Requisitoires Prosecution Indictment Info & Arguments
LexInter | September 17, 2019 | 0 Comments

Requisitoires: Prosecution Indictment Info & Arguments

The Initial Indictment

Crime and flagrant offense and arguments to open information

( Articles 80 et seq. Of the Code of Civil Procedure)

Introductory Information from the public prosecutor

The examining magistrate can only inform by virtue of an indictment from the public prosecutor.

 The indictment can be taken against a named or unnamed person.

Additional Information of the public prosecutor

When facts, not referred to in the indictment, are brought to the attention of the examining magistrate, the latter must immediately communicate to the public prosecutor the complaints or the minutes which record them. The public prosecutor can then either request from the investigating judge, by supplementary indictment, that he informs about these new facts, or request the opening of separate information, or seize the trial court, or order an investigation. , either decide on a discontinuance or to proceed with one of the measures provided for in Articles 41-1 to 41-3, or to transmit the complaints or the reports to the territorially competent public prosecutor.

Complaint and  of the public prosecutor

In the event of a complaint with the constitution of civil party, the examining magistrate orders communication of the complaint to the public prosecutor so that this magistrate takes his information.
The indictment can be taken against a named or unnamed person.
When the complaint is not sufficiently motivated or justified, the public prosecutor may, before making his argument and if this has not been done ex officio by the examining magistrate, ask this magistrate to ” hear the civil party and, if necessary, invite the latter to produce any useful document in support of his complaint.
The public prosecutor can only seize the examining magistrate with arguments not to inform if, for causes affecting public action itself, the facts cannot legally lead to a prosecution or if, assuming these facts have been demonstrated, they cannot admit any criminal qualification. The public prosecutor can also take requisitions for dismissal in the event that it is clearly established, if necessary in view of the investigations which may have been carried out following the filing of the complaint or in application of the third paragraph, that the acts denounced by the civil party were not committed. In the event that the examining magistrate overrides, he must rule by a reasoned order.
When the investigating judge issues an order refusing to inform, he may apply the provisions of Articles 177-2 and 177-3.

However, when new facts are reported to the investigating judge by the civil party in the process of information is made under the provisions of the preceding paragraph.

   II. – In criminal matters, as well as when he requires a cosaisine, the public prosecutor at the high court in which there is no investigation unit is competent to request the opening of a information before the magistrates of the center with territorial jurisdiction for offenses falling within its jurisdiction in application of article 43, including by bringing the persons concerned before them.

In the cases provided for in the first paragraph, the introductory indictment can also be taken by the public prosecutor at the high court in which the department is located, which is for this purpose territorially competent over the entire area of ​​jurisdiction. of this pole, including to direct and control the investigations of the judicial police.
The public prosecutor at this grand tribunal instance has sole jurisdiction to monitor the progress of the information referred to in the previous paragraphs until their settlement.

In the event of referral to the trial court, the case is referred, as the case may be, to the local court, the police court, the criminal court, the children’s court or the assize court initially competent.

III. – If the public prosecutor near the grand tribunal instance in which there is an investigation unit finds that a person is referred to him for the opening of an investigation in application of the second paragraph of II and that he considers that no information falling within the competence of the pole should be opened, he can, before transmitting the file of the procedure to the territorially competent public prosecutor, request the placement under judicial control or in pre-trial detention of the person in accordance with the procedures provided for in the third paragraph of article 394 and article 396.

If the person is placed in pre-trial detention, it must appear before the territorially competent public prosecutor no later than the third following working day. Otherwise, she is automatically released.

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