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Verified 06 January 2026 - Public Service / Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice
One of a suspect is a decision of the investigating judge. This statute protects the accused by granting him rights that allow him to defend himself. The accused also has obligations to comply with. We present you the information to know.
The {circumflex over (a)} is a decision of the investigating judge in the context of a judicial information.
One suspected person of infringement and against which there are serious or consistent evidence may be done after being questioned by the investigating judge.
The accused shall be entitled to rights and is subject to obligations.
Most often, it is during police custody that the measure of protection of the suspect is discovered. THE OPJ shall inform the curator or the guardian.
If it is the examining magistrate who discovers the protective measure, it is from that moment that the particularities of the procedure apply. The judge must inform the curator or guardian and the guardianship judge of the proceedings against the protected adult. He informs him that the protected adult has been indicted, by registered letter or by any means, in case of emergency. The curator or guardian cannot be present during the interrogation.
The lawyer is mandatory at all stages of the judicial investigation.
The indictment, protected major, must be subject to a mandatory psychiatric expertise to assess criminal liability at the time of the facts. The investigating judge may decide to issue an order of non-criminal responsibility in the event of a mental disorder.
The investigating judge may be seized of a case by an indictment of the public prosecutor who decides whether it is necessary to open a judicial inquiry. The judge may also be seized by a complaint with the constitution of civil party.
The decision may be considered only after an examination by the investigating judge.
A suspected person may be brought before the investigating judge, in different emergency situations (police custody, arrest of a suspect on commission rogatory of the judge or in execution of an arrest warrant, to bring...). The public prosecutor or the investigating judge decides whether a person in police custody should be release from custody or in court.
If the detainee is transferred from the premises of the judicial police to the court, it is a deferral. In such cases, the detainee must be brought before the public prosecutor or the investigating judge, who decides on the legal action to be taken.
Outside emergency situations, the investigating judge may decide to summon the suspect for questioning.
Referral or summons to appear before the investigating judge
Two cases are possible:
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Deferral
At the end of a police custody, on public prosecutor or the examining magistrate decides whether the person should be released or brought before the court, for a possible sentence.
Summons
When the investigating judge does not act in an emergency, he sets a date and summons the suspect for questioning.
The convocation is done by registered letter or by judicial police officer (OPJ) or through the prison in case of detention of the suspect.
The summons is sent to the suspect, at a minimum 10 clear days before the interrogation and at most 2 months before.
The convocation shall indicate the date and the time, facts alleged and their legal qualificationand information that may not be considered until after questioning.
The suspect shall be informed of his right to choose a lawyer or to request the appointment of a public defender. Thereafter, if the suspect informs of the name of his lawyer, he is summoned at the latest 5 clear days before the interrogation.
FYI
The witness assisted may be indicted, without further questioning, by sending a registered letter.
Questioning by the investigating judge
The identity of a person by the investigating judge can only be done after a interrogation.
If the person has already been heard as witness assisted, we are talking about first interrogation. Otherwise, it's a first appearance examination (CPI).
The examining magistrate first ascertains the identity of the suspect and reminds him of the facts for which the investigation is envisaged.
If necessary, it shall inform the suspect interviewed of his or her right to interpreter and to the translation essential parts of the file.
When the suspect is questioned without lawyer, he shall be informed of his right to choose one or to request one court-appointed lawyer. Upon arrival at the judge's office, 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 keep quiet or make statements spontaneous or answer questions.. A lawyer must be present when the suspect consents to be questioned immediately.
FYI
An audiovisual recording of the interrogation is mandatory when it is a crime.
Decision of the investigating judge
Following the interrogation of the suspect and after the observations of his lawyer, the investigating judge makes his decision, according to the charges and evidence against him.
Two cases are possible:
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1st case: there is no
When the investigating judge decides not to indict the suspect, he must inform him that he has the rights of witness assisted.
2nd case: there is a
If there are any serious or consistent evidence regardless of whether the person may have participated in the alleged acts, the investigating judge may decide to indict the person being questioned.
In this case, the judge must inform the accused of the facts alleged against him, unless these facts remain strictly identical to those indicated at the beginning of the interrogation.
The judge must also inform the accused of his or her rights, in particular the right to request realization of investigative acts and the right to challenge the.
The judge must also inform the accused of the foreseeable duration completion of the procedure. This information gives the right to ask the judge to close the proceedings after the announced deadline.
The examining magistrate must ask the person for his personal address, unless he intends to ask for it. pretrial detention.
After the judge's decision, the minutes of interrogation shall be printed and signed by the investigating judge, the registrar, the person questioned and the interpreter if present.
The lawyer of the person receives a copy of the minutes by any means.
From the outset, the judge may take security measures in particular to ensure the presence of the person concerned during the investigation.
The investigating judge may take one of the following decisions:
- Set up a judicial review
- Set up a house arrest with electronic surveillance
- Seize the Judge of Liberties and Detention (JLD) to request the pretrial detention.
Warning
If the person {circumflex over (a)} is not pretrial detentionshe, shall inform the judge of any change of address by registered letter with acknowledgement of receipt or by declaration to the judge. She is informed that any information made at her last declared address will be deemed made to her person.
