Law No. 2007-291 Of March 5, 2007 To Strengthen The Balance Of The Criminal Procedure

Original Language Title: LOI n° 2007-291 du 5 mars 2007 tendant à renforcer l'équilibre de la procédure pénale

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Summary

Amendment of the Code of Criminal Procedure. Amendment of Order No. 45-174 of 2 February 1945 on juvenile delinquency: - Amendment:

Keywords

JUSTICE , PENAL PROCEDURE CODE , STRENGTHENING , EQUIFREE , PENAL PROCEDURE , STATEMENT COLLEGIATE , COLLEGIAL TRAINING , ROLE , COMPETENCE , STATEMENT PÖLE , COSAISINE , INVESTIGATING JUDGE , EXCEPTIONAL CARACTERE , TEMPORARY DETENTION , CONFLICTING CARACTERE , CELERITE , PROTECTION OF MINORS , EXTENSION , WALLIS AND FUTUNA ISLANDS , FRENCH POLYNESIA , NEW-CALEDONIA , FRENCH SOUTHERN AND ANTARCTIC LANDS , TAAF , BILL OF LAW

Legislative Folders




JORF No. 55 of 6 March 2007 Page 4206
Text #5



ACT No. 2007-291 of 5 March 2007 aimed at strengthening the balance of criminal procedure

NOR: JUSX0600156L ELI: https://www.legifrance.gouv.fr/eli/loi/2007/3/5/JUSX0600156L/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/loi/2007/3/5/2007-291/jo/texte


The National Assembly and the Senate have adopted,
The President of the Republic enacts the following:

  • Chapter I: Provisions establishing the collegiality of the Section 1


    The first paragraph of the article 83 of the Code of Criminal Procedure is replaced by two paragraphs so drafted:
    " The President of the Court or, in the event of incapacity, the judge who replaces it, shall designate, for each information, a collegial training of three investigating judges, A judge of the first grade performing the duties of a coordinating judge. For this purpose, it may establish a rolling table.
    " This College of Education shall exercise the powers entrusted to the investigating judge by this Code. Decisions to review, grant witness status to a person under review, placement under judicial supervision, referral to the judge of liberty and detention and statutory release, as well as notices of termination Information, settlement and non-site orders must be made in a collegial manner. The other acts within the competence of the investigating judge may be delegated to one of the investigating judges composing the college. "

    Item 2


    I. -In sections 80-1, 80-1-1, 113-8, 116, 137-1, 137-2, 138, 139, 140, 141-1, 142, 144-1, 145, 146, 147, 148, 148-1-1, 175, 175-1, 175-2, 176, 177, 179, 180, 181, 182, 184, 188, 197, 469, 495-15 and 571 and in the second paragraph of Article 202 of the Code of Criminal Procedure, the words: Investigating judge " Are replaced by the words: " College of Training ".
    II. -At the beginning of the second sentence of the first subparagraph of Article 141-2 of the Code, the word: He " Is replaced by the words: " The instruction college ".
    III. -In the second paragraph of Article 175, in the first paragraph of Article 178, and in the first paragraph of Article 179 of the same Code, the words: The judge " Are replaced by the words: " The college of instruction ".

    Article 3


    I. -Article 50 of the Code of Criminal Procedure is thus amended:
    1 ° In the first paragraph, the words: The Judge Statement, selected " Are replaced by the words: " The investigating judges, chosen ", and the words:" Is named " Are replaced by the words: " Are named " ;
    2 ° In the second paragraph, the words: " The designated magistrate " Are replaced With the words: " The appointed judges " ;
    3 ° In the last paragraph, the words: " The judge " Are replaced by the words: " One of the judges ".
    II. -In Article 52 of the same Code, the words: Investigating judge " Are replaced by the words: " Statement pole ".
    III. -Article 84 of the same Code is thus amended:
    1 ° In the first paragraph, the words: Of the judge " Are replaced by the words: " One or more judges ", and the words:" Of another judge " Are replaced by the words: " One or more others Judges " ;
    2 ° In the third paragraph, the words: " Of the presiding judge " Are replaced by the words: " One of the judges in charge ", and the words: Appoint the judge " Are replaced by the words: " May appoint a judge " ;
    3 ° The last paragraph Is deleted.
    IV. -In Article 85 of the same Code, the words: Investigating judge " Are replaced by the words: " Pole of the statement ".
    V.-In the last paragraph of Article 206 of the Code, the words: To the same investigating judge or to another " Are Replaced with the words: " To the same investigating judges or other ".
    VI. -Article 207 of the same code is thus amended:
    1 ° In the first and last paragraphs, the words: Investigating judge " Are replaced by the words: " College of Training " ;
    2 ° In the second paragraph, the words: " To the judge Instruction or other " Are replaced by the words: " To the same investigating judges or others ".
    VII. -Article 207-1 of the Code is thus amended:
    1 ° In the second paragraph, the words: To the same investigating judge or to another " Are replaced by the words: " To the same investigating judges or to others " ;
    2 ° In the last paragraph, The words: " Investigating judge " Are replaced by the words: " College of Education ".
    VIII. -Article 221-3 of Article 221-3 of the Code reads as follows: '
    ' 6 ° designate one or more investigating judges to follow the procedure with the investigating judges already seized; ".
    IX. -In the first paragraph of Article 397-2 of the Code, the words: One of its members or one of the investigating judges of the designated court " Are replaced by the words: " Some of its members or some of the judges of the Designated jurisdiction ".
    X. -In Articles 804 and 905-1 of the same Code, the references: , 83-1 and 83-2 " Are replaced by the word and reference: " And 83 ".
    XI. -In Article 877 of the same code, the references: 83-1, 83-2 " Are replaced by the reference: " 83 ".

