Criminal investigations

A criminal investigation is an investigative phase conducted by an investigating judge, whose role is to gather evidence, find the authors of an offence and establish the truth in a case.

Under French law, the expected time to complete a criminal investigation is :

• 12 months for misdemeanors; and
• 18 months for crimes.

Once these time limits have elapsed, your lawyer may request that the investigation be terminated. If the judge refuses, he/she must draft an order detailing the reasons for his/her refusal.

It will then be possible to renew the request 6 months later.

A French investigating judge has wide-ranging powers, including but not limited to :

• Order searches and seizures
• Request expertise (DNA, blood, etc.)
• Request phone tapping
• Organize a reconstruction and/or a confrontation
• Hear witnesses
• Examine persons in respect of whom he/she considers that there is serious and corroborating evidence that they participated in the offence
• Request the an indicted person be placed in custody

You may first be assisted by a lawyer. Given the potentially serious consequences of an indictment, it is strongly recommended that you contact a lawyer with expertise in criminal investigations: contact me.

With the help of your lawyer, you will be able to :

• Request a copy of the case file
• Request a translation of the case file
• Make observations or challenge as to the decisions taken by the investigating judge
• Ask the judge to carry out any investigative act that would help establish the truth, as for example :
• Hearing a witness
• Organizing a confrontation
• Visiting the scene where the offence was committed
• Communicating documents that you deem useful to the investigating judge
• Asking to be placed under the status of assisted witness, rather than indictee

You may thus, with the help of your lawyer, play a very active role in the investigation.

Under French law, an indictee may challenge his/her indictment within 6 months.

I assist my clients in challenging their indictment: contact me.

It is of course possible to appeal against decisions taken by a French investigating judge. The time limits vary depending on the type of action taken by the judge.

These deadlines for appeal are often very short (a few days). It is therefore strongly recommended that you contact a lawyer with expertise in criminal investigations: contact me.

With the help of your lawyer, you may seize the Criminal Investigation Chamber and seek that the defective investigative acts be declared null and void.

Procedural flaws frequently occur during criminal investigations. It is therefore strongly recommended that you seek help from a lawyer with expertise in criminal investigations: contact me.

If the judge considers that there are sufficient charges against the indictee, he/she may issue an order for referral to a court for trial. The indictee then becomes accused.

If the judge considers that the charges against indictee are not sufficient, he/she may order that the case be dismissed. In this case, the indictee is no longer implicated within the case and will not be judged.

Victims have a crucial role to play in criminal investigations.

They may, for instance :

• Request a copy of the case file
• Request translations the case file
• Comment on actions taken by the investigating judge
• Ask the judge to carry out any investigative act that would help establish the truth, as for instance :
• Seeking expert opinion
• Hearing a witness
• Organizing a confrontation and/or reconstruction
• Producing documents useful to the judicial investigation
• Etc.

A French investigating judge is obliged to investigate the case against and on behalf of those involved. The judge must hence seek evidence of an indictee’s innocence or guilt.

If you feel that the investigating judge in charge of your case is not complying with this fundamental obligation, please contact me.