{"id":8792,"date":"2022-12-19T06:00:28","date_gmt":"2022-12-19T05:00:28","guid":{"rendered":"https:\/\/gbmlf.miam.dev\/?p=8792"},"modified":"2022-12-19T15:19:06","modified_gmt":"2022-12-19T14:19:06","slug":"law-no-1-534-of-9-december-2022-assisted-witness-investigation-appeal-for-revision-in-criminal-matters-offences-committed-by-legal-persons","status":"publish","type":"post","link":"https:\/\/gbmlf.miam.dev\/en\/law-no-1-534-of-9-december-2022-assisted-witness-investigation-appeal-for-revision-in-criminal-matters-offences-committed-by-legal-persons\/","title":{"rendered":"Law No.1.534 of 9 December 2022: assisted witness, investigation, appeal for revision in criminal matters, offences committed by legal persons"},"content":{"rendered":"

19.12.2022<\/p>\n

Criminal Procedure<\/p>\n

\"\"<\/p>\n

Eva GROS<\/a><\/p>\n

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<\/strong><\/span> (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.<\/strong><\/p>\n

It aims to “ensure a high level of security”<\/em> in the Principality of Monaco, “the exercise of effective justice and the protection of the rights and freedoms of individuals”<\/em><\/strong>(Legislation Committee, Report on Bill No. 1031, p. 3).<\/p>\n

In short, Law No. 1.534 modernises the provisions of the Code of Criminal Procedure concerning the investigation procedure<\/span> (main contribution) and the appeal for review<\/span>, creates the status of assisted witness<\/span>, organises the presence of the lawyer during the first appearance examination<\/span>, inserts special provisions applicable to the prosecution, investigation and judgement of offences committed by legal persons<\/span>.<\/strong><\/p>\n

The entry into force of Law No. 1.534 is set for 1 May 2023<\/span>. However, transitional provisions regulate the application of its provisions on a case-by-case<\/span> basis (<\/strong>ongoing <\/strong>investigations, proceedings, etc.).<\/strong><\/p>\n

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SUMMARY:<\/span><\/strong><\/p>\n

The main purpose of Law No. 1.534 is to reform the pre-trial procedure<\/strong> (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.<\/strong><\/p>\n

Among its notable contributions<\/span>:<\/strong><\/p>\n

\u2022 Creation of the status of assisted witness (t\u00e9moin assist\u00e9)<\/span><\/em><\/span>;<\/span><\/em><\/strong><\/p>\n

\u2022 Organisation of the presence of the lawyer during the first appearance examination ‘interrogatoire de premi\u00e8re comparution)<\/span><\/em><\/span>;<\/span><\/em><\/strong><\/p>\n

\u2022 Strengthening of the adversarial process<\/span><\/span> and interaction<\/span> between the investigating judge, the civil parties and the defendants;<\/strong><\/p>\n

\u2022 Stricter supervision of searches<\/span> carried out at the homes of persons who are granted specific protection because of their professional activity;<\/strong><\/p>\n

\u2022 Possibility for the investigating judge to use geolocation<\/span> in the Principality;<\/strong><\/p>\n

\u2022 Time limit within which a request for nullity<\/span> may be made by the accused, the witness or the victim;<\/strong><\/p>\n

\u2022 Insertion of specific procedures applicable to the prosecution, investigation and judgment of offences committed by legal persons<\/span>;<\/strong><\/p>\n

\u2022 Adaptations made to the appeal for review<\/span> (pourvoi en r\u00e9vision)<\/em> with regard to equality of arms.<\/strong><\/p>\n

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Related publication:<\/strong><\/p>\n

Law No.1.533 of 9 December 2022: preliminary investigation, alternative measures to prosecution, police custody, free hearing<\/a><\/p><\/blockquote>\n