APPEAL FROM THE DECISIONS OF THE COURT OF ASSISES RENDERED IN FIRST CASE
LexInter | July 19, 2003 | 0 Comments

APPEAL FROM THE DECISIONS OF THE COURT OF ASSISES RENDERED IN FIRST CASE

Article 80

(Law nº 93-2 of January 4, 1993 art. 22 Official Journal of January 5, 1993 in force on March 1, 1993)
(Law nº 93-1013 of August 24, 1993 art. 7 Official Journal of August 25, 1993 in force on September 2, 1993)
(Law n ° 99-515 of June 23, 1999 art. 14 Official Journal of June 24, 1999)
(Law nº 2007-291 of March 5, 2007 art. 6 II Official Journal of March 6, 2007)

I.  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.
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 a 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.
In the event of a complaint with the constitution of a civil party, the procedure is as stated in article 86. However, when new facts are denounced to the examining magistrate by the civil party during the investigation, it is applied. of 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 tribunal de grande 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 tribunal de grande 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.

Article 80

(Law nº 93-2 of January 4, 1993 art. 22 Official Journal of January 5, 1993 in force on March 1, 1993)
(Law nº 93-1013 of August 24, 1993 art. 7 Official Journal of August 25, 1993 in force on September 2, 1993)
(Law n ° 99-515 of June 23, 1999 art. 14 Official Journal of June 24, 1999)
(Law nº 2007-291 of March 5, 2007 art. 6 II Official Journal of March 6, 2007)
(Law n ° 2007-291 of March 5, 2007 art. 30 II Official Journal of March 6, 2007 in force on January 1, 2010)

I. 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.
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 a 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.
In the event of a complaint with the constitution of a civil party, the procedure is as stated in article 86. However, when new facts are denounced to the examining magistrate by the civil party during the investigation, it is applied. of the provisions of the preceding paragraph.

II. – The public prosecutor at the tribunal de grande instance in which there is no investigation pole is competent to request the opening of an information before the magistrates of the center with territorial jurisdiction for offenses falling under its jurisdiction under 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 tribunal de grande 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 tribunal de grande 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.


 

V ° EXAMINATION

Article 80-1

(Law nº 93-2 of January 4, 1993 art. 23 Official Journal of January 5, 1993 in force on March 1, 1993)
(Law nº 93-1013 of August 24, 1993 art. 7 Official Journal of August 25, 1993 in force on September 2, 1993)
(Law n ° 2000-516 of June 15, 2000 art. 19 Official Journal of June 16, 2000 in force on January 1, 2001)

Under penalty of nullity, the examining magistrate can only indict persons against whom there are serious or concordant evidence making it likely that they may have participated, as perpetrator or as an accomplice, in the commission of the offenses. of which it is seized.
He may only proceed with this indictment after having heard the person’s observations beforehand or having enabled him to make them, with the assistance of his lawyer, or under the conditions provided for by article 116 relating to the first appearance examination, or as an assisted witness in accordance with the provisions of Articles 113-1 to 113-8.
The examining magistrate can only proceed with the indictment of the person if he considers that he cannot have recourse to the assisted witness procedure.

Article 80-1

(Law nº 93-2 of January 4, 1993 art. 23 Official Journal of January 5, 1993 in force on March 1, 1993)
(Law nº 93-1013 of August 24, 1993 art. 7 Official Journal of August 25, 1993 in force on September 2, 1993)
(Law n ° 2000-516 of June 15, 2000 art. 19 Official Journal of June 16, 2000 in force on January 1, 2001)
(Law n ° 2007-291 of March 5, 2007 art. 2 I Official Journal of March 6, 2007 in force on January 1, 2010)

Under penalty of nullity, the college of instruction can only indict persons against whom there are serious or concordant evidence making it likely that they may have participated, as perpetrator or as accomplice, in the commission of offenses before it.
He may only proceed with this indictment after having heard the person’s observations beforehand or having enabled him to make them, with the assistance of his lawyer, or under the conditions provided for by article 116 relating to the first appearance examination, or as an assisted witness in accordance with the provisions of Articles 113-1 to 113-8.
The instruction college can only proceed with the indictment of the person if it considers that it cannot have recourse to the assisted witness procedure.