    Item 4


    I. - Article 657 of the Code of Criminal Procedure is thus amended:
    1 ° In the first sentence, the words: Investigating judges " Are replaced by the words: " Colleges of Training ", and the words: Of judges " Are replaced by the words: " Of Colleges " ;
    2 ° In the second sentence, the word " Judges " Is replaced by the words: " Colleges of the seized statement ".
    II. -In Article 663 of the same code, the words: Investigating judges " Are replaced by the words: " Colleges of Training ", and the word: Judges " Is replaced by the word: " Colleges ".
    III. -In the first sentence of the second paragraph of Article 698 of the same code, the words: The investigating judge " Are replaced by the words: " The investigating jurisdiction ".
    IV. -Article 701 of the same code is thus amended:
    1 ° In the second paragraph, the words: The investigating judge " Are replaced by the words: " The investigating court " ;
    2 ° In the last paragraph, the words: " Investigating judge " Are Replaced with the words: " College of Education ".

    Item 5


    I. -In the penultimate subparagraph of Article 704 of the Criminal procedure, the words: One or more investigating judges " Are replaced by the words: " Investigating judges ".
    II. -In 705-1, 706-2, 706-18, 706-25, 706-45, 706-77, 706-107 and 706-110 of the same code, the words: " Investigating judge " Are replaced by the words: " Statement College ".
    III. Article 705-2 of the same Code is thus amended:
    1 ° In the second sentence of the first subparagraph, the words: The investigating judge responsible " Are replaced by the words: " The jurisdiction charged " ;
    2 ° In the last sentence of the first subparagraph And in the second paragraph, the words: Investigating judge " Are replaced by the words: " Statement College ".
    IV. Article 706-17 of the same code is thus amended:
    1 ° The words: " Investigating judge " Are replaced by the words: " Statement pole " ;
    2 ° In the last paragraph, the words: " A magistrate " Are replaced by the words: " Of Magistrates ", the word: Assigned " Is replaced by the word: " Assigned ", and the words:" , where applicable under the conditions set out in Article 83-1, " Are deleted.
    V.-Section 706-19 of the same code is modified:
    1 ° The words: " Investigating judge " Are replaced by the words: " College of Training " ;
    2 ° In the first sentence of the first paragraph, the word: " Magistrate " Is replaced by the word: " College ".
    VI. -Article 706-22 of the same code is thus amended:
    1 ° To the first, second, fourth, fifth and sixth occurrences, the words: " Investigating judge " Are replaced by the words: " College of Training " ;
    2 ° In the first sentence In the first paragraph, the words: ' The investigating judge responsible " Are replaced by the words: " Jurisdiction ".
    VII. -Article 706-76 of the same code is thus amended:
    1 ° In the first subparagraph, the words: Investigating judge " Are replaced by the words: " Statement pole " ;
    2 ° In the second sentence of the second subparagraph, the words: " Judge Statement " Are replaced by the words: " College of Education ".
    VIII. Article 706-78 of the same code is thus amended:
    1 ° In the second sentence of the first subparagraph, the words: The investigating judge responsible " Are replaced by the words: " The jurisdiction charged " ;
    2 ° In the last sentence of the first subparagraph And in the second paragraph, the words: Investigating judge " Are replaced by the words: " College of instruction ".
    IX. Article 706-109 of the same code is thus amended:
    1 ° In the first subparagraph, the words: Investigating judge " Are replaced by the words: " Statement pole " ;
    2 ° In the second sentence of the last paragraph, the words: " Judge Statement " Are replaced by the words: " Statement College ".
    X. -Article 706-111 of the same code is thus amended:
    1 ° In the second sentence of the first subparagraph, the words: The investigating judge responsible " Are replaced by the Words: " The jurisdiction charged " ;
    2 ° In the last sentence of the first subparagraph and in the second paragraph, the words: " Investigating judge " Are replaced by the words: " College of Training "

