Judicial inquiry

Verified 30 September 2024 - Directorate for Legal and Administrative Information (Prime Minister)

Criminal investigation is the investigation conducted by an investigating judge to prove the existence of a criminal offense. infringement and to identify the perpetrators.

It is open at the request of the public prosecutor or at the initiative of a victim.

The judge has the means of investigation (expertise, hearings...) restrictions and measures depriving them of liberty (warrants, pretrial detention, etc.) in order to enable the truth to be discovered.

We explain how the criminal investigation works.

The judicial inquiry is a stage of the criminal procedure.

It is conducted by a specialized judge, called examining magistrate.

Its role is to conduct an investigation to to gather evidence, find authors offenses and to establish the truth in a criminal case.

The criminal investigation is mandatory when a crime was committed. She's optional in the field of offense and contravention.

If the evidence against the accused is sufficient, the investigating judge refers the case to the trial court (police court, correctional court, criminal court).

The court with territorial jurisdiction shall be:

  • place of commission of the offense
  • or the place of residence of one of the persons suspected of having participated in the offense
  • or the place of arrest of the suspected person
  • or the place of detention of the suspect.
Who shall I contact

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

By the Public Prosecutor

The prosecutor then refers the case to the investigating judge a police or gendarme investigation or as a result of 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 may be seized by the victim of an offense only in the 2 subsequent 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. In this case, the victim must be in possession of the proof of its lodging of complaint more than 3 months old.

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.

To bring a complaint before the investigating judge, with the formation of a civil party
  • Your deposit of civil party claim is done by a signed, dated letter or by a oral statement before the investigating judge.
  • On receipt of the complaint, the investigating judge shall fix the amount of consignment, based on your resources.
    If this deposit is not paid, the complaint is not dealt with.
    The judge can authorize you not to pay.
  • If you have legal aid for this procedure, you do not have to pay a deposit.
Procedure of the complaint with formation of a civil party

The investigating judge shall forward the file to the public prosecutor for an opinion on the need to open a judicial inquiry.

The Public Prosecutor may request a period of 3 months or to give the civil party a hearing before making a decision.

The public prosecutor may take several types of requisitions :

  • If the offense committed requires an investigation, he takes requisitions to inform. The investigating judge then opens a judicial inquiry.
  • If the acts committed do not allowpenally sanctioned, he takes requisitions of uninformed.
  • If the investigation establishes no criminal offense has been committed, he takes requisitions of non-suit.
  • If a person may be subject to criminal prosecution but the public prosecutor does not wish to engage him, he then takes requisitions from refusal-to-inform. In this case, the public prosecutor invites the civil party to bring the case before the court by direct quotation.

The investigating judge takes into account the requests of the public prosecutor.

The investigating judge has powers of investigation extended to allow for the proper conduct of the judicial inquiry. He uses them to search for evidence and authors of offenses.

The public prosecutor participates in the judicial investigation and his opinion may be sought.

Role of the investigating judge in the conduct of the judicial inquiry

Anyone charged with an offense is presumed innocent until proven guilty legally proven.

The educated judge charging and discharging, i.e. he must both look for evidence of innocence and the guilt of the person complained against.

He may proceed to the indictment people.

It may place the suspected person under the status of assisted witness.

He can seize the liberty and detention judge an application for placement of the accused, under judicial review or pretrial detention.

Role of the Public Prosecutor in the Judicial Inquiry

The Public Prosecutor monitors the progress of the judicial inquiry.

His opinion is obligatory requested before certain decision.

It shall take the form of requisitions for any act useful in the discovery of the truth (letters rogatory, telephone tapping...)

FYI  

the president of the appeals court’s investigative chamber exercises control over the conduct of the judicial inquiry. It shall ensure that the investigating judge hearing the case hears it within a reasonable time.

Order investigative acts

The investigating judge is the director of investigation.

To search for evidence, they can:

  • Seize police or gendarmerie services byletters rogatory
  • Hearing the Respondents and Witnesses
  • Organize confrontations between the parties
  • Perform searches and carry out seizures (documents, computers, mobile phones...)
  • Request expertise (e.g. DNA analysis)
  • Request Implementation wiretapping and/or organize surveillance operations
  • Transport onsite, organize a reconstitution facts.

Indict

The investigating judge may indict a person suspected of having committed an offense, if there are serious or consistent indicia to him.

The public prosecutor may, at any time during the investigation, bring proceedings before the judge for new facts.