Article 80-1-1

(inserted by Law n ° 2007-291 of March 5, 2007 art. 17 I Official Journal of March 6, 2007 in force on July 1, 2007)

Without prejudice to his right to request the annulment of the indictment within six months of his first appearance, in accordance with articles 173, 173-1 and 174-1, the indicted person may during the information, in accordance with the terms provided for in the penultimate paragraph of Article 81, ask the examining magistrate to reconsider his decision and grant him the status of assisted witness if he considers that the conditions provided for by the first and third paragraphs of article 80-1 are no longer met.
This request can be made after a period of six months after the indictment and every six months thereafter.
This request can also be made within ten days of the notification of an expert report or an interrogation during which the person is heard on the results of a letter rogatory or on the statements of the civil party, of a witness, an assisted witness or another charged person.
The examining magistrate decides on this request after having requested the requisitions from the public prosecutor.
If the examining magistrate grants the request, he informs the person that he has the status of assisted witness. If the person is detained, the judge orders his statutory release.
If the investigating judge considers that the person should remain indicted, he decides by reasoned order stating serious or concordant evidence justifying his decision.

Article 80-1-1

(Law n ° 2007-291 of March 5, 2007 art. 17 I Official Journal of March 6, 2007 in force on July 1, 2007)
(Law n ° 2007-291 of March 5, 2007 art. 2 I Official Journal of March 6, 2007 in force on January 1, 2010)

Without prejudice to his right to request the annulment of the indictment within six months of his first appearance, in accordance with articles 173, 173-1 and 174-1, the indicted person may during the information, in accordance with the terms provided for in the penultimate paragraph of article 81, ask the investigating panel to reconsider its decision and grant it the status of assisted witness if it considers that the conditions provided for by the first and third paragraphs of article 80-1 are no longer met.
This request can be made after a period of six months after the indictment and every six months thereafter.
This request can also be made within ten days of the notification of an expert report or an interrogation during which the person is heard on the results of a letter rogatory or on the statements of the civil party, of a witness, an assisted witness or another charged person.
The college of instruction decides on this request after having requested the requisitions of the public prosecutor.
If the instruction college grants the request, it informs the person that they have the status of assisted witness. If the person is detained, the judge orders his statutory release.
If the instruction college considers that the person should remain indicted, it decides by reasoned order stating serious or concordant evidence justifying its decision.


V ° FIRST APPEARANCE

Article 80-2

(Law nº 93-2 of January 4, 1993 art. 23 Official Journal of January 5, 1993 in force on March 1, 1993)
Law nº 93-1013 of August 24, 1993 art. 7 Official Journal of 25 August 1993 in force on 2 September 1993)
(Law n ° 2000-516 of June 15, 2000 art. 20 Official Journal of June 16, 2000 in force on January 1, 2001)
(Law n ° 2002-1138 of September 9, 2002 art. 39 Official Journal of September 10, 2002)

The examining magistrate may inform a person by registered letter that he has been summoned, within a period which may not be less than ten days or more than two months, so that his first appearance may be made under the conditions provided for by the item 116. This letter indicates the date and time of the convocation. It informs the person of each of the facts before this magistrate and for which the indictment is envisaged, while specifying their legal qualification. It informs the person that he has the right to choose a lawyer or to request that one be appointed to him ex officio, this choice or this request to be addressed to the clerk of the examining magistrate. It specifies that the indictment can only take place after the person’s first appearance before the examining magistrate.
The examining magistrate can also have this summons notified by a judicial police officer. This notification includes the information provided for in the previous paragraph; it is recorded in a report signed by the person who receives a copy.
The lawyer chosen or appointed is summoned under the conditions provided for in article 114; he has access to the proceedings file under the conditions provided for in this article.

 

Article 80-3

(Law nº 93-2 of January 4, 1993 art. 23 Official Journal of January 5, 1993 in force on March 1, 1993)
(Law nº 93-1013 of August 24, 1993 art. 7 Official Journal of August 25, 1993 in force on September 2, 1993)
(Law n ° 2000-516 of June 15, 2000 art. 109 Official Journal of June 16, 2000 in force on January 1, 2001)
(Law n ° 2004-204 of March 9, 2004 art. 89 Official Journal of March 10, 2004 in force on October 1, 2004)
   From the start of the information, the investigating judge must warn the victim of an offense of the opening of proceedings, of his right to institute civil proceedings and of the procedures for exercising this right. If the victim is a minor, the notice is given to their legal representatives.
The notice provided for in the previous paragraph indicates to the victim that he has the right, if he wishes to become a civil party, to be assisted by a lawyer whom he may choose or who, at his request, will be appointed. by the president of the Bar Association, specifying that the costs will be borne by her, unless she meets the conditions for access to legal aid or if she has legal protection insurance. When the investigating judge is informed by the victim that he is a civil party and that he requests the appointment of a lawyer, he immediately informs the president of the bar association.

