French Code of Criminal Procedure
In forceThe parties may only be heard, questioned or confronted, unless they expressly waive this, in the presence of their lawyers or the latter duly summoned.
Lawyers shall be summoned no later than five working days before the examination or hearing of the party they are assisting by registered letter with acknowledgement of receipt, fax with acknowledgement of receipt or orally with a signature in the proceedings file.
The record of the proceedings shall be made available to them no later than four working days before each examination of the person under investigation or each hearing of the civil party. After the first appearance of the person under investigation or the first hearing of the civil party, the file is also made available to the lawyers at any time during working days, subject to the requirements of the proper functioning of the investigating office.
After the first appearance or the first hearing, the parties' lawyers or, if they do not have a lawyer, the parties may obtain a copy of all or part of the documents and records in the case file. The copy must be delivered within one month of the request. If the case file has been digitised, this copy shall be provided in digitised form, where applicable by a means of telecommunication in accordance with the procedures set out in Article 803-1. The issue of the first copy of each document or deed in the file is free of charge.
Where the copy has been requested directly by the party, the latter must certify in writing that he or she is aware of the provisions of the sixth paragraph of this article and of article 114-1. Where the copy has been requested by the lawyers, they may forward a copy to their client, provided that the client first provides them with this attestation.
Only copies of expert reports may be communicated by the parties or their lawyers to third parties for the purposes of the defence.
Where the copy has been requested by the lawyer, the latter must, where applicable, inform the examining magistrate, by declaration to his clerk or by letter with this sole purpose and sent by recorded delivery with acknowledgement of receipt, of the list of documents or acts of which he wishes to give a copy to his client.
The investigating judge has a period of five working days from receipt of the request in which to oppose the provision to the parties of all or part of the copies requested or their reproductions by means of a specially reasoned order in view of the risks of pressure being put on the victims, persons under investigation, their lawyers, witnesses, investigators, experts or any other person involved in the proceedings.
This decision is notified by any means and without delay to the parties or their lawyers, who may, within two days of its notification, refer the investigating judge's decision to the president of the investigating chamber, who gives a ruling within five working days in a written and reasoned decision that is not subject to appeal. Where the copy has been requested by the lawyer, in the absence of a reply notified within the time limit, the lawyer may communicate to his client the reproduction of the documents or acts mentioned on the list.
The methods by which copies are given to a detained person and the conditions under which this person may hold these documents are determined by decree in the Conseil d'Etat.
As an exception to the provisions of the eighth and ninth paragraphs, the lawyer for a civil party whose admissibility is being challenged may not send his client a copy of the documents or acts in the case file without the prior authorisation of the examining magistrate, which may be notified to him by any means. If the examining magistrate refuses or fails to reply within five working days, the lawyer may refer the matter to the President of the Examining Magistrate's Chamber, who will give a ruling within five working days, in a written and reasoned decision that is not subject to appeal. In the absence of prior authorisation from the president of the investigating chamber, the lawyer may not transmit the reproduction of documents or acts from the case file to his client.
