investigating judge overrules this submission, he/she must do so through a reasoned order.
In the event of a complaint which is insufficiently substantiated or insufficiently justified by the
documents submitted, the investigating judge may be seized of submissions for the preliminary
investigation of all persons who were due to be heard under the investigation
In such a case, the person or persons to whom the complaint relates may be heard as
witnesses, subject to the provisions of Article 103, until such time as charges may be brought or, if
need be, new submissions are brought against a named person.
ART 90: The investigating judge, in accordance with the law, shall carry out all investigative acts that
he/she considers useful to discover the truth.
All the documents in the case file shall be listed and an inventory made of it by the court
registrar as they are drafted or received by the investigating judge.
If the investigating judge is unable to carry out all the judicial investigation processes
personally, he/she may issue rogatory letters to the judicial police officials in order to have them
execute all the necessary investigative acts under the conditions and subject to the reservations
provided for in Articles 159 and 160 of this Code.
The investigating judge shall be required to check the information thus collected.
The investigating judge shall carry out or have carried out, either through judicial police officials
or by any person duly accredited by the competent authority, an investigation into the personality of the
persons charged, as well as into their financial, family or social situation. However, in the case of a
misdemeanour, this investigation shall be optional.
The investigating judge may prescribe a medical examination, and entrust a doctor with the
task of carrying out an examination or order any other appropriate measures. If the examinatio ns are
requested by the person charged or his/her counsel, he/she may reject the request only through a
reasoned order.
ART 91: In his/her initial submission, and at any time during the investigation through a supplementary
submission, the State Counsel may request, from the investigating magistrate, all documents he/she
considers useful to discover the truth.
He/she may have the case file sent to him/her for this purpose, provided that he/she returns it
within twenty-four hours.
If the investigating judge does not think that he/she should carry out the required acts, he/she
must, within five days of the State Counsel's submissions, render a reasoned order.
ART 92: In case of incapacity of the judge seized, as a result of leave, sickness or any other cause, as
well as in the event of appointment to another post, an investigating judge replacing him/her shall be
designated in the manner provided for by Article 14 of the Law of 8th February 1988 on Judicial
Reorganisation.
Section II - Visits in loco, Searches and Seizures
ART 93: The investigating judge may go to the scene of the offence to make any necessary findings or
conduct a search. He/she shall inform the State Counsel who may accompany him/her.
The investigating judge shall always be accompanied by a court registrar. He/she shall
prepare a report on his/her actions.
If needed for the criminal investigation, the investigating judge, after notifying the State Counsel
of his/her court, may go with his/her court registrar to any place within the national territory to carry out
with any investigatory action, provided that he/she duly notifies in advance the State Counsel of the
court of the jurisdiction to which he/she is going.
ART 94: Searches shall be carried out in all the places where items may be found which could
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