  • Chapter II: Provisions on poles of instruction and the cosaisine of investigating judges Article 6 Learn more about this Article ...


    I. -Chapter III of Title I of Book I of the Code of Criminal Procedure is supplemented by an Article 52-1 worded as
    : Art. 52-1. -In some major courts, investigating judges are grouped within a pole of instruction.
    " The investigating judges composing a pole of the inquiry are competent to know the information in Crime scene. They shall remain competent in the event of recalification of the facts in the course of information or in the settlement of the information.
    " They shall also be the only competent to know information giving rise to a cosaisine in accordance with Articles 83-1 and 83-2.
    " The list of courts in which there is a pole of instruction and the territorial competence of the investigating judges who compose it shall be determined by decree. This jurisdiction may be subject to the jurisdiction of several major courts. One or more investigating judges may be appointed, taking into account the specialisations set out in Articles 704, 706-2, 706-17, 706-75-1 and 706-107, to coordinate the activities of investigating judges within the pole, in Conditions laid down by decree. "
    II. -Article 80 of the same Code is thus amended:
    1 ° The first paragraph shall be preceded by the words: I " ;
    2 ° Added a II and a III as follows:
    " II. -In criminal matters, as well as when it requires a cosaisine, the prosecutor of the Republic near the high court in which there is no pole of inquiry is competent to request the opening of information before the court. The judges of the territorially competent pole for offences within its jurisdiction under Article 43, including by referring to them the persons concerned.
    " In the cases provided for in the first subparagraph, the An introductory memorandum may also be taken by the public prosecutor of the Republic near the high court in which the pole is located, which is for that purpose territorially competent over the entire jurisdiction of that pole, y Including to direct and control judicial police investigations.
    " The Prosecutor of the Republic of the Republic of the Republic of the Republic of the Republic of Moldova is the sole competent authority for monitoring the conduct of the information referred to in the preceding paragraphs. Regulation.
    " In the case of a referral to the court of judgment, the case is referred, as the case may be, to the local court, the police tribunal, the juvenile court, the juvenile court or the court of first sitting Competent.
    " III. -If the prosecutor of the Republic at the high instance court in which there is a pole of inquiry finds that a person is referred to him for the purpose of opening an information pursuant to the second paragraph of II and that he Considers that no information falling within the competence of the pole must be opened, it may, before forwarding the file of the procedure to the prosecutor of the territorial jurisdiction, require the placement under judicial supervision or Provisional detention of the person in accordance with the arrangements laid down in the third paragraph of Article 394 and Article 396. If the person is remanded in custody, the person must appear before the prosecutor of the competent territorial republic by the third following working day at the latest. Failing this, it is automatically released. "
    III. -In Article 85 of the same Code, after the reference: 52 ", it is inserted the reference:" , 52-1 ".
    IV. -Article 118 of the Code is supplemented by a paragraph worded as follows: '
    ' If the information has been opened within a court without a pole of inquiry, the investigating judge, immediately after the formalities prescribed by the Article, divest itself to the benefit of a judge of the pole of competent education, appointed by the President of the High Court in which the pole is located. "
    V. The third paragraph of Article 397-2 of the Code is supplemented by a sentence so worded:
    " However, if the facts fall within the competence of a pole of inquiry and there is no pole in the high court Proceedings, such appearance must be brought before the investigating judge territorially competent within three working days, failing which the accused shall be released ex officio. "
    VI. -Paragraph 3 of Section 1 of Chapter I of Title II of Book II of the same Code is supplemented by an Article 397-7 worded as
    : Art. 397-7. -If the prosecutor of the Republic considers that the facts for which the person is referred to him pursuant to Article 393 must be the subject of information falling within the competence of a pole of the education while he There is no such pole in the High Court and that the elements of the case seem to him to require an interim measure of detention, he may require the placement under judicial supervision or in provisional detention of that person Until his or her appearance before the competent investigating judge by applying the third paragraph of section 394 or section 396. If the person is remanded in custody, he or she must appear before the investigating judge at the training pole no later than the third following working day. Failing this, it is automatically released. "

