed in the court office of the court of appeal. The procedural instruments or documents annulled in part are cancelled after the taking of a copy certified true to the original, which is filed with the court office of the court of appeal. It is prohibited to draw any information against the parties from the annulled procedural instruments or documents or from the annulled parts of such instruments or documents, under penalty of disciplinary proceedings for the advocates and the judges or prosecutors.

Article 174-1

(Inserted by Law n° 2000-516 of 15 June 2000 art 30 ; Official Journal 16 June 2000, in force 1 January 2001)

Where the investigating chamber annuls placement under judicial investigation for breach of the provisions of article 80-1, the person is considered an assisted witness from the time of his interrogation at first appearance, and for all of his subsequent interrogations, until the end of the enquiry, subject to the provisions of articles 113-6 and 113-8.

Article 175

(Ordinance n° 58-1296 of 23 December 1958 art. 1 Official Journal of 24 December 1958 in force 1 March 1959)

(Law n° 85-1407 of 30 December 1985 art. 29 and 94 ; Official Journal 31 December 1985 in force 1 February 1986)

(Law n° 93-2 of 4 January 1993 art 72 & 224 ; Official Journal 5 January 1993, in force 1 March 1993)

(Law n° 93-1013 of 24 August5 1993 art 24 ; Official Journal 25 August 1993, in force 2 September 1993)

(Law n° 2000-516 of 15 June 2000 art 131 ; Official Journal 16 June 2000, in force 1 January 2001)

As soon as he considers the investigation is over, the investigating judge informs the parties and their advocates of this, either verbally with a signature entered into the case file or by recorded delivery letter. Where the person is detained this notice may also be served by the prison governor, who immediately sends the original receipt or its copy signed by the person concerned to the investigating judge.

Upon the expiry of twenty-day days from the sending of the notice provided for by the previous paragraph, the parties are no longer competent to file an application or to make a request on the basis of articles 81 (ninth paragraph), 82-1, 156 (first paragraph), or 173 (third paragraph). The parties may, in the presence of their advocate or where the advocate has been summoned in due form, waive their right to invoke this time limit.

The investigating judge sends the case file to the district prosecutor when this time limit is over. The latter sends his submissions within one month if a person under judicial examination is detained, and within three months in other cases.

The investigating judge who does not receive the prosecution's submissions within the prescribed time limit may make the closing order.

The provisions of the first paragraph are also applicable to the assisted witness.

Article 175-1

(Law n° 85-1303 of 10 December 1985 art 21 and 42 ;Official Journal 11 December 1985 in force 1 March 1988)

(Law n° 87-1062 of 30 December 1987 art 23 ;Official Journal 31 December 1987, in force 1 September 1989)

(Law n° 93-2 of 4 January 1993 art 41 ;Official Journal 5 January 1993, in force 1 March 1993)

(Law n° 2000-516 of 15 June 2000 art 74 ;Official Journal 16 June 2000, in force 1 January 2001)

(Law nº 2000-1354 of 30 December 2000 art. 25 Official Journal of 31 December 2000)

A person under judicial examination, an assisted witness or a civil party may, at the expiry of the time limit indicated to him in accordance with paragraph 8 of article 116 or the second paragraph of article 89-1, which runs respectively from the date of the placement under judicial examination, the first hearing or when civil party was officially constituted, ask the investigating judge, in accordance with the conditions laid down by the tenth paragraph of article 81, to bring the case before the court of trial by transfer or indictment, or to declare that there is no case to answer. This includes proceeding, where appropriate, to a severance. This request may also be formed when no investigating act has been carried out for a period of four months.

Within a month of receiving this request, the investigating judge must grant it or declare, in a reasoned decision, that there are grounds for seeking further information. In the first case, he proceeds according to the conditions set out in the present section. In the second case, or if the judge has failed to rule within the allotted month, the person under judicial examination, the assisted witness or the civil party may transfer the case to the presiding judge of the investigating chamber, in accordance with article 207-1. Seising the court in such a way must be done within the five days of notification of the judge's decision, or at the end of a one-month time limit.

Where the investigating judge has declared that he is continuing with his investigation, a new application may be made at the end of a six month period.

The provisions of the present article are not applicable after the notice provided for in the first paragraph of article 175 has been sent.

Article 175-2

(Law n° 85-1303 of 10 December 1985 art 21 and 42 ;Official Journal 11 December 1985 in force 1 March 1988)

(Law n° 87-1062 of 30 December 1987 art 23 ;Official Journal 31 December 1987, in force 1 September 1989)

(Law n° 2000-516 of 15 June 2000 art 74 ;Official Journal 16 June 2000, in force 1 January 2001)

In all cases, the length of the investigation must not exceed a reasonable length of time, with consideration to the seriousness of the charges brought against the person under judicial examination, the complexity of the investigations needed to establish the truth, and the exercise of the rights of the defence.

If, at the end of two years from when the investigation was opened, it has not been concluded, the investigating judge delivers a reasoned judgment, with reference to the criteria provided for in the previous paragraph, explaining the reasons for the length of the proceedings, including indications justifying the continuation of the investigation and specifying the prospects for completion. This ruling is communicated to the presiding judge of the investigating chamber, who can, if he requests it, transfer the case to this court, in accordance with the provisions of article 221-1.

The order provided for in the previous paragraph must be renewed every six months.

Article 175-3

(Law n° 85-1303 of 10 December 1985 art 21 and 42 ;Official Journal 11 December 1985 in force 1 March 1988)

(Law n° 87-1062 of 30 December 1987 art 23 ;Official Journal 31 December 1987, in force 1 September 1989)

(Law n° 2000-516 of 15 June 2000 art 75 ;Official Journal 16 June 2000, in force 1 January 2001)

The investigating judge informs the civil party of the progress of the investigation every six months.

Article 176

(Law n° 93-2 of 4 January 1993 art 42 ;Official Journal 5 January 1993, in force 1 March 1993)

(Law n° 93-1013 of 24 August 1993 art 6 ;Official Journal 25 August 1993 in force 2 September 1993)

The investigating judge examines whether there exist against the person under judicial examination charges which constitute an offence, of which he determin

CODE OF CRIMINAL PROCEDURE