In ‘the first instance’, two specific judges may participate in the
criminal process during the investigative phase of a case. If the case
is complicated or if the offence is serious (a requirement for some
offences), an investigating judge (juge d’instruction) is involved in
tracing the suspect, inspecting the evidence and deciding whether
matters should be referred to a court. In addition to the investigating
judge, a liberty and custody judge (juge des libertés et de la
détention) decides upon the preliminary detention of suspects during
the preliminary proceedings.
According to the gravity of the offence as provided for by the
Criminal Code and according to the Criminal Procedure Code, a
person charged with a criminal offence can be judged by 148