Hearing of witnesses during a criminal investigation

Summons by a judicial police officer (OPJ)

In case offlagrante investigation, theOPJ who makes the initial findings may detain the persons present on the spot for immediate hearing.

In case ofpreliminary investigationsummoning by the police or gendarmerie can be done by any means (telephone call, mail...).)

Summons by an investigating judge

During thejudicial information, (orstatement), the examining magistrate summons the witness by simple letter or registered letter.

The examining magistrate may also summon the witness by citation. In this case, the summons is delivered to the witness by a commissioner of justice, a policeman or a gendarme.

Appearance without summons

The prior summoning of a witness may sometimes pose risks to the smooth conduct of the investigation (e.g. risk of pressure on the witness or his family).

In this case, the public prosecutor may authorize the appearance without summons. These are the law enforcement (police or gendarme) who will pick up the witness, anywhere, to be heard.

A witness may also make themselves known spontaneously to be heard by an OPJ or an investigating judge.

Attend on the date of the summons

The witness right obligatory present themselves at the date and place of the summons.

If the witness has impediment for a legitimate reason (sickness, business travel...) to appear at the OPJ convocation, he can request a postponement. The OPJ may refuse to postpone the hearing.

If the witness refuses to appear when summoned by the OPJ or the investigating judge, the police or gendarmerie may pick him up, with the authorization of the public prosecutor.

It may happen that the investigating judge moves, with the clerk, to hear a witness who cannot travel.

Take an oath and answer the questions of the investigating judge

In case ofhearing by the investigating judge or as part of a letter rogatory, the witness must lend oath required.

To take an oath is to commit to tell the truth, the whole truth, nothing but the truth.

Some persons are exempt from taking oaths (minors under 16 years of age, some parents and allies, husband...). and wife

The witness must also answer questions by the examining magistrate.

Right to interpreter

If the witness does not understand French, the investigators and the investigating judge may ask an interpreter to assist them.

The interpreter takes an oath to assist the court in his honor and conscience, unless he is already sworn.

The interpreter also signs the minutes of hearing.

One deaf witness may be assisted by a sign language interpreter.

It is also possible to communicate with him by any other means (for example, in writing, if he can read and write).

Right to remain silent

During an OPJ hearing, the witness may remain silent and remain silent if he wishes.

Right to remain anonymous

The witness may have the right not to reveal the address of one's domicile on the authorization of the public prosecutor or the investigating judge.

He can declare the address of the police station or gendarmerie as a home. He can declare his business address, if he is summoned because of his profession.

In the case of criminal proceedings or criminal proceedings punishable by at least 3 years' imprisonment, the witness has the right to remain completely anonymous. The hearing of the witness must endanger his life, his physical integrity or that of his family and loved ones.

The request for anonymity is made by the public prosecutor or the investigating judge at the judge of liberties and detention (JLD).

The JLD may allow the witness to make statements without his or her identity appearing in the record.

The witness is called ‘control under X’.

In case of confrontation with the suspect, in order not to reveal the identity, the witness is heard by a remote listening system so that he is invisible and with an unidentifiable voice.

During an OPJ investigation

During the police or gendarmerie investigation, statements of a witness are collected by a OPJ.

The Judicial Police Officers (JPOs) may also take statements of the witness under the responsibility of an OPJ.

During the investigation by an investigating judge

As part of a judicial information, it's the investigating judge who hears the witness. During the hearing, he is assisted by the clerk.

The examining magistrate may also entrust the examination of the witness to an OPJ, by means of a letter rogatory to the police or gendarmerie. A letter rogatory may also be issued to another judge of the court or to an investigating judge of another court.

A letter rogatory allows a witness who lives far from the court or outside the department where the investigation is taking place to be heard.

Testimony before an OPJ

The OPJ questions the witness and takes note of his statements on a transcript of the hearing. He asked the witness to read his statements.

If the witness cannot read, the OPJ reads the minutes. The witness can add comments.

The minutes of the hearing are signed by OPJ and witness.

If the witness is unwilling or unable to sign, the OPJ shall indicate this on the minutes.

Testimony before an investigating judge

The examining magistrate shall direct the registrar to make statements by the witness in response to his questions. It is the minutes of the hearing that are printed.

The judge asks the witness to read the minutes and to sign them if he maintains his statements.

If the witness cannot readthe clerk shall read the minutes to him

In the presence of an interpreter, he reads the minutes to the witness.

Every page of the minutes is. signed by the judge, clerk and witness.

If the witness is unwilling or unable to sign, the clerk shall specify this in the minutes.