Article 80-4

(inserted by Law n ° 2002-1138 of September 9, 2002 art. 66 Official Journal of September 10, 2002)

During the investigation of the information for the causes of death or the causes of a disappearance mentioned in articles 74 and 74-1, the examining magistrate proceeds in accordance with the provisions of Chapter I of Title III of Book I. Interceptions of correspondence sent by telecommunications are carried out under its authority and control under the conditions provided for in the second paragraph of article 100 and in articles 100-1 to 100-7. Interceptions cannot exceed a renewable period of two months.
Members of the family or close friends of the deceased or missing person may become a civil party as an incident. However, in the event of discovery of the missing person, the address of the latter and the documents allowing to have directly or indirectly knowledge of this address can only be communicated to the civil party with the consent of the person concerned. ‘it is an adult and only with the agreement of the examining magistrate if it is a minor or a protected adult.

V ° INFORMATION ACTS

Article 81

(ordinance n ° 58-1296 of December 23, 1958 Official Journal of December 24, 1958 in force on March 2, 1959)
(ordinance nº 60-529 of June 4, 1960 art. 2 Official Journal of June 8, 1960)
(law n ° 83-466 of June 10, 1983 art. 28 Official Journal of June 11, 1983)
(Law n ° 84-576 of July 9, 1984 art. 18 and art. 19 Official Journal of July 10, 1984 in force on January 1, 1985)
(Law n ° 89-461 of July 6, 1989 art. 1 Official Journal of July 8, 1989 in force on December 1, 1989)
(Law n ° 93-2 of January 4, 1993, art. 24 and 224 Official Journal of January 5, 1993 in force on March 1, 1993)
(Law nº 93-1013 of August 24, 1993 art. 6 Official Journal of August 25, 1993 in force on September 2, 1993)
(Law n ° 2000-516 of June 15, 2000 art. 2 Official Journal of June 16, 2000)
(Law n ° 2000-516 of June 15, 2000, art. 50 and 83 Official Journal of June 16, 2000 in force on January 1, 2001)

The investigating judge proceeds, in accordance with the law, to all acts of information which he considers useful for the manifestation of the truth. He instructs on charge and on discharge.
A copy of these acts as well as of all the documents of the procedure is drawn up; each copy is certified true by the clerk or the appointed judicial police officer mentioned in paragraph 4. All the documents in the file are marked by the clerk as they are drafted or received by the judge. instruction.
However, if the copies can be made by photographic or similar processes, they are made on the occasion of the transmission of the file. As many copies are then established as are necessary for the administration of justice. The clerk certifies the conformity of the file reproduced with the original file. If the temporary relinquishment is due to the exercise of a remedy, the establishment of the copies must be carried out immediately so that in any case the preparation of the case provided for in Article 194 is not delayed.
If the investigating judge is unable to carry out all the investigative acts himself, he may issue letters rogatory to the judicial police officers in order to have them carry out all the necessary information acts under the conditions and subject to the reservations provided for in Articles 151 and 152.
The examining magistrate must verify the information thus collected.
The examining magistrate proceeds or causes to be carried out, either by officers of the judicial police, in accordance with paragraph 4, or by any person empowered under conditions determined by decree of the Council of State, to an inquiry into the personality of persons. indicted, as well as their material, family or social situation. However, in matters of misdemeanor, this investigation is optional.
The examining magistrate may also appoint, depending on the case, the penitentiary service for integration and probation, the competent service for the judicial protection of young people or any association authorized in application of the preceding paragraph for the purpose of verify the material, family and social situation of an indicted person and inform him of the measures to promote the social integration of the person concerned. Unless they have already been prescribed by the public prosecutor, these procedures must be prescribed by the examining magistrate whenever
The examining magistrate can order a medical examination, a psychological examination or order all useful measures.
If a party receives a written and reasoned request for one of the examinations or any other useful measures provided for in the preceding paragraph to be carried out, the examining magistrate must, if he does not intend to grant it, issue a reasoned order no later than one month from receipt of the request.

