French Code of Criminal Procedure
In forceIf it appears to the investigating judge that an act or document in the proceedings is null and void, he or she refers the matter to the investigating chamber for annulment, after taking the opinion of the public prosecutor and informing the parties.
If the public prosecutor considers that a nullity has been committed, he or she requires the investigating judge to communicate the proceedings with a view to forwarding them to the investigating chamber, submits a request for annulment to that chamber and informs the parties.
If one of the parties or the assisted witness considers that a nullity has been committed, he or she refers the matter to the investigating chamber by means of a reasoned request, a copy of which is sent to the investigating judge who forwards the case file to the president of the investigating chamber. The request must be declared inadmissible at the registry of the Investigating Chamber. It is recorded and dated by the court clerk who signs it along with the applicant or his lawyer. If the applicant is unable to sign, this is noted by the court clerk. Where the applicant or his lawyer does not reside within the jurisdiction of the competent court, the declaration to the court registry may be made by registered letter with acknowledgement of receipt. Where the accused person is detained, the request may also be made by means of a declaration to the head of the prison. This declaration is recorded and dated by the head of the prison, who signs it together with the applicant. If the applicant is unable to sign, this is noted by the head of the prison. This document is sent without delay, in original or copy and by any means, to the registry of the investigating chamber.
The provisions of the first three paragraphs are not applicable to procedural acts that may be appealed by the parties, and in particular decisions rendered in matters of pre-trial detention or judicial supervision, with the exception of acts taken pursuant to Chapter IX of Title II of Book II of the Internal Security Code.
Within eight days of receipt of the file by the registry of the Investigating Chamber, the President may, by non-appealable order, declare that the application is inadmissible pursuant to the third or fourth paragraphs of this Article, Article 173-1, the first paragraph of Article 174 or IV of Article 175; it may also rule that the application is inadmissible if no reasons are given. If he finds that the request is inadmissible, the President of the Examining Magistrate's Chamber orders that the case file be returned to the examining magistrate; in other cases, he forwards it to the Public Prosecutor who proceeds as provided for in articles 194 et seq.
