Section 11: Settlement orders

I.-As soon as the investigation appears to have been completed, the examining magistrate communicates the case file to the public prosecutor and at the same time notifies the parties' lawyers or, if they are not assisted by a lawyer, the parties themselves. The notice is served either orally, with the file endorsed, or by registered letter. If the person is detained, it may also be served by the head of the prison, who will immediately send the original or a copy of the receipt signed by the person concerned to the investigating judge.

II.-The public prosecutor then has a period of one month if an accused person is detained or three months in other cases to send his reasoned request to the examining magistrate. A copy of these submissions is sent at the same time by registered post to the parties' lawyers or, if they are not assisted by a lawyer, to the parties.

III.Within a period of fifteen days from either each questioning or hearing carried out in the course of the investigation, or from the dispatch of the notice provided for in I of this article, the parties may inform the examining magistrate, in accordance with the procedures provided for in the penultimate paragraph of Article 81, that they wish to exercise one or more of the rights provided for in IV and VI of this article.

IV.If they have indicated that they wish to exercise these rights under the conditions provided for in III, the parties have, depending on the cases mentioned in II, the same period of one month or three months from the dispatch of the notice provided for in I to :

1° Send written observations to the investigating judge, in accordance with the same procedures; a copy of these observations is then sent at the same time to the Public Prosecutor;

2° Formulate requests or submit applications, in accordance with the same procedures, on the basis of the ninth paragraph of Article 81, Articles 82-1 and 82-3, the first paragraph of Article 156 and the third paragraph of Article 173, provided that they are not inadmissible pursuant to Articles 82-3 and 173-1.

On expiry of the period referred to in II of this article, the parties are no longer entitled to make such observations or to formulate or submit such requests or applications.

V.-If the parties have sent observations pursuant to 1° of IV, the public prosecutor has a period of ten days if an accused person is in custody or one month in other cases to send the investigating judge additional requests from the date on which these observations were communicated to him.

VI.-If the parties have indicated that they wish to exercise this right in accordance with III, they have a period of ten days if an accused person is detained or one month in other cases to send the investigating judge additional observations from the date on which the requests were communicated to them.

VII -At the end of the one month or three month period provided for in II and IV, or the ten day or one month period provided for in V and VI, as the case may be, the examining magistrate may issue his settlement order, even if he has not received any requests or observations within these time limits.

VIII.-III, 1° of IV, VI and, with regard to motions for nullity, 2° of IV are also applicable to the assisted witness.