Rights of the defence and issuance of permits to communicate

The Justice minister is reacting to the decision handed down by the Cour de cassation on 15 December 2021, which restricted the issue of permits to communicate to appointed lawyers only, to the exclusion of their partners and associates.

From now on, appointed or court-appointed lawyers will be able to request that the permit be issued in their name and that of any partners or associates they designate.

These provisions, which strengthen the rights of the defence, confirm and generalise the usual practices of many investigating firms.

JORF of 1 February 2022 – Decree no. 2022-95 of 31 January 2022 on the communication permit issued to a detainee’s lawyer.