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Book Va: General provisions

Article A53-2 of the French Code of Criminal Procedure

An advanced electronic signature based on a qualified certificate within the meaning of Article D. 589-3 is an advanced electronic signature, in accordance with Article 26 of Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/ EC, which is based on a qualified electronic signature certificate…

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Article A53-3 of the French Code of Criminal Procedure

The procedure for registering and recording identification and authorisation data for electronic signature processes made available to persons participating in the procedure within the meaning of Article 11, is, in the case of magistrates, military personnel and public officials, at the initiative and under the responsibility of the ministry to which they report or under whose supervision they are placed. In other cases, this procedure is placed under the control…

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Article A53-4 of the French Code of Criminal Procedure

The technical device referred to in Article D. 589-4 enables the handwritten signature of any person to be obtained, including any person taking part in the proceedings within the meaning of Article 11, in order to make it a digital image integrated into the body of one of the acts mentioned in the first paragraph of I of article 801-1. The collection in digital form of one or more handwritten…

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Article A53-5 of the French Code of Criminal Procedure

Is an advanced electronic seal with qualified certificate within the meaning of Article D. 589-5 an electronic seal in accordance with Article 36 of Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014, created using a qualified electronic seal creation device in accordance with Article 39 of that Regulation, and which is based on a qualified electronic seal certificate meeting the requirements of…

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Article A53-6 of the French Code of Criminal Procedure

The digital procedural file, defined in article D. 589-1, is archived in a secure electronic archiving system. This system guarantees the preservation, integrity, intelligibility and accessibility of the documents it contains, as well as the traceability of consultation, deposit, migration, deletion and extraction operations. The integrity of the documents stored in the electronic archiving system is attested by an electronic fingerprint, which guarantees that any subsequent modification to the document…

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Article A53-7 of the French Code of Criminal Procedure

The conversion into digital format of any document intended to be transmitted to the judicial authority or placed within the digital procedural file, is carried out under the responsibility of the latter and requires the use of a digitisation device ensuring a faithful reproduction of its form, content and colour. Any document converted into digital format by a person who is not authorised within the meaning of Article D. 589…

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Article A53-8 of the French Code of Criminal Procedure

Any procedural document in digital format may, if necessary, be printed out by the magistrates and registry agents assisting them, the national police services, the national gendarmerie units, the officials and agents exercising judicial police powers, the prison services or the judicial youth protection services in order to be handed over or transmitted in paper format. Documents that have been digitally signed within the meaning of Article D. 589-2 retain…

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Article A53-9 of the French Code of Criminal Procedure

Any public or private person authorised to transmit documents in digital format in accordance with the second paragraph of Article D. 589, must strictly comply with the terms and conditions set out in this authorisation. When this authorisation is issued to a lawyer or to the bar association to which he belongs, it must state: the means of telecommunication chosen, specifying the recipient’s electronic address and, where applicable, the secure…

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Article A53-10 of the French Code of Criminal Procedure

When the first president of the court of appeal decides to apply the provisions of article 802-3, he shall inform all the civil parties and their respective lawyers by any means. The latter must inform the court registry that they wish to receive the audio recording of the hearings at least eight days before the start of the hearings if they wish to benefit from this recording from the start…

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