The request mentioned in the previous paragraph must be declared to the clerk of the examining magistrate seized of the file. It is noted and dated by the clerk who signs it as well as the applicant or his lawyer. If the applicant cannot sign, this is mentioned by the clerk. When the applicant or his lawyer does not reside within the jurisdiction of the competent court, the declaration to the clerk can be made by means of a registered letter with acknowledgment of receipt. When the Charged Person is detained, the request can also be made by means of a declaration to the head of the penitentiary establishment. This declaration is noted and dated by the head of the penitentiary establishment who signs it, as well as the applicant. If the latter cannot sign, it is mentioned by the head of the establishment. This document is sent without delay, in original or copy and by any means, to the clerk of the examining magistrate.
If the investigating judge fails to rule within one month, the party may directly appeal to the president of the investigating chamber, who rules and proceeds in accordance with the third, fourth and fifth paragraphs of article 186-1.

Article 81-1

(Law nº 85-1303 of December 10, 1985 art. 7 and art. 42 Official Journal of December 11, 1985 in force on March 1, 1988)
(Law nº 87-1062 of December 30, 1987 art. 23 Official Journal of December 31, 1987)
(Law n ° 2000-516 of June 15, 2000 art. 101 Official Journal of June 16, 2000)

The examining magistrate may, of his own motion, at the request of the public prosecutor’s office or at the request of the civil party, carry out, in accordance with the law, any act enabling him to assess the nature and extent of the damage suffered by the victim or to collect information about the victim’s personality.

Article 82

(Law n ° 85-1407 of December 30, 1985 art. 13 and art. 94 Official Journal of December 31, 1985 in force on February 1, 1986)
(Law n ° 93-2 of January 4, 1993 art. 233 Official Journal of January 5, 1993 in force on March 1, 1993)
(Law n ° 93-2 of January 4, 1993 art. 26 Official Journal of January 5, 1993 in force on January 1, 1994)
(Law nº 93-1013 of August 24, 1993 art. 16 Official Journal of August 25, 1993 in force on September 2, 1993)
(Law nº 96-1235 of December 30, 1996 art. 1 Official Journal of January 1, 1997 in force on March 31, 1997)
(Law n ° 2000-516 of June 15, 2000, art. 83 and 135 Official Journal of June 16, 2000 in force on January 1, 2001)
(Law n ° 2004-204 of March 9, 2004 art. 110 Official Journal of March 10, 2004)

In his introductory indictment, and at any time of information by supplementary indictment, the public prosecutor may request from the investigating magistrate any acts he deems useful for the manifestation of the truth and all necessary security measures. He may also ask to be present at the accomplishment of the acts he requires.
To this end, he may have the procedure communicated to him, provided that it is submitted within twenty-four hours.
If it requires the placement or maintenance in pre-trial detention of the charged person, his requisitions must be in writing and motivated by reference only to the provisions of article 144.
If the examining magistrate does not follow the requisitions of the public prosecutor, he must, without prejudice to the application of the provisions of article 137-4, issue a reasoned order within five days of these requisitions.
In the absence of an order from the investigating judge, the public prosecutor may, within ten days, directly refer the matter to the investigating chamber. It is the same if the judge of freedoms and detention, seized by the investigating judge, does not issue an order within ten days from the referral.

Article 82-1

(Law n ° 85-1303 of December 10, 1985 art. 8 and art. 42 Official Journal of December 11, 1985 in force on March 1, 1988)
(Law nº 87-1062 of December 30, 1987 art. 23 Official Journal of December 31, 1987)
(Law n ° 93-2 of January 4, 1993, art. 27 and 226 Official Journal of August 25, 1993 in force on March 1, 1993)
(Law nº 93-1013 of August 24, 1993 art. 8 Official Journal of August 25, 1993, corrigendum JORF July 26, 1994 in force on September 2, 1993)
(Law n ° 2000-516 of June 15, 2000 art. 21 Official Journal of June 16, 2000 in force on January 1, 2001)
(Law n ° 2000-1354 of December 30, 2000 art. 24 Official Journal of December 31, 2000 in force on January 1, 2001)

The parties may, during the investigation, submit to the examining magistrate a written and reasoned request for their hearing or their questioning, for the hearing of a witness, for a confrontation or transport to the scene, that one of them be ordered to produce a document useful for the information, or that all other acts be carried out which appear to them necessary for the manifestation of the truth. Under penalty of nullity, this request must be made in accordance with the provisions of the tenth paragraph of article 81; it must relate to specific acts and, when it concerns a hearing, specify the
The examining magistrate must, if he does not intend to grant it, issue a reasoned order no later than one month from receipt of the request. The provisions of the last paragraph of article 81 are applicable.
At the expiration of a period of four months since his last appearance, the charged person who makes the written request must be heard by the examining magistrate. The examining magistrate examines him within thirty days of receiving the request, which must be made in accordance with the provisions of the tenth paragraph of article 81.

