Investigations and pre-trial detention (information judiciaire et détention provisoire)

Judicial information, or "information judiciaire", is a type of investigation led by an investigating judge.

This type of procedure is obligatory in criminal matters (murder, aggravated theft, etc.), and optional in correctional matters (drug trafficking, fraud, violence, pimping, etc.). It generally concerns the most serious or complex cases.

Persons against whom there is serious or consistent evidence of having committed an offense are subject to indictment.

Maximilien FOURT regularly assists people of foreign nationality facing international arrest warrant or European arrest warrant procedures.

The status of indictment offers in particular the possibility of making requests for acts to the investigating judge, but also of submitting a request for nullity to the Investigating Chamber aimed at establishing the existence of procedural defects. .

Judicial information involves the carrying out by the investigating magistrate of classic acts such as interrogation, during which the lawyer is present after having had the opportunity to consult the file.

Access to the procedural file by a competent lawyer such as Maximilien FOURT makes it possible to establish a coherent and effective defense during the interrogation.

Maximilien FOURT french criminal lawyer can send observations to the judge on the characterization of the alleged offenses, or even formulate requests for restitution of seized property or sums of money.

PROVISIONAL DETENTION AND JUDICIAL CONTROL

Persons of foreign nationality may be subject to prosecution in this type of procedure within the framework of an arrest warrant or a European arrest warrant.

The accused may be subject to a security measure: judicial control or pre-trial detention.

Judicial control may be accompanied by a certain number of obligations and prohibitions.

Maximilien FOURT french criminal lawyer can make requests for his client for temporary release (in order, for example, to allow him to temporarily leave the territory) or for modification (lifting of a ban on appearing, or reduction in the pace of reporting at the police station).

Pre-trial detention meets criteria set by article 144 of the Code of Criminal Procedure and cannot be decided by the investigating judge. Only the Liberties and Detention Judge can order it at the end of a contradictory debate during which the lawyer is heard in his pleadings.

The duration of pre-trial detention (or committal warrant) varies depending on the offense charged.

At any time, the lawyer of the person placed in pre-trial detention can make a request for release (demande de mise en liberté).

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Managing judicial information requires perfect knowledge of the provisions of the Code of Criminal Procedure and the case law of the Court of Cassation.

It also requires particular responsiveness and a strategic vision of the ins and outs of the matter.