For the purposes of investigating offences defined in Articles L. 465-1 to L. 465-3-3 and acts that may be classified as property offences and sanctioned by the Enforcement Committee of the Autorité des marchés financiers pursuant to Article L. 621-15, the liberty and custody judge of the judicial court in whose jurisdiction the premises to be visited are located may, at the reasoned request of the Secretary General of the Autorité des marchés financiers, authorise by order the investigators of the authority to visit any premises and to seize documents and obtain explanations from persons questioned on site, under the conditions and in accordance with the procedures referred to in Articles L. 621-10 and L. 621-11.
Where the premises visited are located within the jurisdiction of several courts and simultaneous action must be taken in each of them, a single order may be issued by one of the competent liberty and custody judges.
The judge must check that the request for authorisation submitted to him or her is well-founded; the request must include all the information in the Authority’s possession that is likely to justify the visit. The judge shall designate the judicial police officer responsible for attending these operations and keeping him/her informed of their progress. Where the operations take place outside the jurisdiction of the court hearing the case, the liberty and custody judge may visit the premises, regardless of their location on national territory.
The order referred to in the first paragraph shall state that the occupant of the premises or his representative may call upon counsel of his choice. Exercising this option does not suspend the inspection and seizure operations. The time limit and appeal procedure are specified in the order.
The order is notified orally and on the spot at the time of the visit to the occupier of the premises or to his representative, who receives a full copy against receipt or in the form of the report provided for in the eleventh and twelfth paragraphs of this article. In the absence of the occupier of the premises or his representative, the order is notified, after the visit, by registered letter with acknowledgement of receipt. Notification is deemed to have been made on the date of receipt shown on the notice. If the order is not received, it will be served by a bailiff. A copy of the order is sent by registered post with acknowledgement of receipt to the alleged perpetrator of the offences referred to in the first paragraph.
The order referred to in the first paragraph is enforceable on the basis of the original document alone. This order may be appealed before the First President of the Court of Appeal or his delegate in whose jurisdiction the judge authorised the measure. The parties are not required to constitute a lawyer. In accordance with the rules set out in the Code of Civil Procedure, this appeal must be lodged exclusively by means of a declaration delivered or sent by registered post or, from 1 January 2009, by electronic means, to the court registry within a period of fifteen days. This period runs from the date of delivery, receipt or service of the order. This appeal does not have suspensive effect. The clerk’s office of the judicial court shall without delay transmit the case file to the clerk’s office of the court of appeal where the parties may consult it. The order of the First President of the Court of Appeal may be appealed to the Court of Cassation in accordance with the rules set out in the Code of Civil Procedure. The deadline for lodging an appeal is fifteen days.
The visit is carried out under the authority and control of the judge who authorised it. The judge may visit the premises during the visit. He may decide to suspend or stop the visit at any time.
The visit may not begin before 6 p.m. or after 11 p.m.; in premises open to the public, it may also begin during the establishment’s opening hours. The visit shall be conducted in the presence of the occupier of the premises or his representative; if this is not possible, the criminal investigation officer shall call two witnesses chosen from persons other than those under his authority or that of the Authority.
Only the Authority’s investigators, the occupier of the premises or his representative and the judicial police officer may inspect the documents before they are seized.
The judicial police officer shall ensure that professional secrecy and the rights of the defence are respected in accordance with the provisions of the third paragraph of article 56 of the Code of Criminal Procedure. Article 58 of this Code is applicable.
When the home visit is carried out in a lawyer’s chambers or at his or her home, on the premises of a press or audiovisual communication company, or in the chambers of a doctor, notary or bailiff, the provisions of articles 56-1, 56-2 or 56-3 of the Code of Criminal Procedure, as applicable, are applicable.
The Authority’s investigators will immediately draw up a report on the visit, describing how the operation was carried out. An inventory of the items and documents seized is appended to the report. The report and the inventory shall be signed by the Authority’s investigators, the judicial police officer and the persons referred to in the sixth paragraph of this Article; if they refuse to sign, this shall be noted in the report. If the on-site inventory presents difficulties, the items and documents seized shall be placed under seal. The occupier of the premises or his representative shall be informed that he may attend the opening of the seals, which shall take place in the presence of the judicial police officer; the inventory shall then be drawn up.
The First President of the Court of Appeal within whose jurisdiction the judge authorised the measure hears appeals against the conduct of the search or seizure operations authorised pursuant to the first paragraph. The minutes and the inventory drawn up at the end of these operations shall mention the time limit and the means of appeal. The parties are not required to appoint a lawyer. In accordance with the rules set out in the Code of Civil Procedure, this appeal must be lodged exclusively by declaration delivered or sent by registered post or, from 1st January 2009, by electronic means to the court registry within a period of fifteen days. This period runs from the date of delivery or receipt of either the minutes or the inventory. This appeal does not have suspensive effect. The First President’s order may be appealed to the Court of Cassation in accordance with the rules set out in the Code of Civil Procedure. The time limit for an appeal to the Supreme Court is fifteen days.
As soon as they have been drawn up, the originals of the inspection report and the inventory are sent to the judge who issued the order; a copy of these same documents is given to the occupier of the premises or his representative, or in their absence, sent by registered letter with acknowledgement of receipt to the occupier of the premises and, where applicable, to the person covered by the authorisation given in the order mentioned in the first paragraph of this article who may have committed an offence or an act mentioned in the same first paragraph. If these documents are not received, they will be served by a bailiff. These documents shall state the time limit and the means of appeal.
Any documents no longer required to establish the truth shall be returned to the occupier of the premises.