Secrecy and non-contradictory, the preliminary investigation remains, in our law, this irreconcilable procedure that resists the necessary exercise of the rights of the defence.
In this exclusive article, Kiril Bougartchev, partner, and Marie-Alix Danton, lawyer, analyse recent legal changes, particularly the 20 November 2023 law, which extends the length of investigations and delays access to the case file. The article highlights a growing imbalance in favour of the public prosecutor’s office, where the right to be heard only comes into play once the prosecution’s case has been established. This is an essential reflection on the possible abuses of the criminal procedure and the need to reaffirm the rights of the defence, published in the “Business Legal Review” n°52, 10 July 2025.