France
Criminal investigations in France
Who conducts criminal investigations in France, under whose legal direction, and why "police judiciaire" names a function rather than a single agency.
Facts on this page were checked against their sources on .
Article 12 of the Code de procédure pénale states: "La police judiciaire est exercée, sous la direction du procureur de la République, par les officiers, fonctionnaires et agents désignés au présent titre." The judicial police function is exercised, under the direction of the procureur de la République, by the officers, officials and agents designated in that title of the code.
AnalysisTwo things follow from that single sentence. First, investigation is legally directed by a magistrate of the parquet, not organised as an independent police activity that a prosecutor later reviews. Second, who may exercise the function is a matter of legal designation, which is why the same function can be carried out by personnel from more than one institution.
The Ministry of Justice describes the prosecutor's role in the same terms: the procureur "directs the investigation" and has the necessary acts performed to identify and pursue those responsible for offences. The Ministry also records that the prosecutor exercises discretion over what happens next — including closing a case without further action, using an alternative to prosecution, sending a case to court, or referring a matter to an investigating judge.
The same idea, explained generally
- What is a criminal investigation?
A criminal investigation is a legally authorised process for establishing whether an offence occurred and gathering evidence that can be tested in court. This guide explains its structure, safeguards, and known failure modes.
- What is due process?
Due process is the requirement that the state follow fair, established procedures before it takes action against a person. This guide explains what it typically includes and how it differs between systems.
Sources
Sources
Article 12 du Code de procédure pénale
République française (Légifrance) · Legislation · 1958-04-08 · link verified 2026-07-24
Supports the exact wording that the police judiciaire is exercised 'sous la direction du procureur de la République' by the officers, officials and agents designated in that title. Légifrance records the provision as in force from 8 April 1958 and as scheduled for repeal by Ordonnance n° 2025-1091 of 19 November 2025 with effect from 1 January 2029; any citation must state that it is current law carrying a scheduled end date. Does NOT support any claim about which bodies those designated officers belong to, nor about investigative practice.
Ministère de la justice (France) · Government publication · link verified 2026-07-24
Supports: the definition of the parquet / ministère public; the 'magistrature debout' description and the siège/parquet distinction; the hierarchy from procureur général to procureur de la République; that parquet magistrates act 'sous l'autorité du ministre de la Justice' and receive 'des instructions générales du ministre de la Justice mais en aucun cas dans les dossiers judiciaires'; that they do not benefit from the guarantee of inamovibilité; and the prosecutor's direction of investigation and discretion over case outcomes. An official self-description of the formal rule. It does NOT establish that the rule is observed in practice, and cannot settle the contested question of prosecutorial independence in either direction.