The true facts of a case are mainly determined during the investigations carried out by the judicial police as part of the criminal proceedings. The judicial police (which comprises mainly the national police and the national gendarmerie) works closely with the Public Prosecutor during the investigations and with the judges during the judicial investigation. The prosecutor and judges define the missions of the judicial police and order certain measures restraining freedoms.
The judicial police have an investigative role. Firstly, it establishes the offence and receives the victim’s complaint, which it forwards to the Public Prosecutor. Then it investigates the case by searching for evidence and identifying alleged perpetrators. This involves arrests, police custody, expert reports, search and entries, and witness statements, all within a legal framework that respects individual freedoms. Finally, the prosecutor determines how the case is to be followed up.