    Item 7


    I. -The second and third paragraphs of Article 83 of the Code of Criminal Procedure are
    . Article 83-1 of the Code reads as follows: '
    ' Art. 83-1. -Where the gravity or complexity of the case so warrants, the information may be cosaisine in accordance with the terms and conditions laid down in this
    . The President of the High Court in which there is a pole of Or, in the event of incapacity, the judge who replaces it designates, from the time of the opening of the information, ex officio or if the prosecutor of the Republic requires it in its opening statement, one or more investigating judges to be Assistant to the investigating judge responsible for information.
    " At any time during the proceedings, the President of the High Court may appoint one or more Cosaisis investigating judges either at the request of the Information Judge, or If that judge agrees, ex officio or on the requisition of the public prosecutor or at the request of the parties filed in accordance with the provisions of the penultimate paragraph of Article 81. The parties cannot renew their application for six months. Within one month of receipt of the request, the President shall designate one or more investigating judges to be assistant to the information judge. For the purposes of this paragraph, where the information has been opened in a court where there is no pole of inquiry, the President of the High Court where the territorially competent pole is located shall designate the investigating judge Responsible for the information, as well as the Cosaisis investigating judge (s), after the examining magistrate initially seised has divested itself to the advantage of the pole; this divestment takes effect on the date of the appointment of the judges of the
    . When it Shall not be ordered in accordance with the conditions laid down in the preceding paragraph, in the absence of an agreement of the judge in charge of the information or, failing that, the appointment by the President of the High Instance Court within the one-month period, the cosaisine may be Ordered by the President of the Chamber of inquiry acting ex officio, at the request of the President of the Court, on the requisition of the public prosecutor or at the request of the parties. The President shall act within one month from the receipt of the application which is filed in accordance with the penultimate paragraph of Article 81 if it emanates from a Party. Where the information has been opened in a court where there is no pole of inquiry, the President of the Chamber of Education shall refer the case to the Chamber of Instruction for the purposes of Cosaisine. Within a period of one month from the date of its referral, the Board then decides either, if there is no cosaisine, to refer the case back to the investigating magistrate or, if this decision is essential to the manifestation of the truth and to the right Administration of justice, the divestiture of the investigating judge and the designation, for the purposes of prosecution, of several investigating
    . Decisions of the President of the High Court, of the President of the Chamber of Education and of the latter provided for in this Article are measures of judicial administration which are not subject to appeal. "
    III. -After Article 83-1 of the Code, an Article 83-2 reads as follows: '
    ' Art. 83-2. -In the case of cosaisine, the investigating judge responsible for the information shall coordinate the conduct of the information. He has the sole right to appeal to the judge of liberty and detention, to order an ex officio release and to make the notice of termination of information provided for in section 175 and the order of settlement. However, this notice and order may be co-signed by the Cosaisis investigating judge (s). "
    IV. -In the last paragraph of Article 84 of the Code, the words: The second paragraph of Article 83 and " Are deleted.
    V.-Section 186-3 of the same code is modified:
    1 ° The word: " Only " Is deleted;
    2 ° A paragraph is added Thus written:
    " Where the information has been the subject of a cosaisine, they may also, in the absence of co-signature by the Costa Rican investigating judges pursuant to section 83-2, appeal those orders. "
    VI. -In the last paragraph of Article 706-17 of the same Code, the reference: In the second paragraph of Article 83 " Is replaced by the reference: " In item 83-1 ".

    Article 8


    Two years after the entry into force of this chapter, the Government submits to Parliament a report on the preparation of the implementation of the collegiality of education, Taking stock of the functioning of the poles of the inquiry, indicating the proportion of information which has been the subject of a cosaisine and indicating the prospects for the development of the judicial card

  • Chapter III: Provisions to ensure the exceptional character of pre-trial detention Article 9


