French Code of Criminal Procedure
In forceI.-At any time during the preliminary investigation, the public prosecutor may, where he considers that this decision is not likely to undermine the effectiveness of the investigations, inform the accused, the victim or their lawyers that a copy of all or part of the case file is being made available to their lawyers, or to them if they are not assisted by a lawyer, and that they have the opportunity to make any observations that they consider useful.
These observations may relate in particular to the regularity of the procedure, the classification of the facts that may be retained, the possible inadequacy of the investigation, the need to carry out new acts that would be necessary to establish the truth and the modalities of any prosecution or possible recourse to the procedure of appearance on prior recognition of guilt.
II.Without prejudice to I, any person against whom there are one or more plausible grounds for suspecting that he or she has committed or attempted to commit, as perpetrator or accomplice, an offence punishable by a custodial sentence may ask the Public Prosecutor, by registered letter with acknowledgement of receipt or by declaration to the clerk of the court's office against receipt, to take cognisance of the case file in order to formulate his or her observations when at least one of the following conditions is met:
1° If the person was questioned in the context of an unrestricted hearing or police custody that took place more than one year ago;
2° If the person's home was searched more than one year ago;
3° If the person's presumption of innocence was violated by a means of communication to the public. This 3° shall not apply where the disclosures emanate from the person him/herself or his/her lawyer, directly or indirectly, or where the investigation relates to facts covered by Articles 706-73 or 706-73-1 or falling within the jurisdiction of the anti-terrorist public prosecutor.
When such a request has been made and the Public Prosecutor considers that there are one or more reasonable grounds to suspect that the person has committed or attempted to commit, as perpetrator or accomplice, an offence punishable by a custodial sentence, the Public Prosecutor shall inform the person or his lawyer that a copy of the proceedings has been made available to his lawyer, or to him if he is not assisted by a lawyer, and that he may make the observations provided for in I of this article, in the manner mentioned in the first paragraph of this II.
By way of derogation from the fifth paragraph of this II and for a maximum period of six months from receipt of the request, the Public Prosecutor may refuse to disclose all or part of the proceedings to the person concerned if the investigation is still underway and if such disclosure could jeopardise the effectiveness of the investigations. The public prosecutor must give a reasoned decision within one month of receiving the request, which must be added to the file. Failing this, silence is equivalent to a refusal to disclose. The person making the request may challenge a refusal before the Public Prosecutor, who will also give a reasoned decision within one month of receiving the request, which will be placed in the file. Where the investigation concerns crimes or offences referred to in Articles 706-73 or 706-73-1 or falling within the jurisdiction of the Anti-Terrorism Public Prosecutor, the six-month period provided for in this paragraph is extended to one year.
In the one-month period following receipt of the request, the public prosecutor may not take any prosecution decision other than the opening of an investigation, the application of article 393 or recourse to the procedure of appearance on prior recognition of guilt provided for in articles 495-7 to 495-13.
The public prosecutor may decide not to make certain documents in the proceedings available to the person concerned because of the risk of pressure being put on victims, other defendants, their lawyers, witnesses, investigators, experts or any other person involved in the proceedings.
III -When a preliminary investigation is the subject of a request for communication under the conditions set out in II, the victim, if he or she has lodged a complaint, will be informed by the public prosecutor that he or she has the rights set out in I under the same conditions as the person making the request.
IV.-The observations made pursuant to this article will be placed in the case file. The public prosecutor will decide what action to take on these observations. He will inform the persons concerned. If the Public Prosecutor refuses to carry out a requested action, his decision may be contested before the Public Prosecutor.
V.-When a period of two years has elapsed after one of the acts referred to in 1° and 2° of II, the preliminary investigation may not continue in respect of persons who have been the subject of one of these acts and against whom there are one or more plausible grounds for suspecting that they have committed or attempted to commit, as perpetrators or accomplices, an offence without the Public Prosecutor applying I to their benefit and to that of the complainant.
