{"id":4354,"date":"2017-12-01T15:49:23","date_gmt":"2017-12-01T14:49:23","guid":{"rendered":"http:\/\/braun-avocat.com\/instruction\/"},"modified":"2023-12-14T17:58:35","modified_gmt":"2023-12-14T16:58:35","slug":"instruction","status":"publish","type":"post","link":"https:\/\/braun-avocat.com\/en\/instruction\/","title":{"rendered":"Instruction"},"content":{"rendered":"

What is an investigation<\/span>\u00a0?<\/span><\/h2>\n

The instruction<\/strong>, also called <\/span>judicial information<\/strong>, most often follows the <\/strong><\/span>procedure of the judicial investigation<\/strong>. It is the phase of the <\/span>criminal procedure<\/span> that allows the criminal investigation <\/strong><\/span>to continue<\/strong>, but within a jurisdictional framework<\/strong>, i.e. under the control of a specialized judge, namely the investigating judge<\/strong>, or even several investigating judges in the case of a complex case. <\/span><\/p>\n

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During this phase, the investigating judge<\/strong> must carry out the investigations<\/strong> necessary to establish the truth<\/strong>\u00a0: his mission is to ensure that the case is ready for <\/strong><\/span>trial at the end of the investigation<\/strong>, <\/span>if the elements of the case justify it<\/span>. <\/span>As long as <\/span>the criminal investigation<\/span> is <\/span>in progress<\/span>, the judge has the power to order all the <\/span>investigative acts<\/strong> he deems necessary and to <\/span>issue orders<\/span>. To this end, he may also give <\/strong><\/span>instructions to the Public Prosecutor’s Office<\/strong>.<\/span>
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Although it is only mandatory to<\/span> open a judicial investigation<\/span> in criminal cases<\/strong>, an <\/span>investigation <\/span> can also be ordered in correctional cases<\/strong>.<\/span><\/p>\n

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Investigation as part of the criminal defense<\/span><\/h2>\n

Alexandre-M. BRAUN<\/strong> assists his clients who are accused<\/a> in the context of <\/span>the judicial investigation<\/span> and for whom he requests, when the elements of the file allow it, the status of assisted witness<\/strong>. The status of assisted witness is an intermediary status <\/strong> between that of witness and that of accused, and may be granted when the elements of the case file are insufficient <\/strong> to justify an indictment.<\/span><\/p>\n

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In all cases, he acts proactively from the <\/span>beginning of the judicial investigation<\/span> and endeavors to obtain as much information as possible for his client<\/strong>, while assisting him during the hearings and confrontations.<\/span><\/p>\n

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To this end, he can ask the judge to order an <\/strong><\/span>investigative act<\/strong> and ensures the regularity of the procedure<\/strong> by verifying that all decisions taken and <\/span>orders issued<\/span> by the investigating judge comply with the legal provisions and the respect of the rights of the defense<\/strong>. In addition, he verifies that the investigation is carried out in a manner that is <\/span>both incriminating and exculpatory<\/strong>, while respecting the presumption of innocence<\/strong> that his client must enjoy.<\/span><\/p>\n

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Alexandre-M. BRAUN<\/strong> proceeds to the research of possible procedural defects<\/strong>, in particular during the phase of <\/strong><\/span>the criminal information<\/strong>. He also contributes to the LAMY guide “Criminal Procedure Forms”\u00a0\u00bb<\/strong>, which is a reference for legal professionals. In this respect, he will not hesitate to request the cancellation of acts<\/strong> that seem irregular and that harm the rights of the defense<\/strong>.<\/span>
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He also takes all necessary steps to avoid or limit pre-trial detention<\/a><\/strong> for his clients<\/span>, by requesting, if necessary, the placement under judicial control<\/strong>, as well as the <\/span>release of a judicial control<\/strong> if the elements allow it.<\/span><\/p>\n

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Investigation in the context of the defense of victims<\/span><\/h2>\n

Alexandre-M. BRAUN<\/strong>, when he is contacted by the victim of an offence<\/a>, proposes to his client to launch the investigation<\/strong> when necessary, by means of a complaint with civil party status<\/strong><\/a>, or, when the investigation has already been launched, to become a civil party<\/strong> and thus take part in the procedure<\/strong> if this is in his client’s interest.<\/span><\/p>\n

He thus ensures that the prerogatives <\/strong> to which his client <\/span>a civil party<\/span>, is entitled at the <\/span>investigation stage<\/span>.<\/span> are respected<\/strong><\/p>\n

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He ensures that the rights of his plaintiff clients are respected by formulating requests for information<\/strong>, acts<\/strong> or expertise<\/strong> \u2026 He therefore ensures that the interests of his clients are respected.<\/span><\/p>\n

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Similarly, he ensures that his plaintiff clients obtain compensation for their prejudice<\/strong>. In this respect, he takes the necessary precautionary measures<\/strong> to ensure that his clients obtain the fair compensation<\/strong> due to them.<\/span><\/p>\n

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To go further :<\/h2>\n\n\n
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Undeclared work: the Constitution used as a defense<\/a><\/blockquote>