Article 53: The State Counsel shall carry out or ensure the performance of all acts necessary for
the investigation and prosecution of offences against the criminal law.
To this end, he/she shall be vested with the powers and prerogatives of judicial police officials
by virtue of which he/she directs the activity of judicial police officials and officers within the jurisdiction
of his/her court.
He/she shall visit the police holding facilities whenever he/she deems this necessary and at
least once every three months. He/she shall keep a register listing the number and frequency of checks
carried out in these facilities.
In the case of flagrant offences, he/she shall exercise the powers conferred on him/her by
Article 80 et seq of this Code.
In performing his or her duties, he/she shall have the right to directly request assistance from law
enforcement.
He/she may, either of his/her motion or at the request of the person charged or the party
claiming damages, request that an investigating judge should be taken off a case and have him/her
replaced with another investigating judge in the interest of the proper administration of justice. The
request shall be sent to the Indictment Chamber, which must rule, within eight days following receipt (of
the request), through a court order that is final.
Where the State Counsel dismisses a complaint with no further action, he/she must send a notice
on this decision to the complainant within eight days. This notice shall include, in p articular, the reason
for the rejection; the reference of the number under which the case was registered in the complaints
register, and the specific judicial remedies still open to the complainant.
ART 54: The following State Counsels shall be competent: the State Counsels of the place where
the offence was committed, of the residence of one of the persons suspected of having participated in
the commission of the offence, of the place of arrest of one of these persons, even if the arrest was for
another cause.
CHAPTER IV - POWERS OF THE INVESTIGATING JUDGE
ART 55: An investigating judge shall be tasked with criminal investigations.
He/she may not, under penalty of nullity, take part in the trial of a criminal cases he/she heard in
his/her capacity as investigating judge. However, the Justice of the Peace with extended jurisdiction
may hear cases which he/she investigated personally.
An investigating judge may only begin a criminal investigation after having been designated for
this purpose by the president of the court to whom the submission made by the State Counsel is sent or
pursuant to a complaint alongside the initiation of proceedings to claim damages, subject to the
conditions prescribed in Articles 60 and 62.
The designation of an investigating judge, as stated in the preceding paragraph, shall be done
forthwith by an order which is final.
In performing his or her duties, he/she shall have the right to directly request assistance from law
enforcement.
ART 56: The following investigating judges shall be competent: the investigating judge of the place of
commission of the offence, of the residence of one of the persons suspected of having participated in
the commission of the offence, of the place of arrest of one of these persons, even if the arrest was for
another cause, or the investigating judge requested in conformity with Articles 18 and 53.
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