The Examining Magistrate
LexInter | November 11, 2014 | 0 Comments

The Examining Magistrate

Article 49

(Ordinance n ° 2006-673 of June 8, 2006 art. 8 Official Journal of June 9, 2006)

The examining magistrate is responsible for proceeding with the information, as stated in Chapter I of Title III.
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 investigating judge exercises his functions at the seat of the tribunal de grande instance to which he belongs.

Article 50

(Ordinance nº 58-1296 of December 23, 1958 art. 1 Official Journal of December 24, 1958 in force on March 2, 1959)
(Law nº 87-1062 of December 30, 1987 art. 24 Official Journal of December 31, 1987 in force on March 1, 1988)

The examining magistrate, chosen from among the judges of the court, is appointed in the forms provided for the appointment of magistrates.
If necessary, another judge may be temporarily entrusted, in the same manner, with the functions of investigating judge concurrently with the appointed magistrate 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 the examining magistrate is absent, ill or otherwise unable to attend, the tribunal de grande instance appoints one of the judges of this tribunal to replace him. 

Article 50

(Ordinance nº 58-1296 of December 23, 1958 art. 1 Official Journal of December 24, 1958 in force on March 2, 1959)
(Law nº 87-1062 of December 30, 1987 art. 24 Official Journal of December 31, 1987 in force on March 1, 1988)
(Law n ° 2007-291 of March 5, 2007 art. 3 I Official Journal of March 6, 2007 in force on January 1, 2010)

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 prevented, the tribunal de grande instance appoints the

Article 51

   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, under the conditions provided for in articles 80 and 86.
In the event of flagrant crimes or misdemeanors, he exercises the powers which are attributed to him by article 72.
The examining magistrate has, in the exercise of his functions, the right to directly request the public force.
 

Article 52

(Law n ° 2004-204 of March 9, 2004 art. 111 II Official Journal of March 10, 2004)

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.

Article 52

(Law n ° 2004-204 of March 9, 2004 art. 111 II Official Journal of March 10, 2004)
 

(Law n ° 2007-291 of March 5, 2007 art. 3 II Official Journal of March 6, 2007 in force on January 1, 2010)

Competent is the investigation department 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 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.

Article 52-1

(inserted by Law n ° 2007-291 of March 5, 2007 art. 6 I Official Journal of March 6, 2007)

In some high courts, the investigating judges are grouped together in an instruction pole.
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 cosaisine 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.
 

Article 52-1

(Law n ° 2007-291 of March 5, 2007 art. 6 I 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)

In some high courts, the investigating judges are grouped together in an instruction pole.
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 by 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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