BOOK I
EXERCISE OF PUBLIC PROSECUTION AND JUDICIAL INVESTIGATION
TITLE III
INVESTIGATING JURISDICTIONS
CHAPTER I
THE INVESTIGATING JUDGE: THE FIRST-TIER INVESTIGATING JURISDICTION
SECTION I
GENERAL PROVISIONS
Article 80-1
On pain of nullity, the investigating judge may place under judicial examination only those persons against whom there is strong and concordant evidence making it probable that they may have participated, as perpetrator or accomplice, in the commission of the offences he is investigating.
He may proceed with the placement under judicial examination only after having previously heard the observations of the person or having given him the opportunity to be heard, when accompanied by his advocate, either in the manner provided by article 116 on questioning at first appearance, or as an assisted witness under the provisions of articles 113-1 to 113-8.
The investigating judge may only proceed to place under judicial examination a person whom he considers unable to use the procedure for assisted witnesses.
1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:
(c) The questioning of any person being investigated or prosecuted;