If a crime has been committed, this is a mandatory phase during which the examining magistrate himself engages in many aspects of the judicial investigation..

In lesser cases the prosecutor, requests that an examining magistrate order an investigation.

It is then that the examining magistrate delegates various sub-investigations to take place such as searches, interrogations, phone taps, etc.

The examining magistrate can decide do indict (‘mettre en examen’) a person against whom exist serious allegations, potential proof and concording evidence of a crime in the event being investigated.

At this time, the magistrate can ask a judge (juge des libertés et de la detention) to decide whether the accused will be provisionally arrested or put under judicial control.

The ‘instruction’ ends when the investigation is finished.

At this time the examining magistrate decides the consequences of the investigation.

  • If he considers the charge unfounded, he closes the cases.
  • If the charges warrant it, and depending of the seriousness of the facts, the examining magistrate will order the the accused to stand trial before the correctional tribunal (‘tribunal correctionel’) or to be indicted and judged ain criminal court (‘cour d’assises’).

The network’s lawyers play an essential part during the ‘instruction’ phase of the judicial process. They assist their clients during the first official questioning (‘interrogatoire de 1ère comparution’), interrogation following which the judge decides, or not, to indict them. They also are present to help during other interrogations and confrontations with other witnesses. It is at those times that the lawyers may request expert evaluations, counter-evaluations, confrontations and the presentation and examination of seized evidence.

  • Date 9 December 2016
  • Tags Criminal Law