What is an assisted witness?
Verified 16 February 2022 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice
The witness assisted is a person involved in a criminal case. It's an intermediate status between that of the witness and that of indicted. This statute gives rights before the investigating judge. It may change during the procedure.
During a judicial inquiry, a person may be placed by the investigating judge as an assisted witness.
In this case, in the judge's investigative record, there must be evidence to suggest guilt in the offense.
This status is different from 2 other existing statuses:
Witness assisted | Charged | Witness | |
|---|---|---|---|
Right to counsel | Yes | Yes | No |
Right of access to the file | Yes | Yes | No |
Right to silence | Yes | Yes | No |
Right to request a confrontation | Yes | Yes | No |
Right to request the annulment of an act or document of the proceedings | Yes | Yes | No |
Right to request acts (complementary expertise and counter-expertise) | Yes | Yes | No |
Placement under judicial supervision, electronic bracelet or pretrial detention | No | Yes | No |
Taking of oath | No | No | Yes (it's a false testimony so lie) |
Situations concerned
The placement of a person under the status of an assisted witness is sometimes mandatory depending on the situation concerned.
The judge may also make this decision alone.
Implicated by the Public Prosecutor
The person named in a indictment of the public prosecutor, but which is not indictmentshall be heard by the judge as an assisted witness.
If a person has already been interviewed for a indictment but the judge finally waived it, it must be heard as an assisted witness.
Implicated by a victim or witness
The person appointed in a complaint or a civil party claim may be heard by the judge as an assisted witness or as a witness.
This is also the case when the person is questioning by the victim or a witness.
If the person so requests, he must be placed under the status of assisted witness.
Decision of the investigating judge
If there are indications against a person that he or she may have participated in the offense, the judge may hear him or her as an assisted witness or as a witness.
But the existing evidence is weaker than it would seem indictment.
The judge may also decide to place the person under the status of an assisted witness where the indictment is not possible or appears premature.
FYI
indictment if a person has already been interviewed for a procedure but the judge has waived it, he or she must be heard as an assisted witness, even if he or she does not request it. Indictment This is also the case if the trial chamber has canceled the trial.
Appearance before the investigating judge
When the indictment of an accused person is being considered, deferred before the judge at the end of his police custody.
If the judge decides not to put the person under the status of indicted, he must inform her that she has the rights of the witness assisted.
A person may also be summoned by the judge.
The summons shall be made by registered letter stating that it will be heard under this status.
This summons indicates his right to a lawyer and to remain silent.
It shall also inform him, if so, of the complaint, the prosecutor's indictment or the testimony of the accused.
Once the summons has been received, the witness assisted must inform the judge of the name of his lawyer (if he already has one) or ask for the appointment of a lawyer appointed by the President of the Bar.
Lawyer must be summoned at least 5 working days before the hearing.
For the remainder of the proceedings, the witness assisted is required to inform the judge of any change of address.
Yeah. Yeah. At any time during the proceedings, the assisted witness may become a indictedat his request, at his hearing or by registered letter sent to the investigating judge.
This is also the case, after a decision by the judge, if serious or consistent evidence emerges against the witness assisted during the investigation.
The judge may decide this during an examination of the witness assisted or by sending the witness assisted a registered letter specifying the facts alleged against him, without further examination.
This indictment may also take place at the same time as the notice of termination of information, i.e. at the end of the investigation by the investigating judge.
The accused has a period of 1 month (if he is in custody) or 3 months (in other cases) to request acts.
It may also present a request annulment of an act or document of the proceedings.
This application is filed before the investigating chamber of the Court of Appeal on which the judicial tribunal in charge of the case depends.
Who shall I contact
If the investigating chamber finds that the request is inadmissible, the case is referred to the investigating judge in charge of the case.
Who shall I contact
Who can help me?
Find who can answer your questions in your region
For more information
Telephone administrative information - Allo Public Service
The informants who answer you are from the Department of Justice.
Cost: free service
Service available at the following times:
- Monday: 8.30am to 5.30pm
- Tuesday: 8:30 to 12:15
- Wednesday: 8:30 to 12:15
- Thursday: 8.30am to 5.30pm
- Friday: 1 p.m. to 4:15 p.m
- Lundi : de 08h30 à 17h30
- Mardi : de 08h30 à 12h15
- Mercredi : de 08h30 à 12h15
- Jeudi : de 08h30 à 17h30
- Vendredi : de 13h00 à 16h15
For more information
House of Justice and the Law
Examining Magistrate: General provisions
Rights of the assisted witness
Investigative judge: interrogations
Investigating judge: expert opinion
Investigating judge: information voids
Examining Magistrate: Settlement orders
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