    I. -Article 144 of the Code of Procedure Criminal is thus written:
    " Art. 144. -Provisional detention may be ordered or extended only if it is demonstrated, in the light of the precise and circumstantial evidence resulting from the procedure, that it constitutes the sole means of achieving one or more of the following objectives and That they cannot be reached in case of placement under judicial supervision:
    " 1 ° Keep the evidence or physical evidence necessary for the manifestation of truth;
    " 2 ° Prevent pressure on witnesses or witnesses Victims and their families;
    " 3 ° Prevent fraudulent consultation between the accused and its co-authors or accomplices;
    " 4 ° Protect the person being examined;
    " 5 ° Guaranteeing the maintenance of the person Review at the disposal of justice;
    " 6 ° Ending the offence or preventing its renewal;
    " 7 ° End the exceptional and persistent disorder caused by the gravity of the offence, the circumstances of its The commission or the extent of the harm it caused. This disorder cannot be the result of the media's only media impact. However, this paragraph shall not apply in correctional matters. "
    II. -In the first sentence of the second subparagraph of Article 137-4 of the same Code, the references: 2 ° and 3 ° " Are replaced by references: " 4 ° to 7 ° ".
    III. -The last two sentences of the third paragraph of Article 179 of the Code are replaced by a sentence so worded:
    " The order for remand in custody is based on reference to 2 °, 4 °, 5 ° and 6 ° of Article 144. "
    IV. -In the second sentence of the third paragraph of Article 396 of the same Code, the references: , 2 ° and 3 ° " Are replaced by the word and reference: " At 6 ° ".
    V.-In the second sentence of the second paragraph of Article 397-3 of the Code, the References: " , 2 ° and 3 ° " Are replaced by the word and reference: " At 6 ° ".

    Item 10


    I. -The last paragraph of the article 137-1 of the same code is supplemented by a sentence so worded:
    " Where the judge for freedom and detention is required to rule pursuant to Article 145, the examining magistrate may indicate in his order whether the publicity of that debate Appears to be disregarded in the light of one or more of the reasons mentioned in the sixth paragraph of this Article. "
    II. -Article 145 of the same code is thus amended:
    1 ° The fifth paragraph reads as follows:
    " If that person is not already assisted by a lawyer, the judge shall inform it that it will be defended in the course of the debate by a lawyer of his choice or, if not Does not choose a lawyer, by a lawyer acting ex officio. The lawyer chosen or, in the case of an ex officio commission, the Bar of the Bar Association shall be notified by any means and without delay. If the chosen lawyer cannot travel, he or she is replaced by an ex officio lawyer. Reference to these formalities shall be made in the Minutes. " ;
    2 ° The sixth paragraph is thus amended:
    (a) In the first sentence, the words: " In cabinet meeting, " Are deleted;
    b) The last two sentences are replaced with four sentences so written:
    " If the person being put in Examination is a major one, the adversarial debate takes place and the judge decides in a public hearing. However, the public prosecutor, the person being examined or his lawyer may object to such advertising if the investigation relates to the facts referred to in Article 706-73 or whether it is such as to hinder the specific investigations required by the The investigation, prejudice the presumption of innocence or the serenity of the proceedings or prejudice the dignity of the person or the interests of a third party. The judge shall rule on this opposition in a cabinet hearing by reasoned order, after having received the observations of the public prosecutor, the person being examined and his lawyer. If he or she is entitled to this opposition or if the person being examined is a minor, the debate shall take place and the judge shall act in a cabinet hearing. " ;
    3 ° After the penultimate paragraph, a paragraph shall be inserted as follows:
    " In order to enable the investigating judge to carry out checks on the personal situation of the accused or the facts of which he is accused, when These checks are likely to allow the person concerned to be placed under judicial supervision, the judge of liberty and detention may also decide ex officio to prescribe by order the provisional incarceration of the respondent For a fixed period of time which cannot exceed four working days until the holding of the adversarial debate. If there is no debate within that period, the person shall be released ex officio. The order referred to in this paragraph may be the subject of an appeal under section 187-1. "

    Article 11


    In the first sentence of the fourth paragraph of article 135-2 of the same code, the word:" Eighth " Is replaced by the Word: " Ninth ".