Article 82-2

(inserted by Law n ° 2000-516 of June 15, 2000 art. 21 Official Journal of June 16, 2000 in force on January 1, 2001)

When the charged person submits to the examining magistrate, in application of the provisions of article 82-1, a request that this magistrate carry out a transport to the scene, to the hearing of a witness, a civil party or another indicted person, he may request that this act be carried out in the presence of his lawyer.
The civil party has the same right in the case of transport to the scene, the hearing of a witness or another civil party or the questioning of the person under examination.
The examining magistrate rules on these requests in accordance with the provisions of the second paragraph of article 82-1. If he grants the request, the examining magistrate summons the lawyer no later than two working days before the date of the transport, hearing or questioning, during which he can intervene. under the conditions provided for in Article 120.

Article 82-3

(Law n ° 2000-516 of June 15, 2000 art. 22 Official Journal of June 16, 2000 in force on January 1, 2001)
(Law n ° 2004-204 of March 9, 2004 art. 115 Official Journal of March 10, 2004)
   When the examining magistrate contests the merits of a request from the parties tending to record the prescription of the public action, he must issue a reasoned order within one month of receipt of the request. The provisions of the penultimate and last paragraphs of article 81 are applicable. 

Article 83

(Ordinance nº 58-1296 of December 23, 1958 art. 1 Official Journal of December 24, 1958 in force on March 2, 1959)
(Law n ° 89-146 of July 6, 1989 art. 8 Official Journal of July 8, 1989 in force on December 1, 1989)
(Law n ° 93-2 of January 4, 1993 art. 232 Official Journal of January 5, 1993 in force on March 1, 1993)
(Law nº 93-2 of January 4, 1993 art. 19 Official Journal of January 5, 1993 in force on January 1, 1994)
(Law nº 93-1013 of August 24, 1993 art. 35 Official Journal of August 25, 1993 in force on September 2, 1993)
(Law nº 94-89 of February 1, 1994 art. 17 Official Journal of February 2, 1994 in force on February 2, 1994)
(Law n ° 2000-516 of June 15, 2000 art. 132 Official Journal of June 16, 2000 in force on January 1, 2001)
(Law n ° 2004-204 of March 9, 2004 art. 113 Official Journal of March 10, 2004)

When there are several examining magistrates in a court, the president of the court or, in the event of impediment, the magistrate who replaces him, designates, for each information, the judge who will be in charge of it. He may establish a rotation table for this purpose.
When the gravity or the complexity of the case justifies it, the president of the court or, in the event of impediment, the magistrate who replaces him can add to the investigating judge in charge of the information one or more investigating judges who ” he designates, either as soon as the information is opened, or at the request or with the agreement of the judge in charge of the information, at any stage of the procedure.
The judge in charge of information coordinates the progress of the information; he alone has the power to appeal to the liberty and detention judge, to order compulsory release and to issue the settlement order.
The designations provided for in this article are measures of judicial administration that cannot be appealed against.

Article 83

(Ordinance nº 58-1296 of December 23, 1958 art. 1 Official Journal of December 24, 1958 in force on March 2, 1959)
(Law n ° 89-146 of July 6, 1989 art. 8 Official Journal of July 8, 1989 in force on December 1, 1989)
(Law n ° 93-2 of January 4, 1993 art. 232 Official Journal of January 5, 1993 in force on March 1, 1993)
(Law nº 93-2 of January 4, 1993 art. 19 Official Journal of January 5, 1993 in force on January 1, 1994)
(Law nº 93-1013 of August 24, 1993 art. 35 Official Journal of August 25, 1993 in force on September 2, 1993)
(Law nº 94-89 of February 1, 1994 art. 17 Official Journal of February 2, 1994 in force on February 2, 1994)
(Law n ° 2000-516 of June 15, 2000 art. 132 Official Journal of June 16, 2000 in force on January 1, 2001)
(Law n ° 2004-204 of March 9, 2004 art. 113 Official Journal of March 10, 2004)
(Law n ° 2007-291 of March 5, 2007 art. 7 I Official Journal of March 6, 2007 in force on March 1, 2008)

When there are several examining magistrates in a court, the president of the court or, in the event of impediment, the magistrate who replaces him, designates, for each information, the judge who will be in charge of it. He may establish a rotation table for this purpose.
The designations provided for in this article are measures of judicial administration that cannot be appealed against.

