Section 9: Expertise

The examining magistrate shall inform the parties and their lawyers of the conclusions of the experts after having summoned them in accordance with the provisions of the second paragraph of Article 114. It shall also inform them, where applicable, of the conclusions of the reports of the persons required pursuant to Articles 60 and 77-1, where the provisions of the last paragraph of Article 60 have not been applied. A copy of the entire report is then given, at their request, to the parties' lawyers or to the parties if they are not assisted by a lawyer.

The submissions may also be served by registered letter or, if the person is detained, by the head of the prison who sends the original or a copy of the receipt signed by the person concerned to the examining magistrate without delay. The entire report may also be notified by registered letter, at their request, to the parties' lawyers or to the parties if they are not assisted by a lawyer. If the parties' lawyers have informed the examining magistrate that they have an electronic address, the entire report may be sent to them by this means, in accordance with the procedures set out in I of Article 803-1.

In the case of a psychiatric expertise, a copy of the entire report is given or sent to the parties' lawyers or to the parties if they are not assisted by a lawyer, even in the absence of a request from them.

In all cases, the examining magistrate sets a time limit for the parties to submit observations or make a request, in particular for additional expertise or a counter-expertise. This request must be made in accordance with the provisions of the tenth paragraph of article 81. During this period, the case file is made available to the parties' counsel. The time limit set by the examining magistrate, which takes into account the complexity of the expert opinion, may not be less than fifteen days or, in the case of an accounting or financial expert opinion, one month. Once this period has elapsed, no request may be made for a second, additional or new expert opinion on the same subject, including on the basis of Article 82-1, subject to the occurrence of new evidence.

When rejecting a request, the examining magistrate shall give a reasoned decision which must be made within one month of receipt of the request. The same applies if the judge appoints a single expert when the party has requested that several be appointed. If the examining magistrate fails to make a decision within the one-month time limit, the party may refer the matter directly to the investigating chamber.

The examining magistrate may also notify the assisted witness, in accordance with the procedures set out in this article, of the conclusions of the expert reports that concern him or her and set a time limit for him or her to submit a request for additional or counter-expertise. However, the judge is not required to issue a reasoned order if he considers that the request is not justified, unless the assisted witness requests to be placed under investigation pursuant to Article 113-6.