    Item 12


    I. -After the first subparagraph of Article 199 of the same Code, a paragraph shall be inserted so worded :
    " In the case of pre-trial detention, and by way of derogation from the provisions of the first subparagraph, if the person being examined is major, the proceedings shall take place and the judgment shall be held in public. However, the public prosecutor, the person being examined or the civil party or their lawyers may, before the opening of the proceedings, object to such publicity if it is such as to hinder the specific investigations required by the The investigation, prejudice the presumption of innocence or the serenity of the proceedings or prejudice the dignity of the person or the interests of a third party, or if the investigation relates to the facts referred to in Article 706-73. The Board shall decide on that opposition after having received the observations of the Public Prosecutor's Office and the parties, by a judgment in the Board of Referees which is subject to appeal in cassation only at the same time as the judgment on the application Main. If the Chamber is entitled to this opposition or if the person being examined is a minor, the proceedings shall take place and the judgment shall be delivered to the Board of the Board. The same applies if the civil party objects to advertising, only in cases where it is entitled to request the closed door at the hearing of the judgment. "
    II. -After the word: " ", the end of the second paragraph of Article 199 reads as follows: Are heard. "
    III. -After Article 221-2 of the same Code, an Article 221-3 shall be inserted as
    : Art. 221-3. -I.-Where a period of three months has elapsed since the provisional detention of the person being examined, that the detention is still in progress and that the notice of termination provided for in Article 175 has not been issued, The President of the Chamber of Education may, ex officio or at the request of the public prosecutor or the person being examined, decide to refer the matter to that court for the examination of the whole procedure. In the event of a request by the public prosecutor or a party, it shall act within eight days of the receipt of that request. This decision is not subject to appeal.
    " The Chamber of Education shall act after a hearing to which counsel for all parties and assisted witnesses shall be convened. The Chamber of Education or its President may order the appearance of the persons examined and witnesses assisted, ex officio or at the request of the parties. If an examination placed in provisional detention requests to appear, the President may only refuse his appearance by a reasoned decision. The appearance may be made in the manner set out in section 706-71.
    " If the person being examined is major, the proceedings are held and the judgment will be held in a public hearing. However, the public prosecutor, the person being examined or the civil party or their lawyers may, before the opening of the proceedings, object to such publicity if it is such as to hinder the specific investigations required by the The investigation, prejudice the presumption of innocence or the serenity of the proceedings or prejudice the dignity of the person or the interests of a third party, or if the investigation relates to the facts referred to in Article 706-73. The Chamber shall decide on that opposition, after having received the observations of the Public Prosecutor's Office and the parties, by a judgment in the Board of Referees which is subject to appeal in cassation only at the same time as the judgment on the application Main. If the Chamber is entitled to this opposition or if the person being examined is a minor, the proceedings shall take place and the judgment shall be delivered to the Board of the Board. The same applies if the civil party objects to the advertising, only in cases where it is entitled to ask for the camera to be closed at the hearing of the
    . The President of the Chamber of Education may also order ex officio, after Having obtained the observations of the public prosecutor and the parties, that the debates take place in the Board's Chamber if the advertising is such as to hinder the specific investigations required by the investigation or to impair the dignity of the Person or the interests of a third party. The President of the Chamber of Education shall decide by an order in the Board of Referees which shall be subject to appeal in cassation only at the same time as the judgment given at the end of the
    . Two business days at least before date Scheduled for the hearing, parties may file briefs consisting of either application for release or requests for action, including an application that was previously rejected pursuant to section 186-1, or In motions for annulment, subject to Articles 173-1 and 174, or in applications for the requirement of public
    . II. -The Chamber of Training, after having ruled on such requests, may:
    " 1 ° Order the release, with or without judicial review, of one or more of the persons examined, even in the absence of an application for judicial review Meaning;
    " 2 ° Decline the invalidity of one or more acts under the conditions laid down in Article 206;
    ' 3 ° Evoking and proceeding under the conditions laid down in Articles 201, 202, 204 and 205;
    " 4 ° Proceed with partial evocation File by proceeding only with certain acts before referring the case back to the investigating judge;
    " 5 ° Return the file to the investigating judge in order to continue the information, prescribing the case to proceed to one or more Acts other than those relating to pre-trial detention or judicial review, within a time limit which it determines;
    " 6 ° Designate one or more other investigating judges to follow the procedure with the judge or the investigating judges Entered in accordance with section 83-1;
    " 7 ° When this decision is indispensable for the demonstration of truth and the proper administration of justice and it is not possible to proceed with the designations provided for at 6 °, proceed to the Divestment of the investigating judge and the designation, for the purposes of prosecution, of one or more investigating judges of the court of origin or another jurisdiction of the jurisdiction;
    " 8 ° Order the Regulation, including Part of the procedure, in particular by pronouncing one or more non-places in respect of one or more persons.
    " The judgment of the Chamber of inquiry must be made no later than three months after the referral by the President, failing which Persons detained are released.
    " Six months after the judgment has become final, if a provisional detention is still in progress, and unless the notice of termination provided for in Article 175 has been issued, the President of the Chamber of Education may re-enter that court in accordance with the conditions laid down in this Article. "
    IV. -In the first sentence of the first paragraph of Article 174 of the Code, after the words: Article 173 ' shall be inserted as follows: ' Or article 221-3 ".

