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At the end of their investigation, the investigating judge either refers the case to the trial court (ordonnance de renvoi) or issues an ordonnance de non-lieu (a "no-case" judgement).[1] The latter happens when the evidence gathered by the investigation does not justify further action. Non-lieu differs from classement sans suite, which results from a decision by the prosecutor's office not to prosecute a case based on the principle of prosecutorial discretion.
Non-lieu in criminal proceedings in France is provided for in Article 177-1 and following of the Code of criminal procedure.[2] Under the Ancien régime, it was called "dismissal from court" (French: mise hors de cour, lit. 'put out of court').[3]
