Witness assisted
Verified 30 September 2024 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice
A witness who is assisted is a possible legal status for an accused person in a judicial inquiry. It's an intermediate status between that of the witness and that of the accused. We present you with the information you need to know.
The witness assisted is a person questioning in one judicial inquiryindictment , which the investigating judge did not take
The judge shall grant the suspect the status of witness when the conditions for his indictment are not reunited.
The witness assisted shall be the suspect in respect of whom indications make it likely that he was able to participate in the the offense.
In the case of the suspect under investigation, the signs must be serious or consistent.
Please note
The witness being assisted should not be confused with the witness. The witness is not under suspicion.
In order for a person to be placed under the status of an assisted witness, judicial inquiry be in progress.
A person may be granted assisted witness status in the following situations:
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Accused person in a prosecutor's indictment
The person is designated in a prosecution by the public prosecutor as a potential perpetrator of one or more offenses.
Most often, the investigative judge conducts an examination at first appearance, at the end of which the defendant may be placed under the status of an assisted witness.
The person involved may be in one of the following situations:
- The accused person is summoned before the judge indictment for questioning at first appearance with a view to
- The accused person is presented to the judge after his detention indictment for initial questioning with a view to his
In these two situations, the person is not heard as an assisted witness, but as an accused.
As such, the person enjoys the rights granted to the suspect in the course of an interrogation at first appearance. These rights are quite similar to those of the assisted witness.
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 inform the suspect interviewed of his right to an interpreter and to the translation of the essential documents in the file.
When the suspect interviewed is without a lawyer, he is informed of his right to choose one or to request a lawyer appointed by the court. 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 himor shut up.
It's justat the end of the examination that the investigating judge shall notify the respondent that he is entitled to now the status of an assisted witness and consequently the rights granted to the witness assisted.
Indictment Less commonly, the judge may summon the respondent directly as an assisted witness if he or she does not contemplate his or her disposition.
The investigating judge may, by sending a registered letter, make know to a person that he will be heard as an assisted witness.
In this case, the person summoned shall be directly considered to be an assisted witness. That's not the case when the person is called in for initial questioning.
The summons shall indicate to the witness assisted that he has the right to remain silent and to be assisted by a lawyer.
The name of the lawyer chosen or the request for the appointment of a lawyer ex officio must be communicated to the registrar of the investigating judge.
At the first hearing, the examining magistrate shall establish the identity of the witness assisted and inform him of the opening statement. He must also inform him of his right to to make statements, of to answer questions put to him or shut up.
Person designated by a victim
Without being named in a prosecutor's indictment, the person may be implicated by a victim either in a complaint, in a civil party complaint, or in a hearing.
A person may be targeted in a complaint, a civil party claim or a hearing of the victim (without complaint) without being named in a prosecutor's indictment.
In this case, it can be summoned by the judge in order to heard either as an assisted witness or as a mere witness.
However, if the accused person requests to be heard as an assisted witness, the investigating judge must hear the accused person under this status.
FYI
The person being interviewed as an assisted witness shall then enjoy the rights attaching to that status, such as the right to remain silent. That's not the case with the witness.
The summons of the assisted witness shall be addressed by registered letter.
The summons shall indicate to the witness assisted that he has the right to remain silent and to be assisted by a lawyer.
The name of the lawyer chosen or the request for the appointment of a lawyer ex officio must be communicated to the registrar of the investigating judge.
During the first hearing, the examining magistrate shall establish the identity of the witness assisted and him give notice of the complaint or of the complaint which refers to it. The judge shall inform the witness assisted of his right to to make statements, of to answer questions put to him or shut up.
Person solely implicated by a witness
The person is only implicated by a witness without being implicated in a prosecutor's indictment or by a victim.
A person accused by a witness, without being named in a prosecutor's indictment or by a victim, may be summoned to be heard by the judge as an assisted witness.
Please note
The investigating judge may also decide to hear the person as a mere witness.
The summons is addressed by registered letter.
The summons shall indicate to the witness assisted that he has the right to remain silent and to be assisted by a lawyer.
The name of the lawyer chosen or the request for the appointment of a lawyer ex officio must be communicated to the registrar of the investigating judge.
During the first hearing, the examining magistrate shall establish the identity of the witness assisted and him give knowledge of the evidence which designates him. The judge must also inform the witness assisted by his or her right of to make statements, of to answer questions put to him or shut up.