    Article 13


    The third paragraph of Article 41 of the same code is supplemented by two sentences written:
    " It provides the Attorney General with a report on custody measures The report shall be transmitted to the custody of the seals. The custody of seals shall account for all the information thus collected in an annual report which is made public.

  • Chapter V: Provisions to ensure the speed of criminal proceedings Article 20


    Article 4 The Code of Criminal Procedure reads as follows:
    " Art. 4. - Civil action for compensation for the damage caused by the infringement provided for in Article 2 may be brought before a civil court, separately from the public
    . However, the judgment of this action shall be stayed until it has Was permanently pronounced on the public action when it was started.
    " The putting into motion of public action does not impose the suspension of the judgment of the other actions brought before the civil court, of any Whether the decision to intervene in the criminal case is likely to have a direct or indirect influence on the solution of the civil trial. "

    Item 21


    I. -Article 85 of the Code is supplemented by a paragraph worded as follows: '
    ' However, the complaint with Constitution of a civil party is admissible only on condition that the person justifies either that the public prosecutor has informed him or her, following a complaint before him or a judicial police service, that he or she will not engage A time limit of three months has elapsed since it lodged a complaint with that Magistrate, against receipt or by registered letter with a request for notification of receipt, or since it has addressed, in the same manner, Copy to this judge of his complaint to a judicial police department. This condition of admissibility is not required if it is a crime or an offence under the law of 29 July 1881 on freedom of the press or by articles L. 86, L. 87, L. 91 to L. 100, L. 102 to L. 104, L. 106 to L. 108 and L. 113 The Election Code. The requirement of public action shall be suspended, for the benefit of the victim, from the filing of the complaint until the reply of the public prosecutor or, at the latest, once the period of three months has elapsed. "
    II. -After the first sentence of the fourth paragraph of Article 86 of the same Code, the following sentence shall be inserted:
    " The prosecutor of the Republic may also make a request for non-suit in the event that it is clearly established, Where appropriate in the light of the investigations which may have been carried out following the filing of the complaint or pursuant to the third subparagraph, that the facts complained of by the civil party have not been committed. "
    III. -After Article 88-1 of the Code, an Article 88-2 reads as follows: '
    ' Art. 88-2. -The investigating judge may, in the course of proceedings, order the civil party requesting the completion of an expert's expertise to supplement the deposit provided for in Article 88 in order to guarantee the payment of the costs May be charged under the second paragraph of Article 800-1. This decision shall be taken by reasoned order which may appeal to the Chamber of Education. It may also be taken by the Chamber of the pre-trial investigation after the investigating judge has refused to order the requested
    . The addition of consignment shall be returned if the second paragraph of the article does not apply 800-1. "
    IV. Article 800-1 of the Code is supplemented by a paragraph worded as follows: '
    ' However, when the application of Articles 177-2 or 212-2 against the civil party whose constitution has been found to be abusive or dilatory, the costs of Justice corresponding to the expert opinions ordered at the request of the latter may, in accordance with the provisions laid down in those articles, be placed at the expense of the latter by the investigating judge or the Chamber of inquiry. This paragraph shall not apply in criminal matters and in relation to offences against persons provided for in Book II of the Penal Code or where the civil party has obtained legal aid. "

    Article 22


    I. -In the second paragraph of Article 236 of the same Code, the words: After notice " Are replaced by the words: " On proposal ".
    II. -In the first paragraph of Article 237 of the Code, the words: After notice " Are replaced by the words: " On proposal ".
    III. Article 238 of the same Code reads as follows: '
    ' Art. 238. -On a proposal from the public prosecutor, the role of each session shall be decided by the chairman of the sitting court or, at the request of the Prosecutor General, by the first chairman of the Court of Appeal. "

    Article 23


    After the second subparagraph of Article 380-11 of the same Code, a paragraph shall be inserted as follows:
    " In all The public prosecutor may always withdraw from the appeal made after that of the accused in the event of the withdrawal of the accused. "

    Article 24


    After Article 585-1 of the same Code, an Article 585-2 reads as follows:
    " Art. 585-2. -Unless otherwise granted by the President of the Criminal Chamber, the Office of the Public Prosecutor's Office, when the latter is in cassation, must arrive at the Registry of the Court of Cassation no later than one month after the date of the appeal. "

