Questionnaire France
I.30 Who decides on a charge in the indictment?
Where a preliminary judicial investigation is made
compulsory by the law or is requested by the district prosecutor, the
investigating judge can only investigate in accordance with a submission made
by the district prosecutor (sect. 80 CCP), which mentions the facts and charges
that the offender is very likely to be reproached for. The prosecution submission
can be made against a named or unnamed person.
When a preliminary judicial investigation is only optional, and if the district prosecutor directly summons the defendant before a correctional court, the citation instrument issued by the public prosecutor mentions the precise facts and charges upon which the prosecution is based and which will be binding for the judicial examination. As stated in sect. 390-1 CCP, the summons states the action prosecuted, mentions the legal provision which states the punishment, the court seized, and the place, date and time of the hearing.
When a preliminary judicial investigation is only optional, and if the district prosecutor directly summons the defendant before a correctional court, the citation instrument issued by the public prosecutor mentions the precise facts and charges upon which the prosecution is based and which will be binding for the judicial examination. As stated in sect. 390-1 CCP, the summons states the action prosecuted, mentions the legal provision which states the punishment, the court seized, and the place, date and time of the hearing.
