Indictment

Verified 04 January 2023 - 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.

A suspected person 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, then we are talking aboutexamination at 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

The public prosecutor's office may refer a suspect directly in a criminal case to the investigating judge, at the end of his detention, for him to be indicted.

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 summons state the facts for which the suspect is implicated, the date and time of the 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 an interpreter and to translation of the essential documents of the case.

When the suspect interviewed is without a lawyer, he is 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.

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Indictment No to

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

Indictment

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 are identical to those already brought to his attention at the beginning of the interrogation.

Indictment The judge must also inform the defendant of his rights, including the right to request investigative acts and the right to challenge the prosecution.

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

Unless he's considering placing the suspect in pretrial detentionindictment , the investigating judge must ask the person for his or her personal address.

After announcing its decision, the report which describes the entire process of the examination is edited by the clerk. It shall be signed by the person complained against, the investigating judge and the registrar.

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 five years after the end of the criminal proceedings.

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.

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.

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

Who shall I contact

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

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

The investigating judge shall inform the defendant of the length of time he considers necessary for the investigation. Indictment The end of the criminal investigation.

Duration

During questioning at first appearance, the investigative judge indicates a foreseeable time frame for completion of the judicial 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 to explain why. Indictment The person taking the action will be able to reformulate the request every 6 months.

Finite

Indictment If the criminal investigation is completed and the person is still being investigated, the person may be dispatched in court to be tried.

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 not tried by the court.

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