Law No.1.534 of 9 December 2022: assisted witness, investigation, appeal for revision in criminal matters, offences committed by legal persons
19.12.2022
Criminal Procedure
Law No. 1.534 of 9 December 2022 amending certain provisions of the Criminal Code and the Code of Criminal Procedure relating to the investigation and appeal for review in criminal matters (JDM no. 8621 of 16 December 2022) stems from Bill no. 1031 received by the Parliament on 9 April 2021 and voted on during the Public Session of 30 November 2022.
It aims to “ensure a high level of security” in the Principality of Monaco, “the exercise of effective justice and the protection of the rights and freedoms of individuals”(Legislation Committee, Report on Bill No. 1031, p. 3).
In short, Law No. 1.534 modernises the provisions of the Code of Criminal Procedure concerning the investigation procedure (main contribution) and the appeal for review, creates the status of assisted witness, organises the presence of the lawyer during the first appearance examination, inserts special provisions applicable to the prosecution, investigation and judgement of offences committed by legal persons.
The entry into force of Law No. 1.534 is set for 1 May 2023. However, transitional provisions regulate the application of its provisions on a case-by-case basis (ongoing investigations, proceedings, etc.).
SUMMARY:
The main purpose of Law No. 1.534 is to reform the pre-trial procedure (almost all of the law’s provisions are devoted to this) in the light of the guarantees afforded to the accused under the European Convention on Human Rights.
Among its notable contributions:
• Creation of the status of assisted witness (témoin assisté);
• Organisation of the presence of the lawyer during the first appearance examination ‘interrogatoire de première comparution);
• Strengthening of the adversarial process and interaction between the investigating judge, the civil parties and the defendants;
• Stricter supervision of searches carried out at the homes of persons who are granted specific protection because of their professional activity;
• Possibility for the investigating judge to use geolocation in the Principality;
• Time limit within which a request for nullity may be made by the accused, the witness or the victim;
• Insertion of specific procedures applicable to the prosecution, investigation and judgment of offences committed by legal persons;
• Adaptations made to the appeal for review (pourvoi en révision) with regard to equality of arms.
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