Arrest warrant, provisional detention, telephone tapping, investigating judge, Code of Criminal Procedure, corruption, foreign influence trafficking, TRACFIN, flagrante delicto, assisted witness
The investigating judge issued an arrest warrant against Tiad Z, who was arrested and presented to the judge within 24 hours. The judge ordered telephone tapping and provisional detention.
[...] The problem is as follows: is provisional detention regular? Article 143-1 of the Code of Criminal Procedure provides that a crime punishable by at least three years' imprisonment must be used to resort to provisional detention. In accordance with Article 137 of the Code of Criminal Procedure, other restrictive measures of liberty must be insufficient. Article 137-1 of the Code of Criminal Procedure provides that the measure is pronounced by the judge of liberties and detention, seized by the investigating judge, after a contradictory debate. [...]
[...] Serge however, opts for provisional detention. Four years later, Tiad Z is still in provisional detention at Fleury-Mérogis. It has been six months since the investigation is complete and Marc T has issued a remand order. Tiad Z requests his release again, which Serge T refuses, despite being awaiting trial. The Parisian courts are overwhelmed, particularly due to a crisis of vocations. The new President of the eleventh correctional chamber of the judicial court will not be appointed for six months. [...]
[...] In accordance with Article 122, paragraph 1er and 5 of the Code of Criminal Procedure, the investigating judge may issue an arrest warrant, which consists in ordering the public force to search for the person against whom it is issued and to bring them to a detention facility. Article 133, paragraph 1er the Code of Criminal Procedure specifies that the person apprehended on the basis of an arrest warrant must be presented to the investigating judge within 24 hours of their arrest. In this case, the investigating judge issued an arrest warrant against Tiad Z. [...]
[...] He specifically targeted Tiad Z. The problem is as follows: is the introductory indictment regular? Article 80, paragraph 1er The Code of Criminal Procedure provides that the public prosecutor may request the opening of an investigation by filing an indictment, against a person named or identified. In this case, the public prosecutor seized the investigating judge by introductory indictment. The fact that the offense is a crime, a misdemeanor or a contravention is irrelevant under Article 80 of the Code of Criminal Procedure. [...]
[...] This led the police to open an investigation. Taking advantage of his absence, the police proceed to search his Parisian pied-à-terre, a beautiful private mansion, and seize a number of documents that will prove to be incriminating. Tiad Z is specifically targeted in the indictment. Following the seizure and during a working meeting with the police services, the investigating judge informed them that he would like Tiad Z to be placed under telephone surveillance. Returning to the police station, the police set up this measure, which would lead to a major discovery six months later. [...]
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