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T Perrin C
T Perrin C, Consultant: information en droit du travail
Category: French Law
Satisfied Customers: 1412
Experience:  8 years as a Senior judge at Paris Conseil de Prud'hommes (Paris Industrial Tribunal)
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What would be the equivalent steps in US Criminal procedure

Customer Question

What would be the equivalent steps in US Criminal procedure for french "Mise en examen" and "temoin assisté " ?
Submitted: 4 years ago.
Category: French Law
Expert:  T Perrin C replied 4 years ago.
Although the closest equivalent to Mise en examen is definitely indictment, Témoin assisté does not have a real equivalent in the US criminal procedure.... It is a half-way step in which a person against whom no charges can be yet brought but who is questioned in relation to a misdemeanor, a felony or a crime in which he/she may have played a part.
This was introduced in the criminal procedure code in 1987 to avoid indicting directly too many persons before a case can be investigated properly, and yet guaranteeing their rights by allow them to be assisted by a lawyer during all procedural acts.
Customer: replied 4 years ago.

Thank you but if so, how would you transalte "incupaltion" which, in my mind, is an indictment.

Customer: replied 4 years ago.

I have Already replied : Indictement would rather be inculpation.
Expert:  T Perrin C replied 4 years ago.
Inculpation does not exist any more in the French criminal procedure. It has been replaced by Mise en examen.