Code Henry

Except in the case of a flagrant offense, as prescribed by article 118, no warrant may be issued by the investigating judge except upon the conclusions of the king's prosecutor, to whom the investigation shall have been previously communicated.

If the accused is domiciled, and the act of which he is charged does not give rise to an afflictive penalty, the investigating judge shall issue against him a warrant or order of appearance; subject to, after having interrogated him, converting the warrant into such other as he deems appropriate.

If the accused does not appear, the investigating judge shall issue a warrant to bring.

The warrant to bring may be issued against a witness in the case of article 137.

The accused against whom a warrant of appearance has been issued shall be interrogated immediately; he who finds himself under a warrant to bring shall be interrogated within twenty-four hours at the latest.

The investigating judge, after having interrogated the accused and heard the king's prosecutor's written conclusions, may, if the act gives rise to an afflictive penalty, issue against the accused a warrant of arrest or decree of bodily seizure.

Warrants shall be signed by the judge who issued them, and bearing the seal of the jurisdiction.

The accused shall be named or described therein as clearly as possible, whether by his usual clothing, his height, or by external distinguishing features, if any are known.

The warrant of appearance shall be served by a bailiff, who shall show it to the accused, and deliver a copy to him.

Warrants to bring and warrants of arrest shall be delivered to the officers of the maréchaussée for execution, and shall be shown by them to the accused.

The accused against whom a warrant to bring has been issued shall be brought before the investigating judge, who shall order such measures as are appropriate.

The accused seized under a warrant of arrest shall be brought, without delay, to the ban du roi indicated by the warrant.

Such precautions as are deemed necessary to prevent the accused's escape shall be taken against him during transport.

The maréchaussée officer charged with executing the warrant shall deliver the accused to the director of the ban du roi, who shall give him a receipt;

He shall then deliver to the clerk's office of the seneschal court the documents, weapons, instruments, and effects seized from the accused, and shall obtain a receipt from the clerk.

The director's receipt and the clerk's receipt shall be shown to the investigating judge, who shall endorse and date them.

The accused of an offense that cannot give rise to an afflictive penalty may, after his interrogation, make a request for provisional release; this request shall be made by petition to the investigating judge, who shall submit it to the other judges; they may grant it, after examination of the proceedings, and upon the king's prosecutor's conclusions, observing however the formalities prescribed in the following chapter, and only in cases where there is a civil party.

Provisional release may not be granted to the accused of a crime carrying an afflictive penalty, or to one prosecuted at the request of the king's prosecutor without a civil party.

Whenever there is cause to grant provisional release, it may only be granted upon provision of a solvent surety, and the accused shall be required to appear at all acts of the proceedings; and for the execution of the judgment, upon any requisition made to him.

Provisional release with surety may be requested and granted at any stage of the proceedings.

Vagrants and persons with prior criminal convictions may not, in any case, obtain provisional release.

The request for provisional release shall be served upon the civil party, at their domicile or at the one they have elected.

The solvency of the surety shall be examined by the king's prosecutor and by the civil party, duly summoned.