Hearing of witnesses during a criminal investigation

Any person who may have information in a case may be heard as a witness, including a minor child.

But the victim and the suspect cannot be heard as mere witnesses.

You may be heard as a witness to provide information on the facts if you witnessed the infringement.

You can also be heard, even if you were not present at the time, for give information on the suspect or on objects and documents seized by investigators.

The witness may be called 1 or more times during the investigation.

Summoning by the police or gendarmerie

Summoning by the police or gendarmerie can take different forms (telephone, mail...).

At the beginning of a flagrancy investigation, the judicial police officer (OPJ) who makes the initial findings may prohibit those present from leaving to hear them on the spot.

Summons by an investigating judge

During thejudicial inquiry, (or procedure forinstruction), the investigating judge shall summon the witness by single letter or registered letter.

The investigating judge may also summon the witness by quotation. In this case, the summons shall be given to the witness by a Commissioner of Justice (formerly bailiff), a policeman or gendarme.

Summoning of a minor witness

If the witness is a minor, his legal representatives must be informed.

Appearance without summons

The prior summoning of a witness may sometimes pose risks to the proper conduct of the investigation (e.g. risk of pressure on the witness or his family).

In this case, the public prosecutor may authorize the appearance by the police without prior notice. The witness does not receive a summons and the police come to pick him up from his home.

If you're called to testify, you must obligatory present yourself at the meeting.

If you can't come the convening of theOPJ, for a legitimate reason (illness, business travel ...), you can request a postponement. The OPJ may refuse to postpone the hearing.

If you refuse to come when the OPJ or the investigating judge summons you, the forces of law and order can come and get you with the prior authorization of the public prosecutor.

The investigating judge may travel with the clerk to hear from a witness who cannot travel.

During the police or gendarmerie investigation

During the police or gendarme investigation, witness statements are taken by OPJ.

The Judicial Police Officers (APJs) may also take statements from witnesses under the responsibility of an OPJ.

During a criminal investigation

As part of a judicial inquiryNo, it's the examining magistrate investigator who hears witnesses. During the hearing, he is assisted by the Registrar.

The investigating judge may also assign the witness to a police or gendarmerie service. He then delivers a letters rogatory to this service. A letter rogatory may also be issued to another judge of the court or to an investigative judge of another court.

Letters rogatory allow, for example, the taking of statements from witnesses who live far from the court or outside the department where the investigation is taking place.

There's no no right to counsel for the witness.

As a witness, you cannot be assisted by a public defender during your hearing.

If you have your own lawyer chosen, the investigators are not required to guarantee his presence at the hearing.

Taking an oath is a commitment to tell the truthWell, the whole truth, just the truth.

The witness is not required to take an oath when it is heard during a police or gendarme investigation.

The witness must be sworn in if he is heard by an investigating judge or for the execution of a letter rogatory. Only witnesses under the age of 16 are exempt from taking the oath.

If you are heard during a police investigation, you can keep quiet, if you wish.

But if you're heard as part of a judicial inquiry, you need to answer the questions by the investigating judge.

During your hearing, you oral statements.

Your statements are written transcripts in a report, which shall be filed in the investigation file.

Testimony before an OPJ

The OPJ hearing the witness takes note of the statements and writes the minutes. He invites the witness to reread his statements.

If the witness does not know how to read, the OPJ reads the minutes to him. The witness can add comments.

The minutes of the hearing shall be signed by the witness and the OPJ.

If the witness is unwilling or unable to sign, the OPJ states this in the minutes.

Testimony before an investigating judge

The registrar takes note of the witness’s statements to the investigative judge and writes the minutes of the hearing.

The judge invites the witness to reread the transcript and to sign it if he maintains his statements.

If the witness cannot read, the clerk reads the minutes.

Each page of the minutes of the hearing must be signed by the judge, the clerk and the witness.

If the witness is unwilling or unable to sign, the clerk shall state that in the minutes.

Assistance of an interpreter

If the witness does not understand French, the investigators and the investigating judge may call on an interpreter.

The interpreter takes an oath to assist justice in his honor and conscience (unless he is already sworn in).

The interpreter shall also sign the minutes of hearing.

A deaf witness may be assisted by a sign language interpreter. But it is also allowed to communicate with him by any other means (for example in writing if he can read and write).

Testimony written by witness

A witness may also write a written statement and hand it over to the police or gendarmes in charge of the case.

This written testimony must be accompanied by a photocopy of his or her identification.

He may write his testimony on free paper or use the witness attestation form.

At your hearing by the police or gendarmerie, you are free to leave the premises at any time.

But you can be restrained during the time strictly necessary for your hearing. This period shall not exceed 4 hours.

The law does not limit the duration of a witness hearing by an investigative judge.

Keep your home address a secret

With the permission of the public prosecutor or the investigative judge, you can declare the address of the police station or gendarmerie brigade home. You can also declare your business address if you are summoned because of your occupation.

Keep your identity secret

If the facts are serious (crime or misdemeanor punishable by at least 3 years in prison), you may be allowed to testify without your name appearing in the proceedings.

The request shall be made by request addressed to the liberty and detention judge. The judge gives permission if the testimony puts the life of the witness, his family or loved ones at risk.

In certain circumstances (for example, if the witness's security is no longer assured), the witness may be authorized to use an alias.

In order not to reveal the identity of the protected witness, possible confrontations with the suspect are carried out at a distance: the witness is not visible and his voice is hidden.