Judicial inquiry

Verified 17 November 2021 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

Criminal investigation is the investigation conducted by an investigating judge to determine the existence of a criminal offense. infringement, the perpetrators of the offense and whether there is evidence against the person or persons involved. The judicial inquiry shall be opened at the request of the public prosecutor or at the initiative of a victim. The investigative judge has many investigative tools and constraints (warrants, pretrial detention, etc.).

A judicial inquiry is opened when an investigative judge is in charge of a criminal investigation. The criminal investigation is a phase of the procedure during which the judicial police search for the perpetrators of infringements and tries to gather the evidence.

Who is the competent investigating judge?

The investigative judge is a judge of the judicial tribunal.

It may be seized to investigate a crime, one offense or a contravention. It must be seized in the event of a crime.

The court with territorial jurisdiction shall be that of the place of commission of the offense, the place of residence of one of the suspects, the place of arrest of the suspect or the place of detention.

Who shall I contact

How is the judicial inquiry opened?

The investigating judge may be seised by a indictment of the public prosecutor or by a civil party claim of the victim.

By the Public Prosecutor

The prosecutor refers the case to the investigating judge following a police or gendarmerie investigation that finds an offense under the law or following the simple complaint of a victim.

The public prosecutor shall refer the matter to the investigating judge by means of a written document appointed introductory statement. This document indicates the offenses to be investigated by the judge and identifies possible suspects.

By the victim

The investigating judge can be seized by the victim of an offense only in the following 2 cases:

  • The victim has previously filed a complaint for the same facts that were filed without further action. In this case, the victim must be in possession of the document of the public prosecutor entitled notice of no further action.
  • No response was given to a complaint filed more than 3 months ago. In this case, the victim must be in possession of proof of his complaint of more than 3 months.

FYI  

a victim may refer the matter directly to the investigating judge without first filing a complaint in the event of a crime, press offense, defamation or violation of the electoral code.

Depending on the resources of the civil party, the investigating judge shall fix the amount of consignment. If this deposit is not paid, the complaint is not dealt with. The judge may authorize the civil party not to pay. People who have been given legal aid for this procedure do not have to pay a deposit.

The complaint with the formation of a civil party is transmitted by the investigating judge to the public prosecutor. The prosecutor must give his opinion on the need to start a criminal investigation.

The public prosecutor may request a 3-month delay or have the civil party heard before deciding.

The public prosecutor then takes requisitions.

If they are requisitions to inform, the investigating judge shall open a judicial inquiry.

They may be requisitions to withhold information if there is no criminal offense or if the facts have clearly not been committed.

If the prosecutor considers that the facts were not committed as a result of the elements of the original investigation, he may make requisitions non-suit.

Finally, it can be requisitioning refusal to inform in which the prosecutor invites the civil party to bring the case before the court by direct quotation. These are cases reported against an adult by the victim, but for which the public prosecutor has not initiated proceedings.

The investigating judge takes into account the requests of the public prosecutor. If he doesn't follow requests not to inform, he must explain why in his ordinance.

The investigative judge has extensive investigative powers to seek evidence and perpetrators.

He educates charging and dischargingIn other words, he must seek both proof of the innocence and guilt of the accused person.

He may proceed to the indictment people.

He may place the accused under judicial review or refer an application to the judge of freedoms and detention for a pretrial detention.

The law provides rights for parties (civil party, accused, assisted witness) to intervene throughout the judicial inquiry.

What are the powers of the investigating judge?

Order investigative acts

The investigative judge looks for evidence.

He may refer the matter to the police or gendarmerie by letters rogatory to conduct an investigation.

It may hear the persons complained of, witnesses, organize confrontations, conduct searches, make seizures.

He may ask for expert opinions, for example DNA analyzes.

They may also request that wiretapping or organize surveillance operations. He can go to the scene, arrange a reconstruction of the facts.

Indict

If the examining magistrate considers that there are serious or consistent indications with regard to a defendant, the investigating magistrate may indict.

The judge must place the person under the status of assisted witness when the indictment of the accused person is not possible.

Issue warrants

The investigating judge may issue different warrants.

The search warrant is for the arrest by law enforcement authorities of an accused person for the purpose of placing him in custody police custody.

The summons to appear is an act notified officially to a person to compel him or her to appear before the investigating judge.

The order to bring is the order given to the police or gendarmerie services to bring before the investigating judge a person in respect of whom there are serious or consistent indications. This warrant may also be used to bring before the judge a person who has not complied with a previous summons.

