Assisted Witness
LexInter | July 8, 2003 | 0 Comments

Assisted Witness

Article 113-1

(Law n ° 2000-516 of June 15, 2000 art. 33 Official Journal of June 16, 2000 in force on January 1, 2001)
(Law n ° 2004-204 of March 9, 2004 art. 95 I Official Journal of March 10, 2004 in force on October 1, 2004)
   Any person specifically targeted by an introductory indictment or by a supplementary indictment and who is not indicted can only be heard as an assisted witness.

Article 113-2

(Law n ° 2000-516 of June 15, 2000 art. 33 Official Journal of June 16, 2000 in force on January 1, 2001)
(Law n ° 2004-204 of March 9, 2004 art. 95 II Official Journal of March 10, 2004 in force on October 1, 2004)
   Any person named in a complaint or questioned by the victim may be heard as an assisted witness. When she appears before the examining magistrate, she must be heard in that capacity if she so requests; if the person is specifically targeted by a complaint with the constitution of civil party, he is informed of this right when he appears before the examining magistrate.
Any person called into question by a witness or against whom there are indications making it likely that he may have participated, as an author or an accomplice, in the commission of the offenses referred to the examining magistrate may be heard as an assisted witness.
 

Article 113-3

(Law n ° 2000-516 of June 15, 2000 art. 33 Official Journal of June 16, 2000 in force on January 1, 2001)
(Law n ° 2004-204 of March 9, 2004 art. 95 III Official Journal of March 10, 2004 in force on October 1, 2004)
   The assisted witness has the right to be assisted by a lawyer who is notified in advance of the hearings and has access to the proceedings file, in accordance with the provisions of Articles 114 and 114-1. This lawyer is chosen by the witness assisted or appointed ex officio by the President of the Bar if the interested party so requests.
The assisted witness may ask the examining magistrate, in accordance with the terms provided for in article 82-1, to be confronted with the person or persons implicating him or to make requests for annulment on the basis of article 173. .
During his first hearing as an assisted witness, the person is informed of his rights by the investigating judge.
 

Article 113-4

(inserted by Law n ° 2000-516 of June 15, 2000 art. 33 Official Journal of June 16, 2000 in force on January 1, 2001)
 During the first hearing of the witness assisted, the investigating judge ascertains his identity, informs him of the introductory indictment, the complaint or the denunciation, informs him of his rights and proceeds with the formalities provided for in the last two paragraphs of the Article 116. This information is mentioned in the minutes.
The examining magistrate may, by sending a registered letter, inform a person that he will be heard as an assisted witness. This letter includes the information provided for in the previous paragraph. It specifies that the name of the lawyer chosen or the request for the appointment of a lawyer appointed

Article 113-5

(inserted by Law n ° 2000-516 of June 15, 2000 art. 33 Official Journal of June 16, 2000 in force on January 1, 2001)
  The assisted witness cannot be placed under judicial supervision or in pre-trial detention, nor be the subject of an order of dismissal or of indictment.

Article 113-6

(inserted by Law n ° 2000-516 of June 15, 2000 art. 33 Official Journal of June 16, 2000 in force on January 1, 2001)
At any time during the procedure, the assisted witness may, during his hearing or by registered letter with acknowledgment of receipt, ask the examining magistrate to be indicted; the person is then considered to be indicted and benefits from all the rights of the defense as soon as he or she requests or sends the registered letter with acknowledgment of receipt.
The provisions of article 105 are not applicable to assisted witnesses.

Article 113-7

(inserted by Law n ° 2000-516 of June 15, 2000 art. 33 Official Journal of June 16, 2000 in force on January 1, 2001)
The assisted witness does not take an oath.

Article 113-8

(Law n ° 2000-516 of June 15, 2000 art. 33 Official Journal of June 16, 2000 in force on January 1, 2001)
(Law n ° 2004-204 of March 9, 2004 art. 95 IV Official Journal of March 10, 2004 in force on October 1, 2004)
If he considers that during the proceedings serious or consistent evidence justifying the indictment of the assisted witness, the examining magistrate shall proceed with this indictment by applying the provisions of the seventh and eighth paragraphs of the article 116 during an interrogation carried out in the forms provided for in article 114.
He may also proceed with this indictment by sending the person a registered letter specifying each of the facts alleged against him, as well as their legal qualification, and informing him of his right to formulate requests for acts or requests for legal action. cancellation, as well as the foreseeable time limit for the completion of the procedure, in accordance with the provisions of the seventh and eighth paragraphs of article 116.
This registered letter may be sent at the same time as the notice of end of information provided for by the article 175. It then informs the person of his right to formulate requests for acts or requests for annulment for a period of twenty days.
In the cases referred to in the second and third paragraphs of this article, the person is also informed that if he requests to be heard again by the examining magistrate, the latter is required to proceed to his questioning.

Article 113-8

(Law n ° 2000-516 of June 15, 2000 art. 33 Official Journal of June 16, 2000 in force on January 1, 2001)
(Law n ° 2004-204 of March 9, 2004 art. 95 IV Official Journal of March 10, 2004 in force on October 1, 2004)
(Law n ° 2007-291 of March 5, 2007 art. 2 I Official Journal of March 6, 2007 in force on January 1, 2010)
If it considers that during the proceedings serious or concordant indications justifying the indictment of the assisted witness, the investigating panel proceeds with this indictment by applying the provisions of the seventh and eighth paragraphs of the article 116 during an interrogation carried out in the forms provided for in article 114.
He may also proceed with this indictment by sending the person a registered letter specifying each of the facts alleged against him, as well as their legal qualification, and informing him of his right to formulate requests for acts or requests for legal action. cancellation, as well as the foreseeable time limit for the completion of the procedure, in accordance with the provisions of the seventh and eighth paragraphs of article 116.
This registered letter may be sent at the same time as the notice of end of information provided for by the article 175. It then informs the person of his right to formulate requests for acts or requests for annulment for a period of twenty days.
In the cases referred to in the second and third paragraphs of this article, the person is also informed that if he requests to be heard again by the instruction college, it is required to proceed with his questioning.

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