French Code of Criminal Procedure: Custody and Investigation Procedures for Organized Crime and Terrorism Cases
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Code of Criminal Procedure, organized crime, terrorism, custody, witness protection, judicial police, prosecutor, judge of liberties and detention, Article 706-88, Article 706-77, Article 63, Article 75, Article 706-58
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Abstract
Unlock the intricacies of French criminal procedure law as it pertains to custody, organized crime, and terrorism. Discover how the Code of Criminal Procedure governs investigations, custody extensions, and witness protection. Learn about the rights of individuals in custody, including access to lawyers, interpreters, and medical examinations. Understand the procedures for flagrante delicto investigations and the role of judicial police officers. Explore the nuances of anonymity for witnesses in cases involving organized crime and terrorism. Dive into the specifics of Articles 63, 75, 706-58, 706-73, and 706-88 of the Code of Criminal Procedure to gain a deeper understanding of the legal framework surrounding these complex issues.
Extract
[...] Furthermore, she holds information that may be of interest to the investigation, but she is afraid to testify, fearing reprisals. It will be necessary to study the denunciation of the person being held in custody then the willingness to testify of the neighbor (B.). A. The denunciation of the person being held in custody The question is as follows: what can Mrs. Schmidt do after a defamatory denunciation? In accordance with Article 75 of the Code of Criminal Procedure, a preliminary investigation can be opened without any particular condition. [...]
[...] This is an obligation, otherwise the custody and all statements made will be null. This is normal, since the custody must be carried out under the control of the prosecutor, who must notably verify that the conditions of the custody are always met. Furthermore, in this case, the person in custody speaks little French. Therefore, the presence of an interpreter is obligatory (Article 63-1 of the Code of Criminal Procedure). In fact, even if the judicial police officer lists the rights, the suspect will not understand them without an interpreter. [...]
[...] It will be mentioned only in a separate file from that of the procedure. [...]
[...] In fact, the information given by the detained person raises the suspicion that she committed or participated in an offense. However, according to the facts, she committed no criminal act, so the case will certainly be closed without further action. But Mrs. Schmidt can file a complaint against the detained person for calumny. In fact, he accuses her neighbor of committing an offense, when she did nothing. Thus, a preliminary investigation may be opened against Mrs. Schmidt, but it will probably be quickly abandoned. And Mrs. [...]
[...] In accordance with Article 706-88-1 of the Code of Criminal Procedure, if there is an imminent risk of terrorist action, the already extended custody may be extended by an additional 24 hours, renewable once by the judge of freedoms and detention. Article 796- ° of the Code of Criminal Procedure provides that the procedure for organized crime and delinquency is applicable to acts of terrorism. In principle, the common law custody cannot exceed 48 hours. In this case, the prosecutor has already extended the custody of the suspect once, so at the end of these 48 hours, he will have to be released. Of course, there are derogatory regimes that allow the custody to be extended further. [...]