NOTE: Law 2007-291 of March 5, 2007 art. 30 III: Article 7 of this law comes into force on the date fixed by the decree provided for by article 52-1 of the Code of Criminal Procedure in its wording resulting from I of article 6 of this law, and no later than the first day of the twelfth month following the publication of this law.
However, until the date of entry into force of article 7, a decree taken in application of article 52-1 of the same code may establish poles of instruction in the jurisdictions of one or more courts. appeal or parts of these jurisdictions, by fixing in these jurisdictions the date of entry into force of article 6 of this law.
The investigating judges of the jurisdictions in which the poles are not established remain competent to continue until completion the information in progress on the date of establishment of the poles for facts of a criminal nature, without prejudice to the possibility of a divestiture if necessary in cosaisine.

Article 83

(Ordinance nº 58-1296 of December 23, 1958 art. 1 Official Journal of December 24, 1958 in force on March 2, 1959)
(Law n ° 89-146 of July 6, 1989 art. 8 Official Journal of July 8, 1989 in force on December 1, 1989)
(Law n ° 93-2 of January 4, 1993 art. 232 Official Journal of January 5, 1993 in force on March 1, 1993)
(Law nº 93-2 of January 4, 1993 art. 19 Official Journal of January 5, 1993 in force on January 1, 1994)
(Law nº 93-1013 of August 24, 1993 art. 35 Official Journal of August 25, 1993 in force on September 2, 1993)
(Law nº 94-89 of February 1, 1994 art. 17 Official Journal of February 2, 1994 in force on February 2, 1994)
(Law n ° 2000-516 of June 15, 2000 art. 132 Official Journal of June 16, 2000 in force on January 1, 2001)
(Law n ° 2004-204 of March 9, 2004 art. 113 Official Journal of March 10, 2004)
(Law n ° 2007-291 of March 5, 2007 art. 7 I Official Journal of March 6, 2007 in force on March 1, 2008)
(Law n ° 2007-291 of March 5, 2007 art. 1 Official Journal of March 6, 2007 in force on January 1, 2010)

The president of the court or, in the event of impediment, the magistrate who replaces him, appoints, for each information, a collegial formation of three investigating judges, including a magistrate of the first grade exercising the functions of coordinating judge. He may establish a rotation table for this purpose.
This college of instruction exercises the prerogatives entrusted to the examining magistrate by this code. The decisions of indictment, granting of the status of assisted witness to an indicted person, placing under judicial supervision, referral to the judge of freedoms and detention and compulsory release, as well as end of information notice, settlement and dismissal orders must be taken collegially. Other acts falling within the competence of the examining magistrate may be delegated to one of the examining magistrates composing the college.
The designations provided for in this article are measures of

Article 83-1

(inserted by Law nº 93-2 of January 4, 1993 art. 20 Official Journal of January 5, 1993)
   For the application of the second paragraph of article 83, when the court has one or two investigating judges, the first president of the court of appeal, at the request of the president of the court, or, in the event of impediment , the magistrate who replaces him, can add to the judge in charge of information one or more of the judges of his jurisdiction. 

