The public prosecutor may initiate an investigation when there are sufficiently serious grounds to suspect that a criminal offence has been committed. Once this proposal has been made, it is up to the investigating judge to decide whether to order an investigation after hearing the person concerned. The assistance of a lawyer is recommended from the outset of this process, particularly during questioning after police custody.
Introduction to the indictment
Legal definition
An indictment is a decision taken by the examining magistrate as part of a judicial investigation. It consists of designating a person suspected of a criminal offence as the formal perpetrator.
Origin of the term
Introduced in 1993, this term originates from the French Code of Criminal Procedure, replacing the legal term “inculpation”.
The Examination Process
Roles and powers of the Examining Magistrate
The examining magistrate is at the heart of the indictment process. He is responsible for conducting the judicial investigation and ensuring that the rights of the accused person (defence) are respected throughout the proceedings.
In the performance of his duties, he has a number of powers:
- Order investigative measures to gather evidence
- Examine the evidence presented
- Hear suspects and witnesses
- Take coercive measures such as pre-trial detention
- Decide on the outcome of the investigation, by dismissing the case or sending the person back to court.
The role of the examining magistrate after an indictment has been issued
Once the person has been indicted, the investigating judge continues his investigation to gather all the evidence needed to establish the truth. A more in-depth study could detail the investigating judge’s investigative powers, how he interacts with the person under investigation, and the limits of his intervention.
Indicators triggering an Examination
Specific criteria justifying an indictment
For an indictment to be issued, mere suspicion is not enough. The investigating judge must base his decision on concrete evidence constituting serious corroborating clues. This could explain what types of evidence the judge considers and how they are assessed in the course of the proceedings.
The examining magistrate can order an indictment when he or she finds concordant or serious evidence that leads to the presumption that the person has committed an offence.
This evidence must be sufficiently solid and consistent to establish a presumption of guilt against the suspect, such as :
- corroborating testimony from credible sources
- Conclusive forensic or technical evidence
- documents or audio/video recordings
- Physical evidence: fingerprints, DNA traces.
Non-textual element: Explanatory video on the criteria for indictment.
The First Appearance and its Stakes
Once the decision to bring an indictment has been taken, the person concerned is summoned to appear for the first time before the examining magistrate.
This summons allows the suspect to be informed of the charges against him or her and to benefit from his or her rights of defence.
Implications and consequences of an indictment
Possible Restrictive Measures
When a person is indicted, the examining magistrate can apply several restrictive measures such as :
- Pre-trial detention: imprisonment of the person before trial, in exceptional cases and under certain conditions.
- Judicial supervision: a ban on leaving the country or meeting certain people and an obligation to report regularly to the court or the police.
- House arrest with an electronic tag.
These various measures are designed to ensure that the investigation runs smoothly and to prevent any risk of flight or pressure on witnesses.
What’s new: Personal data protection
The indictment procedure must be carried out with absolute respect for the fundamental rights of the people involved in the judicial investigation. This includes the protection of their personal data, which takes various forms, such as :
- Confidentiality of sensitive information
- Respect for the rights of individuals
- Restricted access to information
Data erasure and the right to be forgotten
An accused person may request that his or her personal data be deleted. They can also assert their right to be forgotten in order to protect their reputation and privacy after the conclusion of a legal case.
The legal procedures for making this request vary according to the regulations in force in each jurisdiction, such as :
- Identifying the personal data to be deleted: video or audio recordings, bank statements, medical information, etc.
- Drawing up a written request: details of the data to be deleted, reasons for deletion, etc.
- Consulting a lawyer.
Rights and obligations when an investigation is launched
The Rights of the Defence
An accused person has a number of fundamental rights that guarantee respect for his dignity and personal freedom:
- The assistance of a lawyer from the outset of the proceedings
- The right to remain silent so as not to incriminate themselves
- To be informed of the charges against them
- Access to the case file and copies of essential documents.
Legal obligations of the accused
In return for its rights, the defence is subject to certain legal obligations, particularly with regard to its cooperation with the courts:
- Appear when summoned by the examining magistrate or the court
- Not hinder the investigation by concealing evidence or influencing witnesses
- Comply with any measures restricting their freedom.
How do I contest an indictment?
If the person under investigation does not agree with his or her indictment, there are a number of ways in which he or she can challenge the decision:
- Request that the indictment be quashed on formal grounds or for lack of serious and corroborating evidence
- Ask their lawyer to submit written observations or to plead their case before the examining magistrate
- Appeal against the decision to initiate an examination before the Investigating Chamber.
Remedies available to the person under investigation
An accused person has a number of legal remedies to challenge the charges brought against him or her or the conditions of the proceedings. In this section, we will look in more detail at the various remedies available, such as applying to have the indictment declared null and void or appealing against the investigating judge’s decisions.