    Article 25


    Article 48-1 of the same code is thus amended:
    1 ° In the ninth paragraph, the words:" , the investigating judge, The judge of the children or the judge of the application of the penalties " Are replaced by the words: " Or magistrates of the seat exercising criminal functions " ;
    2 ° In the tenth paragraph, the words: " , investigating judges, judges of children and Judges of the application of penalties " Are replaced by the words: " And the judges of the seat exercising criminal functions " ;
    3 ° In the eleventh paragraph, the words: " And the investigating judges " Are replaced by the words: " And to Judges of the seat exercising criminal functions "

  • Chapter VI: Provisions strengthening the protection of minors Article 26


    After Article 706-51 of the Code of Criminal Procedure, an article 706-51-1 is inserted as follows:
    " Art. 706-51-1. -Any minor who is the victim of one of the offences referred to in Article 706-47 shall be assisted by a lawyer when he is heard by the investigating judge. In the absence of the appointment of a lawyer by the minor's legal representatives or by the ad hoc administrator, the judge shall immediately notify the abuser so that he can make an ex officio attorney. The provisions of Article 114 shall apply to that lawyer in the case of subsequent hearings. "

    Article 27


    Article 706-52 of the same code is thus modified:
    1 ° In the first paragraph, the words:" , with its consent Or, if it is not in a position to give it, that of its legal representative, " Are deleted;
    2 ° In the second paragraph, the words: " If the minor or his or her legal representative so requests " Are replaced by the words: " By decision of the Prosecutor of the Republic or of the investigating judge, if the interest of the minor justifies it " ;
    3 ° The third paragraph is deleted;
    4 ° After the penultimate paragraph, a paragraph shall be inserted as follows:
    " When the record cannot To be carried out because of a technical impossibility, it is mentioned in the minutes of the hearing which specifies the nature of this impossibility. If the hearing takes place during the course of the investigation or on letters rogatory, the public prosecutor or the investigating judge shall be notified immediately. "

    Article 28


    In the last sentence of the first paragraph of Article 706-71 of the Code, the words:" Fourth to ninth " Are Replaced with the words: " Third to eighth ".

    Article 29


    The VI of Article 4 of Order No. 45-174 of 2 February 1945 Modified:
    1 ° The second paragraph is deleted;
    2 ° The third paragraph is thus amended:
    a) The first sentence reads as follows:
    " The record is not available for viewing during In the case of a challenge to the content of the examination report, on the decision of the investigating judge, the judge of the children or the court of judgment, at the request of the public prosecutor or Of one of the parties. " ;
    b) Added a sentence so written:
    " Where a party requests the consultation of the registration, that application shall be made and the examining magistrate shall act in accordance with the first two paragraphs of Article 82-1 of the Code of Criminal procedure. " ;
    3 ° Before the last paragraph, a paragraph shall be inserted as follows:
    " Where the registration cannot be effected by reason of technical impossibility, it shall be mentioned in the examination report, which shall specify the nature Of this impossibility. The public prosecutor or the investigating judge shall be notified immediately. " ;
    4 ° This paragraph is added as follows:
    " A decree shall specify, as appropriate, the procedures for the application of this VI.


Done at Paris, March 5, 2007.


Jacques Chirac


By the President of the Republic:


The Prime Minister,

Dominique de Villepin

The Minister of State,

Minister of the Interior

and Spatial Planning,

Nicolas Sarkozy

The Minister of Defence,

Michèle Alliot-Marie

The Guard of the Seals, Minister of Justice,

Pascal Clément



(1) Preparatory work: Act No. 2007-291.

National Assembly:

Bill No. 3393;

Report by Guy Geoffroy, on behalf of the Committee on Laws, No. 3505;

Discussion on 14 and 19 December 2006 and adoption, after emergency declaration, 19 December 2006.

Senate:

Bill, adopted by the National Assembly, No. 133 (2006-2007);

Report by Mr François Zocchetto, on behalf of the Committee on Laws, No. 177 (2006-2007);

Discussion on 1, 6 and 8 February 2007 and adopted on 8 February 2007.

National Assembly:

Bill, as amended by the Senate, No. 3682;

Report by Guy Geoffroy, au Name of Joint Joint Committee, No. 3734;

Discussion and adoption on 22 February 2007.

Senate:

Report by François Zocchetto, on behalf of the Joint Joint Committee, No. 249 (2006-2007);

Discussion and Adopted on 22 February 2007.


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