What is an investigation ?
The instruction, also called judicial information, most often follows the procedure of the judicial investigation. It is the phase of the criminal procedure that allows the criminal investigation to continue, but within a jurisdictional framework, i.e. under the control of a specialized judge, namely the investigating judge, or even several investigating judges in the case of a complex case.
During this phase, the investigating judge must carry out the investigations necessary to establish the truth : his mission is to ensure that the case is ready for trial at the end of the investigation, if the elements of the case justify it. As long as the criminal investigation is in progress, the judge has the power to order all the investigative acts he deems necessary and to issue orders. To this end, he may also give instructions to the Public Prosecutor’s Office.
Although it is only mandatory to open a judicial investigation in criminal cases, an investigation can also be ordered in correctional cases.
Investigation as part of the criminal defense
Alexandre-M. BRAUN assists his clients who are accused in the context of the judicial investigation and for whom he requests, when the elements of the file allow it, the status of assisted witness. The status of assisted witness is an intermediary status between that of witness and that of accused, and may be granted when the elements of the case file are insufficient to justify an indictment.
In all cases, he acts proactively from the beginning of the judicial investigation and endeavors to obtain as much information as possible for his client, while assisting him during the hearings and confrontations.
To this end, he can ask the judge to order an investigative act and ensures the regularity of the procedure by verifying that all decisions taken and orders issued by the investigating judge comply with the legal provisions and the respect of the rights of the defense. In addition, he verifies that the investigation is carried out in a manner that is both incriminating and exculpatory, while respecting the presumption of innocence that his client must enjoy.
Alexandre-M. BRAUN proceeds to the research of possible procedural defects, in particular during the phase of the criminal information. He also contributes to the LAMY guide “Criminal Procedure Forms” », which is a reference for legal professionals. In this respect, he will not hesitate to request the cancellation of acts that seem irregular and that harm the rights of the defense.
He also takes all necessary steps to avoid or limit pre-trial detention for his clients, by requesting, if necessary, the placement under judicial control, as well as the release of a judicial control if the elements allow it.
Investigation in the context of the defense of victims
Alexandre-M. BRAUN, when he is contacted by the victim of an offence, proposes to his client to launch the investigation when necessary, by means of a complaint with civil party status, or, when the investigation has already been launched, to become a civil party and thus take part in the procedure if this is in his client’s interest.
He thus ensures that the prerogatives to which his client a civil party, is entitled at the investigation stage. are respected
He ensures that the rights of his plaintiff clients are respected by formulating requests for information, acts or expertise … He therefore ensures that the interests of his clients are respected.
Similarly, he ensures that his plaintiff clients obtain compensation for their prejudice. In this respect, he takes the necessary precautionary measures to ensure that his clients obtain the fair compensation due to them.