Article 83-1

(Law n ° 93-2 of January 4, 1993 art. 20 Official Journal of January 5, 1993)
(Law n ° 2007-291 of March 5, 2007 art. 7 II Official Journal of March 6, 2007 in force on March 1, 2008)
(Repealed by Law n ° 2007-291 of March 5, 2007 art. 30 II Official Journal of March 6, 2007 in force on January 1, 2010)
   When the gravity or the complexity of the case justifies it, the information may be the subject of a co-referral according to the procedures provided for in this article.
The president of the district court in which there is an investigation unit or, in the event of impediment, the magistrate who replaces him appoints, as soon as the information is opened, ex officio or if the public prosecutor Republic requires in its introductory indictment, one or more investigating judges to be attached to the investigating judge in charge of information.
At any time during the procedure, the president of the tribunal de grande instance can appoint one or more investigating judges, either at the request of the judge in charge of information, or, if this judge gives his consent, ex officio or upon request. requisition of the public prosecutor’s office or at the request of the parties filed in accordance with the provisions of the penultimate paragraph of article 81. The parties cannot renew their request before six months. Within one month of receiving the request, the president designates one or more investigating judges to be attached to the judge in charge of information. For the purposes of this paragraph, when the information was opened in a court where there is no investigation pole, the president of the tribunal de grande instance where the territorially competent pole is located designates the investigating judge in charge of information as well as the or the Cossis examining magistrates, after the examining magistrate initially seized has relinquished jurisdiction in favor of the pole; this relinquishment takes effect on the date of appointment of the judges for the division. instruction initially seized relinquished in favor of the pole; this relinquishment takes effect on the date of appointment of the judges for the division. instruction initially seized relinquished in favor of the pole; this relinquishment takes effect on the date of appointment of the judges for the division.
When it is not ordered in accordance with the procedures provided for in the preceding paragraph, in the absence of agreement from the judge in charge of information or, failing that, appointment by the president of the tribunal de grande instance in the within one month, the cosaisine may be ordered by the president of the investigating chamber acting ex officio, at the request of the president of the court, at the request of the public prosecutor or at the request of the parties. The president shall rule within one month of receipt of the request which is filed in accordance with the penultimate paragraph of article 81 if it emanates from a party. When the information has been opened in a court where it is not there is no pole of the instruction, the president of the chamber of the instruction seizes the chamber of the instruction for the purposes of cosaisine. Within a period of one month from its referral, the chamber then decides either, if there is no reason to do so, to return the file to the examining magistrate, or, if this decision is essential for the manifestation of the truth and the proper administration of justice, to relinquish the jurisdiction of the examining magistrate and to appoint, for the purposes of continuing the proceedings, several examining magistrates.
The decisions of the president of the tribunal de grande instance, of the president of the investigative chamber and of the latter provided for by this article are measures of judicial administration which cannot be appealed against.
   NOTE: Law 2007-291 of March 5, 2007 art. 30 III: Article 7 of this law comes into force on the date fixed by the decree provided for by article 52-1 of the Code of Criminal Procedure in its wording resulting from I of article 6 of this law, and no later than the first day of the twelfth month following the publication of this law.
However, until the date of entry into force of article 7, a decree taken in application of article 52-1 of the same code may establish poles of instruction in the jurisdictions of one or more courts. appeal or parts of these jurisdictions, by fixing in these jurisdictions the date of entry into force of article 6 of this law.
The investigating judges of the jurisdictions in which the poles are not established remain competent to continue until completion the information in progress on the date of establishment of the poles for facts of a criminal nature, without prejudice to the possibility of a divestiture if necessary in cosaisine.

Article 83-2

(Law n ° 2007-291 of March 5, 2007 art. 7 III Official Journal of March 6, 2007 in force on March 1, 2008)
(Repealed by Law n ° 2007-291 of March 5, 2007 art. 30 II Official Journal of March 6, 2007 in force on January 1, 2010)

In the event of co-referral, the investigating judge in charge of information coordinates the conduct of the information. He alone has the power to seize the liberties and detention judge, to order automatic release and to issue the notice of end of information provided for by article 175 and the settlement order. However, this opinion and this ordinance may be co-signed by the Cossis investigating judge (s).

NOTE: Law 2007-291 of March 5, 2007 art. 30 III: Article 7 of this law comes into force on the date fixed by the decree provided for by article 52-1 of the Code of Criminal Procedure in its wording resulting from I of article 6 of this law, and no later than the first day of the twelfth month following the publication of this law.
However, until the date of entry into force of article 7, a decree taken in application of article 52-1 of the same code may establish poles of instruction in the jurisdictions of one or more courts. appeal or parts of these jurisdictions, by fixing in these jurisdictions the date of entry into force of article 6 of this law.
The investigating judges of the jurisdictions in which the poles are not established remain competent to continue until completion the information in progress on the date of establishment of the poles for facts of a criminal nature, without prejudice to the possibility of a divestiture if necessary in cosaisine.