The arrest warrant is the order given to the police or gendarmerie services to search for a person, arrest him and take him to prison.

Order pre-trial detention or judicial review

The investigating judge may refer a request to the judge of freedoms and detention for a pretrial detention.

Indictment The person may then be remanded in custody if the needs of the investigation so require.

If the investigative judge or the liberty and detention judge refuses to place the person in detention, he or she may set up a judicial review. The accused will then have to comply with obligations (e.g. not to visit certain places, not to meet certain persons).

The person may also be house arrest under electronic surveillance.

What are the rights of the parties?

The parties involved in the proceedings and the civil parties may be assisted by a lawyer.

A victim who does not make himself a civil party does not enjoy the rights of the civil party.

The victim may be a civil party throughout the proceedings.

Indictment Person

Indictment The person concerned has access to the investigation file. She can ask, after the first appearance, to have a copy of the documents in the file. Delivery must take place within 1 month.

It may ask the investigating judge to perform certain acts (hearing, confrontation, transport to the scene, production of documents, etc.).

It may request the annulment of certain acts by seizing by request the Investigative Chamber of the Court of Appeal.

Who shall I contact

She can apply for her release if she is remanded in custody or she can release judicial review or house arrest under electronic surveillance.

Indictment The person can do call orders issued by the investigating judge.

The appeal must be made by a statement to the registrar of the investigating judge.

This declaration shall be signed by the Registrar and by the defendant or his lawyer.

The detained accused must appeal to the prison registry by means of a statement of appeal form.

The Investigative Chamber of the Court of Appeal is considering the appeal. It may confirm or annul the decision of the investigating judge.

Witness assisted

The assisted witness shall have access to the file.

He can ask the investigating judge to perform acts (hearing, confrontation, transport to the scene, production of documents ...).

The witness assisted may request the cancelation of documents of the proceedings (a statement of questioning, a wiretap, police custody ...). Cancelation is requested by a request addressed to the investigating chamber of the Court of Appeal.

Who shall I contact

Civil party

The civil party has access to the file. It may request a copy of the file after its first hearing. Delivery must take place within 1 month.

It may ask the investigating judge to perform acts (hearing, confrontation, transport to the scene, production of documents, etc.).

It can request the annulment of procedural documents (an interrogation report, a telephone tapping, police custody ...). Cancelation is requested by a request addressed to the investigating chamber.

Who shall I contact

The civil party may call orders issued by the investigating judge. The appeal must be made by a statement to the registrar of the investigating judge. This declaration shall be signed by the Registrar and by the civil party or his lawyer.

The Investigative Chamber of the Court of Appeal is considering the appeal. It may confirm or annul the decision of the investigating judge.

The criminal investigation ends when the investigation is completed.

The investigating judge then issues an appeal settlement order.

This order is notified parties who have the right to appeal.

Settlement order

Based on the results of the investigation and the evidence gathered, the investigating judge issues a dismissal order or a referral order to the court.

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Non-suit

The investigating judge shall issue an order of non-suit in the following cases:

  • Facts do not constitute a infringement
  • No author is identified
  • Indictment There are no sufficient burdens, that is, sufficient indicia, with respect to the person
  • The accused has acted in a state of self-defense. The dismissal order must specify the charges establishing the facts committed by the accused and their implications for the victim. The victim may seek redress in civil proceedings.
  • The accused dies. The dismissal order must specify the evidence establishing the facts committed by the accused and their implications.

The public prosecutor may request the reopening of the criminal investigation if new evidence emerges.

Dismissal

If the information establishes that an offense has been committed, the investigating judge shall issue an order for referral to the court competent to try the offense.

  • If it is a contravention, the matter is referred to the police court.
  • If the offense is committed, the case is referred to the correctional court.
  • If it is a crime, the case is referred to the court of assize.
  • If the crime is committed by a minor over 16 years of age, the case is referred to the juvenile court.

Notification of the order

The order is notified to the parties orally (with signature) or by registered letter.

Appeal against the order

Indictment The person and the civil party or their counsel may appeal the settlement orders.

The appeal period is 10 days.

The statement of appeal shall be made to the registrar of the court which issued the decision (or to the registry of the penitentiary institution if the accused is detained).

Who shall I contact

The appeal is heard by the Investigative Chamber of the Court of Appeal.

Who can help me?

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