French Code of Criminal Procedure
In forceWhen the investigating judge is considering investigating a person who has not already been heard as an assisted witness, the investigating judge shall make the person's first appearance in accordance with the procedures laid down in this article.
After informing the person, where applicable, of his or her right to be assisted by an interpreter, the examining magistrate shall establish the person's identity and expressly inform him or her, specifying their legal classification, of each of the facts of which he or she is seised and for which an indictment is envisaged. These facts and their legal classification are mentioned in the official report.
The person is also informed, if applicable, of his or her right to a translation of the essential documents in the case file.
When the provisions of Article 80-2 have been applied and the person is assisted by a lawyer, the investigating judge, after informing the person of his or her right to make statements, to answer questions put to him or her or to remain silent, proceeds with his or her questioning; the person's lawyer may present his or her observations to the investigating judge.
In all other cases, the investigating judge notifies the person of their right to choose a lawyer or to request that one be appointed for them ex officio. The chosen lawyer or, in the case of a request for a court-appointed lawyer, the President of the Bar Association is informed by any means without delay. If the chosen lawyer cannot be contacted or cannot travel, the person is informed of his or her right to request that one be appointed ex officio to assist him or her during the first appearance. The lawyer may immediately consult the case file and communicate freely with the person. The investigating judge then informs the person that he or she has the right to make statements, answer questions or remain silent. This warning is noted in the minutes. Agreement to be questioned can only be given in the presence of a lawyer. The person's lawyer may also present his observations to the investigating judge.
After having, where appropriate, taken statements from the person or questioned him or her and heard his or her lawyer's observations, the investigating judge notifies him or her:
-either that he or she is not under investigation; the investigating judge then informs the person that he or she has the rights of an assisted witness;
-or that he or she is under investigation; the investigating judge then informs the person of the facts or the legal classification of the facts of which he or she is accused, if these facts or these qualifications differ from those already notified to him or her; he or she informs the person of his or her rights to make requests for acts or petitions for annulment on the basis of the articles 81,82-1,82-2,156and 173 during the course of the information and, if it has so requested, within one month or three months of the dispatch of the notice provided for in I of article 175, subject to the provisions of l'article 173-1.
If the investigating judge considers that the foreseeable timeframe for completion of the investigation is less than one year in criminal cases or eighteen months in criminal cases, he or she shall inform the person of this foreseeable timeframe and advise him or her that on expiry of the said timeframe, he or she may request that the proceedings be closed in accordance with the provisions of article 175-1. If this is not the case, it shall inform the person that he or she may request, pursuant to the same article, that the proceedings be terminated on expiry of a period of one year in criminal cases or eighteen months in criminal cases.
After the first appearance, the person must declare his personal address to the investigating judge. However, he or she may substitute the address of a third party responsible for receiving the documents intended for him or her if he or she produces the latter's agreement. The address declared must be located, if the information takes place in mainland France, in a mainland département or, if the information takes place in an overseas département, in that département. This declaration is made before the liberty and custody judge when this magistrate, seized by the investigating judge, decides not to place the person in custody.
The person is advised that he/she must inform the investigating judge of any change in the declared address until the information has been settled, by means of a new declaration or by registered letter with acknowledgement of receipt. He or she is also advised that any notification or service made to the last declared address will be deemed to have been made to his or her person. A note of this notice, together with the declaration of address, is made in the minutes. These notices are given by the liberty and custody judge when he decides not to detain the person.