The person {circumflex over (a)} can be assisted by one or more lawyers throughout the training. Summonses are addressed to only one of them (the 1er designated or designated by the accused).
She can access and request a copy of the procedure. If necessary, she can ask for the translation of essential parts in a language she understands.
After the first appearance, the defendant's lawyer may obtain a copy of the documents and documents in the case. The issue of this copy must be made in the delay of 1 month. If the file has been scanned, this copy shall be returned in scanned form.
If the accused does not have a lawyer, he or she may make a request for a copy. In this case, he must certify in writing that he has read the legal provisions.
If the copy is requested by a lawyer, the lawyer may transmit a copy to the accused, provided that the latter first provides him with this attestation. The lawyer must also have informed the judge of the list of documents he wishes to give to his client. The judge may object to the surrender.
The person {circumflex over (a)} can make comments.
It may also ask the judge to any investigative act that would establish the truth.
In particular, it may request the following:
- New interrogation
- Hearing of a witness or civil party
- Confrontation
- Transport on the premises
- Production of documents useful for judicial information.
The person may request that the interrogations and transport to the premises be carried out in the presence of his lawyer.
If the investigating judge refuses to perform an act, it must notify its decision by prescription within a time limit of 1 month. This decision may be challenged by a call. The appeal must be made on the spot at the court to the clerk of the investigating judge or from the place of detention for the accused detained.
The person has also the right to raise the nullity of the proceedings, by challenging acts carried out.
FYI
In a criminal case, all interrogations are subject to an audiovisual recording. Recordings can only be consulted in the event of a challenge to the statements made. They are destroyed 5 years after the end of the public action (prescription, sentencing judgment ...).
If the accused considers that there is more serious or consistent evidence against him (for example, if a witness retracts), he can ask to change from the status of indicted to that of assisted witness.
The person or his lawyer may make the request by a statement made to the Registrar of the Investigating Judge or by registered letter with acknowledgement of receipt.
If the person {circumflex over (a)} is detained, the request may be made by declaration to the head of the penal institution.
The request may be made upon notification and within 10 days of this notification of. It may also be made as soon as 6 months after is elapsed, then every 6 months.
It can also be done in the 10 days after an interrogation or notification an expertise.
If the judge accepts the request, the person becomes witness assisted. If she is detained, she must be released.
If the examining magistrate refuses the request, he shall issue a decision showing that there are serious or consistent indications that the person remains under indictment.
The rules change depending on whether the challenge is for lack of serious or consistent evidence or for procedural error:
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Dispute for lack of serious or consistent evidence
The suspect may challenge its in the 6 months of his first appearance for absence of serious or consistent evidence against her.
She or her lawyer must write a query a declaration of invalidity which explains the reasons for its application.
The query a declaration of invalidity must be made to investigation chamber of the court of appeal on which the judicial tribunal responsible for the case depends.
The accused or his lawyer must file the application by making a statement at the Registry of the Investigative Chamber. If the person is detained, the request may be made by means of a declaration to the head of the prison.
If the accused or his lawyer does not reside within the jurisdiction of the Court of Appeal, the statement may be made by means of a registered letter with a request for acknowledgement of receipt.
If the application is granted, the person is considered witness assisted from the time of his first-appearance examination.
Challenge for procedural error
If the accused considers that a procedural error has been committed, it can request the cancelation of this measure.
This challenge must be made in the 6 months after the interrogation that led to the and must be about form. For example, if the lawyer has not been summoned within the time required by law.
The request for cancelation is made by query in invalidity before the investigation chamber of the court of appeal on which the judicial tribunal responsible for the case depends.
The accused or his lawyer must file the application by making a statement at the Registry of the Investigative Chamber. If the person is detained, the request may be made by means of a declaration to the head of the prison.
If the accused or his lawyer does not reside within the jurisdiction of the Court of Appeal, the statement may be made by means of a registered letter with a request for acknowledgement of receipt.
If the investigating chamber decides on a cancelation, it must specify whether the cancelation concerns other acts or documents of the proceedings.
During the examination at first appearance, the examining magistrate shall indicate a foreseeable completion time from judicial information.
The judge may specify the time limit set by law:
- 1 year for a case tortious
- 18 months for a case criminal.
The judge may indicate a shorter time limit than that fixed by law.
The information given by the judge gives the accused the right to request the closure of the proceedings after the announced deadline. If the judge refuses the request, he takes a prescription detailing the reasons for the refusal. The person may reformulate this request every 6 months.
Where the examining magistrate decides that judicial information is over, he takes a settlement order, this is the last act of the judge in the case.
The investigating judge is obliged to rule on all the facts brought before him by the public prosecutor or by the complaint lodged by a civil party. It does not rule on the guilt of the accused, it decides whether there is evidence against the accused.
If the judge considers that the charges against the person {circumflex over (x)} are not sufficient, he may decide to prescription from dismissal. In this case, the person {circumflex over (a)} is not tried by a court of trial.
If he considers that there are sufficient charges against the person, he may decide to prescription of referral before a court of trial. The person becomes defendant or defendant and must be judged.
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