When an investigating chamber overturns a dismissal order issued by the investigating judge and chooses to refer the case back to the latter without discussing the matter, it cannot impose guidelines on the conduct of the investigation, lest it exceed its authority.

In a recent case, the investigating chamber referred proceedings back to the investigating judge for further investigation and the indictment of certain individuals for aggravated manslaughter.

However, by doing so without discussing the case or ordering further investigation, the chamber violated articles 204, 205 and 207(2) of the code of criminal procedure.

This decision is in line with the established case law of the criminal division of the Court of Cassation, which states that the investigating chamber cannot refer the case back to the investigating judge with an order to place individuals under investigation (Cass. crim 25 juin 1996, n° 96-81.239, Bull. crim 1996, n° 272, p. 819 ; Cass. crim. 1er oct. 2024, n° 24-82.133 ).