Section 1: General provisions

The hearings are held and the judgment is delivered in chambers. However, if the adult defendant or his or her lawyer so requests from the outset of the proceedings, they shall be held and the judgment shall be delivered in open court, unless publicity is likely to hinder the specific investigations required by the investigation or to harm the dignity of the person or the interests of a third party. The Examining Magistrate's Chamber shall rule on this application, after hearing the observations of the Public Prosecutor and, where applicable, the lawyers of the other parties, by a judgment delivered in chambers, which may only be appealed to the Supreme Court at the same time as the judgment on the main application.

In matters of pre-trial detention, and by derogation from the provisions of the first paragraph, if the person under investigation is an adult, the hearings are held and the judgment is delivered in open court. However, the Public Prosecutor, the person under investigation or the civil party or their lawyers may, before the opening of the hearings, object to this publicity if it is likely to hinder the specific investigations required by the investigation, to undermine the presumption of innocence or the serenity of the hearings or to harm the dignity of the person or the interests of a third party, or if the investigation relates to facts mentioned in articles 706-73 and 706-73-1. After hearing the observations of the Public Prosecutor and the parties, the Chamber rules on the objection in a judgment delivered in chambers, which may only be appealed to the Supreme Court at the same time as the judgment on the main claim. If the Chamber upholds this objection or if the accused is a minor, the hearing takes place and the judgment is delivered in chambers. The same applies if the civil party objects to publicity, in the only cases where the civil party is entitled to request that the trial be held in camera.

After the counsellor's report, the public prosecutor and the parties' lawyers are heard.

The investigating chamber may order the personal appearance of the parties and the production of exhibits. When the person under investigation appears before the chamber, he or she may only be heard after having been informed of his or her right to remain silent about the facts of which he or she is accused.

The judgment is read out by the President or by one of the councillors; this reading may be made even in the absence of the other councillors.

In matters of pre-trial detention, the person concerned is entitled to appear in person if he or she or his or her lawyer so requests; this request must, on pain of inadmissibility, be submitted at the same time as the statement of appeal or the application for release addressed to the investigating chamber. If the person has already appeared before the investigating chamber less than four months previously, the president of that court may, in the event of an appeal against an order rejecting a request for release, refuse the personal appearance of the person concerned by a reasoned decision that is not subject to appeal.

In the event of the person concerned appearing in person, the maximum period provided for in the last paragraph of Article 194 is extended by five days or by ten days if the Investigating Chamber rules on referral after cassation.

In the event of an appeal by the Public Prosecutor's Office against a decision to refuse remand in custody or release, the accused person is notified of the date of the hearing. His or her personal appearance at the hearing is a matter of right.