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Article 706-37 of the French Code of Criminal Procedure

The Public Prosecutor shall notify the owner of the building, the lessor and the owner of the land where an establishment is operated in which the facts referred to in 2° of article 225-10 of the Penal Code and shall have the initiation of proceedings and the decision taken recorded in the commercial register and in the registers in which the securities are recorded. The procedures for applying this article…

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Article 706-38 of the French Code of Criminal Procedure

When the holder of the public house or restaurant licence or the owner of the business in which one of the establishments referred to in 2° of article 225-10 of the Penal Code is not prosecuted, the additional penalties provided for by Article 225-22 of the Penal Code may only be imposed, by special reasoned decision, if it is established that this person has been summoned at the behest of…

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Article 706-39 of the French Code of Criminal Procedure

The decision which, pursuant to Article 225-22 of the Penal Code, pronounces the confiscation of the goodwill orders the expulsion of any person who, directly or through an intermediary, holds, manages, operates, directs, operates, finances or contributes to financing the establishment. This same decision entails the transfer to the State of ownership of the confiscated business and entails subrogation of the State in all the rights of the owner of…

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Article 706-40 of the French Code of Criminal Procedure

In the event of an offence under 3° of article 225-10 of the Penal Code, the occupier and the person engaging in prostitution are jointly and severally liable for any damages that may be awarded for neighbourhood disturbance. Where the acts referred to in this article are practised on a regular basis, the lease may be terminated and the tenant, sub-tenant or occupant who engages in or tolerates prostitution may…

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Article 706-40-1 of the French Code of Criminal Procedure

People who are victims of one of the offences provided for in articles 225-4-1 to 225-4-6 and 225-5 to 225-10 of the Criminal Code, who have contributed by their testimony to the ascertainment of the truth and whose life or physical integrity is seriously endangered on national territory, may be subject as necessary to the protection intended to ensure their safety provided for in Article 706-63-1 of this code. The…

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Article 706-42 of the French Code of Criminal Procedure

Without prejudice to the rules of jurisdiction applicable when a natural person is also suspected or prosecuted, the following shall have jurisdiction: 1° The public prosecutor and the courts of the place where the offence was committed; 2° The public prosecutor and the courts of the place where the legal person has its registered office. These provisions are not exclusive of the possible application of the special rules of jurisdiction…

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Article 706-43 of the French Code of Criminal Procedure

The public prosecution is brought against the legal entity in the person of its legal representative at the time of the prosecution. The latter represents the legal entity in all acts of the proceedings. However, where proceedings for the same or related acts are brought against the legal representative, the latter may apply to the president of the judicial court for the appointment of a legal representative to represent the…

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