Book IV: Some special procedures

The automated national judicial file of perpetrators of terrorist offences is an automated application of nominative information maintained by the national criminal records department under the authority of the Minister of Justice and the supervision of a magistrate. In order to prevent the repetition of the offences referred to in Article 706-25-4 and to facilitate the identification of their perpetrators, this processing receives, stores and communicates to authorised persons the…

When they concern one or more of the offences mentioned in articles 421-1 to 421-6 of the Penal Code as well as the offences mentioned in articles L. 224-1 et L. 225-7 of the Internal Security Code, information relating to the identity as well as the address or successive addresses of the home and, where applicable, residences of persons who have been the subject of : 1° A conviction, even…

The competent public prosecutor shall immediately record the information to be included in the file by means of a secure electronic communication system. However, in the event of the file being consulted, this information will only be accessible after the identity of the person concerned has been verified, where possible, by the service managing the file on the basis of the national identification register. When they become aware of the…

Without prejudice to the application of articles 706-25-11 and 706-25-12, the information mentioned in Article 706-25-4 concerning the same person shall be removed from the file on the death of the person concerned or on expiry, as from the pronouncement of the decision provided for in the same Article 706-25-4, of a period of : 1° Twenty years in the case of an adult; 2° Ten years in the case…

Any person whose identity is recorded in the file is subject, as a security measure, to the obligations set out in this article. The person is required to: 1° Provide proof of his or her address, a first time after receiving information about the measures and obligations mentioned in the second paragraph of Article 706-25-8, and then every three months; 2° To declare any changes of address, within fifteen days…

Any person whose identity is recorded in the file is informed of this by the judicial authority either by personal notification, or by registered letter with acknowledgement of receipt sent to the last declared address, or, failing this, by the use of force by the judicial police officer, with the prior authorisation of the public prosecutor. The person is then informed of the measures and obligations to which he or…

The information contained in the file shall be directly accessible, via a secure electronic communications system: 1° To the judicial authorities; 2° To criminal investigation officers, in the context of proceedings concerning one of the offences provided for in articles 421-1 to 421-6 of the Criminal Code or articles L. 224-1 and L. 225-7 of the Internal Security Code, and for the exercise of the due diligence provided for in…

In accordance with the procedures specified by the decree provided for in article 706-25-14, the file manager directly notifies the Ministry of the Interior, which immediately forwards the information to the relevant departments, in the event of a new registration, a change of address concerning a registration, information about a departure abroad, a move to France or when the person has not provided proof of address within the required timeframe….

Any person providing proof of their identity shall, upon request to the public prosecutor at the judicial court in whose jurisdiction they reside, be provided with all the information concerning them contained in the file. The third to penultimate paragraphs of Article 777-2 then apply.

Any person whose identity is recorded in the file may ask the public prosecutor to rectify or order the deletion of information concerning him or her if the information is not accurate or if its retention no longer appears necessary given the purpose of the file, with regard to the nature of the offence, the age of the person when it was committed, the time that has elapsed since then…