Indictment

Verified 30 September 2024 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

Indictment Would you like to know what is a given and in which situations it intervenes? Indictment Want to know the person's rights and obligations? We're explaining how this works.

Indictment The decision of the investigating judge as part of a judicial inquiry.

One suspect of infringement and against which there are serious or consistent indicia indictment may be given after being brought before an investigating judge.

Indicted suspect has rights and is subject to obligations.

The accused may have his freedoms restricted, for example by a measure of judicial review or a pretrial detention.

Indictment The death of a person by the investigating judge is done during a questioning.

If the person has already been heard in the course of the investigation as assisted witness, we are talking about first interrogation.

If the person has not yet been heard as an assisted witness, we talk examination of first appearance.

Appearance before the investigating judge

Indictment When considering a person's withdrawal, the suspect is deferred at the end of his detention or called in by the investigating judge.

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Deferral

At the end of police custody, on public prosecutor's office may refer a suspect directly to the investigating judge for indictment.

Summons

Indictment If the suspect is not transferred to police custody, the investigative judge may decide to summon him for a

The summons is done either by registered letter, or by a notification transmitted by a judicial police officer.

One minimum delay 10 free days indictment and a maximum of 2 months must take place between the date of receipt of the summons and the date scheduled for the interrogation of

The notice shall indicate the facts for which the person is accused, the date and thetime of summons.

The suspect is also informed of his right to legal assistance.

FYI  

The assisted witness may be charged, without further questioning, by sending a registered letter.

Conduct of the examination

Indictment The investigative judge first establishes the identity of the suspect and reminds him of the facts for which the taking of the goods is envisaged.

If necessary, he shall also inform the suspect interviewed of his right to a interpreter and to the translation essential documents in the file.

When the suspect interviewed is without lawyer, he shall be informed of his right to choose one or to request one ex officio lawyer. Upon arrival, the lawyer can immediately consult the file and speak freely with his client.

In all cases, the investigating judge informs the suspect that he has the right to to make statements, of to answer questions put to him or shut up. A lawyer must be present when the suspect consents to be questioned.

FYI  

An audiovisual recording of the interrogation is mandatory when it is a question of crime.

Decision of the investigating judge

After questioning the suspect, and after possibly hearing the observations of his lawyer, the investigative judge notifies him of his decision.

Two cases are possible:

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indictment 1st case: there is no

When the investigating judge decides not to indict the suspect, he must inform him that he shall enjoy the rights of assisted witness.

indictment 2nd case: the investigating judge decides

If there are serious or consistent indicia whether the person was able to participate in the facts, the investigating judge may decide to indict the person interviewed.

In this case, the judge must inform the accused of the facts alleged against him, unless these facts remain strictly identical to those indicated at the beginning of the interrogation.

The judge must also inform the accused of his or her rights, including the right to request performance ofinvestigative acts and the indictment right to challenge the.

The judge must also inform the accused of the foreseeable duration completion of the procedure.

Indictment The investigating judge must ask the person for his or her personal address, unless he or she intends to ask for the pretrial detention,

After announcing its decision, the report which describes the entire examination procedure is printed by the clerk. It shall be signed by the person questioned, the investigating judge and the registrar.

Indictment After each interrogation, confrontation or reconstitution, the person's lawyer receives a copy of the minutes by any means.

Indictment As soon as possible, the judge may take security measures in particular to ensure that the person concerned is present during the investigation.

The investigating judge may take one of the following decisions:

Warning  

Indictment If the person pretrial detention, she must inform the judge of any change of address by registered letter with notice of receipt or by declaration to the judge.

Indictment The person can be assisted by one or more lawyers throughout the training.

They can access and request a copy of the procedure. If necessary, she can ask for the translation of essential documents in a language she understands.

Indictment The person can to make comments.

It may also ask the judge to any investigative act that would establish the truth or to challenge actions taken.

In particular, it may request the following acts:

  • New interrogation
  • Hearing of a witness or civil party
  • Confrontation
  • On-site transport
  • Production of documents useful for judicial information

Indictment The person may request that the hearings or transport be carried out in the presence of his lawyer.

If the investigating judge refuses to perform an act, he must notify its decision by ordinance within a period 1 month. This decision may be challenged by a call. The appeal must be made on the spot in the court with the registrar of the investigating judge or from the place of detention for the detained defendant.

FYI  

In a criminal case, all interrogations are audio-visually recorded. The records may be consulted only in the event of a challenge to the statements made. They are destroyed 5 years after the termination of the prosecution (limitation period, conviction...).

If the respondent considers that there is more serious or consistent evidence against him (for example, if a witness retracts), he can request to change from indictment to assisted witness.

The rules differ depending on whether it is a challenge for lack of serious or consistent evidence or for procedural error:

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Dispute for lack of serious or consistent evidence

Indictment The person can to request the annulment of the measure in the 6 months of his first appearance for absence of serious or consistent evidence against her.

She or her lawyer must write a request which explains the reasons for his request.

The request for cancelation must be made to the investigating chamber of the court of appeal on which the court responsible for the case depends.

Who shall I contact

The defendant or his lawyer must lodge the request by making a statement at the Registry of the Investigating Chamber. Indictment If the person is detained, the request may be made by means of a declaration to the head of the penitentiary.

If the defendant or his lawyer does not reside within the jurisdiction of the Court of Appeal, the statement may be made by registered letter with a request for notice of receipt.

If the request is granted, the person is considered to be assisted witness from his interrogation at first appearance.

Challenge for Procedural Error

If the defendant considers that procedural error has been committed, he can request the annulment of this measure.

This challenge must be made within indictment 6 months after the interrogation that led to the and must be about form. For example, if the lawyer was not summoned within the time limit required by law.

The request for cancelation is made by request in front of investigating chamber of the court of appeal on which the court responsible for the case depends.

Who shall I contact

The defendant or his lawyer must lodge the request by making a statement at the Registry of the Investigating Chamber. Indictment If the person is detained, the request may be made by means of a declaration to the head of the penitentiary.

If the defendant or his lawyer does not reside within the jurisdiction of the Court of Appeal, the statement may be made by registered letter with a request for notice of receipt.

If the investigating chamber decides to annul, it must specify whether the annulment relates to other acts or documents of the proceedings.

During questioning at first appearance, the investigative judge indicates a foreseeable period of completion of criminal investigation.

The judge may specify the time limit laid down by law:

  • 1 year for an instruction tortious
  • 18 months for an instruction criminal

The judge may also specify a shorter period than that laid down by law.

At the end of the period specified by the judge during questioning, the accused may request the end of the investigation. If the judge refuses, he must give a ordinance detailing the grounds for refusal. Indictment The person can reformulate this request every 6 months.

At the end of criminal investigation, the investigating judge must decide whether whether to judge or not indictment the person.

Indictment If the judge considers that there are sufficient charges against the person being treated, the judge may make a ordinance referral before a court of trial. Indictment The person who then becomes defendant or accused and must be judged.

Indictment If the judge considers that the charges against the person are not sufficient, the judge may make a ordinance of non-suit. Indictment In this case, the person is no longer involved and is not tried by a court.

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