Article 84

(Ordinance nº 58-1296 of December 23, 1958 art. 1 Official Journal of December 24, 1958 in force on March 2, 1959)
(Law n ° 85-1407 of December 30, 1985 art. 64 and art. 94 Official Journal of December 31, 1985 in force on February 1, 1986)
(Law n ° 93-2 of January 4, 1993 art. 21 Official Journal of January 5, 1993 in force on March 1, 1993)
(Law n ° 2004-204 of March 9, 2004 art. 114 Official Journal of March 10, 2004)
   Subject to the application of Articles 657 and 663, the relinquishment of the investigating judge in favor of another investigating judge may be requested from the president of the court, in the interest of the proper administration of justice, by reasoned request of the public prosecutor, acting either spontaneously or at the request of the parties.
The president of the tribunal must rule within eight days by an order which will not be subject to appeal.
If the information judge is unable to attend, as a result of leave, illness or for any other reason, as well as in the event of appointment to another post, the president appoints the judge.
However, in urgent cases and for isolated acts, any examining magistrate may deputize for another examining magistrate from the same court.
In the cases provided for by the second paragraph of article 83 and article 83-1, the designated judge or, if there are several, the first in the order of appointment, may replace or deputize for the judge in charge of information without there being any need to apply the preceding paragraphs.
 

Article 84

(Ordinance nº 58-1296 of December 23, 1958 art. 1 Official Journal of December 24, 1958 in force on March 2, 1959)
Law nº 85-1407 of December 30, 1985 art. 64 and art. 94 Official Journal of December 31, 1985 in force on February 1, 1986)
(Law n ° 93-2 of January 4, 1993 art. 21 Official Journal of January 5, 1993 in force on March 1, 1993)
(Law n ° 2004-204 of March 9, 2004 art. 114 Official Journal of March 10, 2004)
(Law n ° 2007-291 of March 5, 2007 art. 7 IV Official Journal of March 6, 2007 in force on March 1, 2008)
   Subject to the application of Articles 657 and 663, the relinquishment of the investigating judge in favor of another investigating judge may be requested from the president of the court, in the interest of the proper administration of justice, by reasoned request of the public prosecutor, acting either spontaneously or at the request of the parties.
The president of the tribunal must rule within eight days by an order which will not be subject to appeal.
If the information judge is unable to attend, as a result of leave, illness or for any other reason, as well as in the event of appointment to another post, the president appoints the judge.
However, in urgent cases and for isolated acts, any examining magistrate may deputize for another examining magistrate from the same court.
In the cases provided for by article 83-1, the judge appointed or, if there are several, the first in the order of appointment, may replace or deputize for the judge in charge of information without having to. in application of the preceding paragraphs.
   NOTE: Law 2007-291 of March 5, 2007 art. 30 III: Article 7 of this law comes into force on the date fixed by the decree provided for by article 52-1 of the Code of Criminal Procedure in its wording resulting from I of article 6 of this law, and no later than the first day of the twelfth month following the publication of this law.
However, until the date of entry into force of article 7, a decree taken in application of article 52-1 of the same code may establish poles of instruction in the jurisdictions of one or more courts. appeal or parts of these jurisdictions, by fixing in these jurisdictions the date of entry into force of article 6 of this law.
The investigating judges of the jurisdictions in which the poles are not established remain competent to continue until completion the information in progress on the date of establishment of the poles for facts of a criminal nature, without prejudice to the possibility of a divestiture if necessary in cosaisine.

Article 84

(Ordinance nº 58-1296 of December 23, 1958 art. 1 Official Journal of December 24, 1958 in force on March 2, 1959)
(Law n ° 85-1407 of December 30, 1985 art. 64 and art. 94 Official Journal of December 31, 1985 in force on February 1, 1986)
(Law n ° 93-2 of January 4, 1993 art. 21 Official Journal of January 5, 1993 in force on March 1, 1993)
(Law n ° 2004-204 of March 9, 2004 art. 114 Official Journal of March 10, 2004)
(Law n ° 2007-291 of March 5, 2007 art. 7 IV Official Journal of March 6, 2007 in force on March 1, 2008)
(Law n ° 2007-291 of March 5, 2007 art. 3 III Official Journal of March 6, 2007 in force on January 1, 2010)
Subject to the application of Articles 657 and 663, the relinquishment of one or more investigating judges in favor of one or more other investigating judges may be requested from the president of the court, in the interest of a good administration of justice, by reasoned request of the public prosecutor, acting either spontaneously or at the request of the parties.
The president of the tribunal must rule within eight days by an order which will not be subject to appeal.
If one of the judges responsible for information is unable to attend, as a result of leave, illness or for any other reason, as well as in the event of appointment to another post, the president may appoint a judge. ‘instruction to replace it.
However, in urgent cases and for isolated acts, any examining magistrate may deputize for another examining magistrate from the same court.

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