LexInter | January 4, 2017 | 0 Comments


The investigating judge is responsible for providing information.  His mission is to do “any act useful to the manifestation of the truth”. Its mission is to conduct an investigation. In order to carry out his mission, the investigating judge has very broad investigative powers.

He may not, on pain of nullity, participate in the judgment of criminal cases which he has heard in his capacity as investigating judge.
The examining magistrate exercises his functions at the seat of the tribunal de grande instance to which he belongs.
Appointment of investigating judges

The examining magistrates, chosen among the judges of the court, are appointed in the forms provided for the appointment of the magistrates of the seat.
If necessary, another judge may be temporarily entrusted, in the same manner, with the functions of investigating judge concurrently with the judges appointed as stated in the first paragraph. If the first president delegates a judge to the tribunal, he may also, under the same conditions, temporarily entrust the latter with the investigation by way of ordinance. If one of the investigating judges is absent, ill or otherwise unable to attend, the tribunal de grande instance appoints one of the judges of this tribunal to replace him.

Information by the investigating judge

The examining magistrate can only inform after having been seized by an indictment of the public prosecutor or by a complaint with the constitution of civil party.

In the event of flagrant crimes or misdemeanors, he exercises the powers assigned to him by article 72.

The examining magistrate has, in the exercise of his functions, the right to directly request the public force.
Competence of the investigating judge

The investigating judge of the place of the offense, that of the residence of one of the persons suspected of having participated in the offense, that of the place of arrest of one of these persons, even when this The arrest was made for another cause and that of the place of detention of one of these persons, even when this detention is carried out for another cause.

Pole of instruction   

In some high courts, the investigating judges are grouped together in an investigation center.
The investigating judges making up an investigation unit are the only ones competent to hear information on crime. They remain competent in the event of requalification of facts during information or during the settlement thereof.
They are also the only ones competent to know the information giving rise to a cosisine in accordance with articles 83-1 and 83-2.
The list of courts in which there is an instruction pole and the territorial competence of the investigating judges who make it up are determined by decree. This jurisdiction may fall within the jurisdiction of several high courts. One or more investigating judges may be responsible, taking into account if necessary the specializations provided for in articles 704, 706-2, 706-17, 706-75-1 and 706-107, to coordinate the activity of investigating judges within the division, under conditions set by decree.

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