Criminal investigation

The investigation runs from the learning of a suspected crime until acceptance of the indictment. It is conducted by the public prosecutor, with the police acting on the prosecutor's instructions. Its purpose is to test the allegations and determine whether the evidence suffices to bring a case.

The prosecutor must gather evidence both against and in favour of the suspect. Statements, inspections, searches, seizures and expert examinations are the acts of this phase, while measures touching fundamental rights, such as detention and search warrants, require a decision of the criminal judgeship of peace. The phase is in principle confidential, though defence counsel may examine the file unless a restriction order exists.

At its close the prosecutor issues an indictment where sufficient suspicion exists, or a non-prosecution decision where it does not. Because statements given and evidence collected here largely determine the trial's fate, participating from the outset with defence counsel is critical for both suspect and victim.