Indictment The investigating judge summons the person to notify him of these additional facts to his That's what we call it indictment the supplementary method.

The judge must place the person under the status of assisted witness indictment where the person complained against cannot be treated.

Issue warrants

The investigating judge may issue different mandates :

  • The search warrant is for the arrest by law enforcement authorities of a person accused, to place him in 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.

Request pretrial detention, judicial review, or an SRA

The examining magistrate may refer a request to the judge for freedom pretrial detention or judicial review.

Indictment The person can then be placed in pretrial detention 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. Indictment The person must then submit to of obligations (for example: not going to certain places, not meeting certain people).

The person may also be placed under house arrest under electronic surveillance.

The parties in the judicial inquiry are the accused, the assisted witness and the civil party.

The indicted is a person suspected of an offense and against which there are serious or consistent indications.

The assisted witness is one suspect to which there are indications that he is guilty.

The civil party is the self-esteemed person victim of a criminal offense and who wishes to obtain compensation for his loss.

FYI  

The witness and the respondent are not parties to the judicial inquiry. However, they may be heard at the request of the investigating judge.

The victim who has not filed a civil suit is not a party to the judicial inquiry.

Indictment The person, the witness assisted and the civil party have rights in the judicial inquiry.

Indictment Person

The indictment person has the right to be assisted by a lawyer.

She has access to the investigation file.

It may request, upon receipt of a summons to appear or to be heard, a copying parts of the file. They may also request a copy after their first appearance or hearing. Delivery must be made within the time limit 1 month as of the request.

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

It may ask the investigating judge to carry out certain acts (hearing, confrontation, transport to the scene, production of coins...).

The accused may request by request to the investigating chamber of the Court of Appeal, the annulment of certain acts.

Who shall I contact
Witness assisted

The assisted witness has the right to be assisted by a lawyer.

He has access to file.

It may ask the investigating judge to carry out acts (hearing, confrontation, transport to the scene, production of coins...).

The assisted witness may ask the cancelation of documents relating to proceedings (an interrogation report, a wiretap, a police custody...). This request is made by request addressed to the investigating chamber of the Court of Appeal.

He can appeal the order refusing an expert opinion.

Who shall I contact
Civil party

The victim may bring a civil action throughout the procedure.

By bringing a civil action, the victim becomes an official part in the procedure, which gives him a certain number of rights (request for documents, copy of the procedure...).

The civil party has access to the file. It may request a copy of the file as soon as it is established without waiting to be summoned by the judge, and throughout the procedure. The judge may oppose the application by order reasoned. Delivery must be made within the time limit 1 month as of the request.

It may ask the investigating judge to carry out acts (hearing, confrontation, transport to the scene, production of coins, etc.).

She can ask the cancelation of documents relating to proceedings (an interrogation report, a wiretap, a police custody...). This request is made by request addressed to the investigating chamber of the Court of Appeal:

Who shall I contact

The civil party may make call orders issued by the investigating judge. The call is made by a statement to the registrar of the investigating judge. It shall be signed by the Registrar and by the civil party or his lawyer.

The Investigative Chamber of the Court of Appeal examine the call. It may confirm or annul the decision of the investigating judge.

The investigative judge decides when the criminal investigation is completed.

He makes sure that his training is complete and regular.

The duration of the investigation depends on the seriousness of the facts and the necessary investigations.

At the end of the judicial inquiry, the investigating judge makes a decision called settlement order.

This order is notified to the parties.

They have the right to make a appeal.

Settlement order

The settlement order fence judicial inquiry and divestiture the investigating judge.

Based on the results of the investigation and the evidence gathered, the investigative judge makes a order ofnon-suit (no pursuit) or order for reference to the court of first instance.

Non-suit

The investigating judge shall make a dismissal order in the following cases:

  • Facts do not constitute a infringement
  • No Author is not identified
  • There is no sufficient chargesindictment , i.e. sufficient evidence, in respect of 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 an order for referral back to the competent court to try the offense.

  • If it is a contravention, the case shall be referred to the police court.
  • If it is a offense, the case shall be referred to the correctional court.
  • If it is a crime, the case shall be referred to the court of assize or criminal court.
  • If it is a crime 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 (signed) or by registered letter with acknowledgement of receipt.

Appeal against the order

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

The appeal period is 10 days.

The statement of appeal is made the registrar of the court which has given the decision (or at the prison registry 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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