Section 1: General provisions

The investigating judge shall, in accordance with the law, carry out all acts of information that he or she deems useful for ascertaining the truth. A copy of these acts as well as of all the documents in the proceedings shall be drawn up; each copy shall be certified by the court clerk or the judicial police officer mentioned in paragraph 4. All the documents in the case file are marked by the court clerk as they are drawn up or received by the examining magistrate.

However, if copies can be made using photographic or similar processes, they are made when the case file is transmitted. As many copies as are necessary for the administration of justice are then made. The court clerk certifies that the reproduced file conforms to the original file. If the temporary relinquishment of jurisdiction is due to the exercise of an appeal, the copies must be made immediately so that in no case is the hearing of the case provided for in article 194 delayed.

If the examining magistrate is unable to carry out all the investigative acts himself, he may issue a letter rogatory to officers of the judicial police in order to have them carry out all the necessary investigative acts under the conditions and subject to the reservations provided for in articles 151 and 152.

The investigating judge must verify the information gathered in this way.

The investigating judge shall carry out or have carried out, either by judicial police officers, in accordance with paragraph 4, or by any person authorised under conditions determined by decree in the Council of State, an investigation into the personality of the persons under investigation, as well as their material, family or social situation. However, in the case of a misdemeanour, this investigation is optional.

The investigating judge may also appoint a person authorised under the sixth paragraph, the prison integration and probation service or the judicial youth protection service to verify the material, family and social situation of a person under investigation and to inform them of the measures likely to promote the social integration of the person concerned. Unless they have already been prescribed by the public prosecutor, these steps must be prescribed by the investigating judge each time he or she considers referring the matter to the liberty and custody judge for the purpose of remanding the person under investigation in custody where the sentence incurred does not exceed five years' imprisonment.

The investigating judge may prescribe a medical examination, a psychological examination or order any useful measures.

If a party submits to the investigating judge a written, reasoned request that one of the examinations or any other useful measures provided for in the preceding paragraph be carried out, the investigating judge must, if he does not intend to grant the request, issue a reasoned order at the latest within one month of receipt of the request.

The request referred to in the preceding paragraph must be declared to the clerk of the investigating judge hearing the case. It is noted and dated by the clerk who signs it as well as the applicant or his lawyer. If the applicant is unable to sign, this is noted by the court clerk. The declaration to the court clerk may also be made by registered letter with acknowledgement of receipt. When the accused person is detained, the request may also be made by means of a declaration to the head of the prison. This declaration is recorded and dated by the head of the prison, who signs it together with the applicant. If the applicant is unable to sign, this is noted by the head of the prison. This document is sent without delay, in original or copy and by any means, to the clerk of the examining magistrate.

If the examining magistrate fails to rule within one month, the party may refer the matter directly to the president of the examining chamber, who shall rule and proceed in accordance with the third, fourth and fifth paragraphs of article 186-1.