We, Leader Investigation Agency:

Are experienced in investigation techniques and master the legal and legislative frameworks for private investigations. As well as, in the verification and collection of evidence of its criminal justice proceedings.

Our agency develops for its clients, lawyers and individuals, investigations and investigations tailored to their problems, particularly in the context of criminal investigations and support for legal actions.

The investigations of the police or gendarmerie could not help to exculpate you, it lacks concrete evidence in your file?

It is possible for us to intervene in close collaboration with your lawyer, in order to restore the truth of the facts.

Thus, we represent the last resort for all litigants confronted with the malfunctions and errors of the judicial institution:

- before any legal proceedings to support a complaint with civil party,
- during a preliminary inquiry,
- during an instruction,
- after the closure of an instruction,
- after a call,
- after a classification without continuation,
- after the rejection of an appeal on points of law to support a petition for pardon or a petition for review.

The study and in-depth analysis of files, the hearing of witnesses and the search for any evidence, timings and reenactments will be part of our objectives.

We also carry out expertises, counter-expertises, or expert checks (writing, stains, fingerprints, traces, ballistics, psychiatric reports, autopsies, toxicological analyzes).

We establish calls for witnesses, representations and interventions with the Chancery (Criminal Affairs and Pardons Directorate and Sentence Enforcement Branch), communications (press conferences, mobilization of support committees and awareness of personalities), the organization of various events, active participation in the trials (correctional courts, assize courts). Determination and establishment of summons lists, issuance of reports and reports admissible in all jurisdictions.

Thus, the Leader Investigation Agency offers you as a whole the purpose of the investigation and the counter-investigation and also some articles of law to refer to.

 

Art. 192 Investigation measures against third parties not involved in the proceedings
1- The investigative measures against third parties are regulated according to the provisions of art. 19 to 50 of the federal law of March 22, 1974 on administrative criminal law1. Is excluded the provisional arrest according to art. 19, al. 3, of the federal law of March 22, 1974 on the administrative criminal law.
2- Are reserved the provisions of art. 127 to 129 on the obligation made to the third party to give certificates, information and information. The Federal Tax Administration can repress the violation of these obligations by the imposition of a fine according to art. 174. The threat of the fine will be served in advance.
3- Persons heard as witnesses under ss. 41 and 42 of the federal law of March 22, 1974 on the administrative criminal law can be invited to produce documents and other objects in their possession which are likely to clarify the facts. If a witness refuses to do so without one of the reasons for refusing to testify mentioned in ss. 168, 169, 171 and 172 CPP2, the tax authority will inform him that he incurs the penalty provided for in art. 292 of the penal code3; he may therefore be referred, where appropriate, to the criminal court for failure to comply with a decision of the authority.4

Art. 32
A. Defender
I. Designation
1- The accused may, in any event, have a defense lawyer.
2- Are admitted as professional defenders in the procedure before the administration:
a. patent lawyers practicing in a canton;
b. representatives of professions approved by the Federal Council, under certain conditions, to assume the defense in administrative criminal matters.
Exceptionally and subject to reciprocity, the administration may also admit a foreign defender.
4- The authority may require the defender to justify his powers by producing a written power of attorney.

Art. 35
C. Participation in the administration of evidence
1- The investigating officer authorizes the accused and his defense counsel to participate in the administration of the evidence, provided that the law does not exclude their participation and that no essential interest, public or private, precludes it.
2- The investigating officer may prohibit the accused and his defense counsel from participating in the taking of evidence when their presence impedes the investigation.

Art. 36
D. Consulting parts
The art. 26 to 28 of the Federal Act of 20 December 1968 on the administrative procedure1 are applicable by analogy.
Art. 38
B. Minutes
1- The opening of the investigation, its conduct and the essential findings must be recorded in the official file.
2- The minutes of the hearing shall be drawn up forthwith and the accuracy thereof shall be confirmed, immediately after the closing of the hearing, by the signature of the person heard, as soon as he has been informed of it, and by the person the investigating officer; if the signature of the person heard is missing, the reason must be indicated.
3- The record of another investigative act shall be drawn up as soon as possible, not later than the first following working day; its accuracy must be confirmed by the signature of the investigating official.
4- Minutes shall indicate the place and date of the act of inquiry and the names of those who participated in it. He distinguishes between the investigator's personal findings and the communications received from third parties.

Art. 39
C. Hearings; news
I. Indicted
1- The accused is first asked to disclose his name, age, profession, place of origin and place of residence.
2- The investigating officer shall inform the accused of the fact imputed to him. He invites him to explain the charge and to state the facts and evidence in his defense.
3- If this is not his first interrogation, the accused may request that his defense counsel attend; he has the right to ask supplementary questions through the investigating official.
4- If the defendant refuses to answer, mention is made in the file.
5- The investigating officer shall not allow himself any coercion, threat or promise, any indication contrary to the truth, or any question of captiousness or any other similar process.

 

II. information The investigating officer may request oral or written information or draw up a report of the hearing of persons heard for information purposes; if the person heard has the right to refuse his testimony, he must inform the person that he is not obliged to answer.

 

III. witnesses

1- If it is not possible to elucidate the facts sufficiently in another way, witnesses may be heard.

2- Art. 163 to 166 and 168 to 176 CPP1 and art. 48 of the Federal Act of 4 December 1947 on Federal Civil Procedure2 apply by analogy to the hearing and compensation of witnesses; if a witness refuses, without legitimate reason, to make a statement that has been requested by reference to art. 292 of the Penal Code3 and under the threat of the penalties provided for therein, he will be referred to the criminal court for disobedience to this decision. 4

3- The accused and his defense counsel have the right to attend the hearing of the witnesses and to ask additional questions through the investigating officer.

Art. 42
IV. Quote and warrant
1- As a rule, accused persons and witnesses are summoned in writing to appear. They must be informed of the legal consequences of the defect.
2- If a person regularly cited fails without reasonable excuse, he or she may be brought by the police. The investigating official awards the warrant to bring in writing.
3- The costs resulting from the defect may be borne by the person who has failed without excuse.

D. Expertise
1- Experts may be called if the finding or assessment of facts requires special knowledge.
2- The opportunity must be offered to the accused to express himself on the choice of experts and on the questions to ask them.1 Moreover, ss. 183 to 185, 187, 189 and 191 CPP2 and art. 61 of the Federal Act of 4 December 1947 on Federal Civil Procedure3 applies by analogy to the appointment of experts and to their rights and duties.

 

 

 

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