Person against whom there is evidence
There are indications that the person may have participated in the offense without being called into question by the prosecutor, the victim or a witness.
The person against whom it exists there are indications that she may have participated in the infringement may be heard as an assisted witness. It is not necessary for her to be designated by the prosecutor, a victim or a witness in order to have assisted witness status.
Please note
The investigating judge may also decide to hear the person as a mere witness.
The summons is addressed by registered letter.
The summons shall indicate to the witness assisted that he has the right to remain silent and to be assisted by a lawyer.
The name of the lawyer chosen or the request for the appointment of a lawyer ex officio must be communicated to the registrar of the investigating judge.
During the first hearing, the examining magistrate must establish the identity of the witness assisted.
He must also inform the witness assisted of his right of to make statements, of to answer questions put to him or shut up.
Witness assisted | Charged | Witness | |
|---|---|---|---|
Right to legal assistance | Yes | Yes | No |
Right to an interpreter | Yes | Yes | Yes |
Right to request the translation of the essential documents in the file | Yes | Yes | No |
Right of access to the file | Yes (lawyer) | Yes (lawyer) | No |
Right to remain silent | Yes | Yes | No |
Right to receive notification of expert opinions | Yes | Yes | No |
Right to request additional or counter-expertise | 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 the closure of the judicial inquiry | Yes | Yes | No |
FYI
Unlike the indictee and the assisted witness, the witness takes the oath.
At the end of the first appearance, the assisted witness must to declare his personal address.
The assisted witness shall report to the judge until the end of the judicial inquiry, s statement at the registry or by registered letter with notice of receipt, any change of address.
Warning
Any notification made at the last address declared is valid, even if it is no longer the correct address. The judge may issue search warrants, appearance, to bring or stop device in respect of the witness being assisted.
Unlike an indictee, an assisted witness cannot be placed in pretrial detention, under judicial review, or under electronic bracelet.
Yes, the witness may be charged either on the initiative of the investigating judge or on his own request.
Indictment by decision of the investigating judge
The witness assisted, which has already been heard by the judgeindictment , can be that there are serious or consistent indications against him during the investigation.
By appearance before the judge
The judge may arrange a questioning of the assisted witness in order to bring him under investigation.
The witness assisted shall be called in for this interrogation.
The witness's lawyer must receive the summons at least 5 working days before the interrogation.
The witness assisted may waive the presence of his lawyer during questioning.
At the end of the examination, the judge must inform the person of the rights attached to the status of indictee.
By registered letter
The witness assisted may be informed by registered letter that he is under investigation.
In this letter, the judge shall inform the defendant of the alleged offense and of his rights (e.g. request actions).
This indictment by post may take place at the same time as the sending of the notice of termination of information, i.e. the document by which the investigating judge informs that he has completed his investigation.
In this case, the accused then has a period of 1 month if he is in detention or 3 months in other cases to request additional acts (questioning, expertise ...).
During that period, he may also submit a request annulment of an act or document of the proceedings.
FYI
The person is also informed that, if he or she requests to be heard again, the investigating judge must examine him or her.
Indictment at the request of the assisted witness
At any time during the procedure, the assisted witness may ask to be indicted.
He may make such a request at his hearing or by registered letter with notice of receipt sent to the investigating judge.
Indictment The person shall be considered to be a person and shall enjoy all the rights of defense from the time of his application or from the time of sending the registered letter with notice of receipt.
Indictment If the person that there is no longer any serious or consistent evidence against it, it may ask the investigating judge to grant him the status of an assisted witness instead of indictment.
This request may be made at the earliest opportunity indictment 6 months after.
This request may also be made in 10 days after notification an expert's report or an examination in which the person is questioned about the returns from the investigation.
The request shall be made by the defendant or his lawyer by a statement to the registrar of the investigating judge or by registered letter with notice of receipt.
Indictment If the person is detained, the request may also be made by means of a statement to the head of the penal institution.
If the investigating judge grants the request, he informs the person that he or she has the status of an assisted witness. If the person is detained, the judge orders their release.
Indictment If the investigating judge considers that the person should remain, he or she shall make a ordinance in which it justifies its decision by demonstrating the existence of serious or consistent evidence.
FYI
Indictment The person may also request the cancelation of his or her treatment within 6 months of his or her first appearance for lack of serious or consistent evidence against him or her. The request for annulment must be addressed to the investigating chamber of the Court of Appeal on which the court responsible for the case depends.
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