The Constitutional Council declared unconstitutional the failure of an expert appointed pursuant to the provisions of Article 77-1 of the Code of Criminal Procedure to notify the right to remain silent – a principle deriving from Article 9 of the Declaration of the Rights of Man and of the Citizen of 1789.
Since the expert is likely to obtain statements from the accused person he is examining that could incriminate him and be brought to the attention of the trial court, the contested provisions of article 77-1 of the Code of Criminal Procedure fail to meet the requirements of article 9 of the Declaration of 1789.
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Decision no. 2021-975 QPC of 25 February 2022