Examination of places or sites - national proceedings

French Republic

France - Criminal Procedure Code 1959 (2006) EN

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 82-1
In the course of the investigation the parties may file with the investigating judge a written and reasoned application in order to be heard or interrogated, to hear a witness, for a confrontation or an inspection of the scene of the offence, to order one of them to disclose an element useful for the investigation, or for any other step to be taken which seems to them necessary for the discovery of the truth. On pain of nullity, this application must be made in accordance with the provisions of the tenth paragraph of article 81; it must mention all the acts requested, and where a hearing is concerned, specify the identity of the person whose hearing is requested.
The investigating judge must make a reasoned order within one month from receiving the application, when he decides not to grant it. The provisions of the last paragraph of article 81 are applicable.
Upon the expiry of a four-month term since his last appearance, the person under judicial examination who requests it in writing must be heard by the investigating judge. The investigating judge carries out this interrogation within thirty days from receiving the application, which must be drafted in accordance with the provisions of the tenth paragraph of article 81.

Article 82-2
Where the person under judicial examination under the provisions of Article 82-1 makes a formal request to the investigating judge to visit a particular place, or to hear a witness, a civil party or other person under judicial examination, that person may request that this be done in the presence of his advocate.
The civil party has the same right concerning visits to places, the hearing of a witness or another civil party or an interrogation of the person under judicial examination.

BOOK II
TRIAL COURTS

TITLE I
THE ASSIZE COURT

CHAPTER VI
THE HEARING

SECTION I
GENERAL PROVISIONS

Article 311
The assessors and the jurors may put questions to the accused and to the witnesses after asking the president for leave to speak.

Rome Statute

Article 93 Other forms of cooperation

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:

(g) The examination of places or sites, including the exhumation and examination of grave sites;