Article 706-46 of the French Code of Criminal Procedure
The special provisions applicable to the service of documents on legal persons are set out in Title IV of Book II.
The special provisions applicable to the service of documents on legal persons are set out in Title IV of Book II.
This Title shall apply to proceedings concerning the following offences: 1° Crimes of murder or assassination provided for in articles 221-1 to 221-4 of the Penal Code, when committed on a minor or when committed in a state of legal recidivism; 2° Crimes of torture or acts of barbarism provided for in articles 222-1 to 222-6 of the same code and crimes of violence against a minor of fifteen years…
Persons convicted of one of the offences mentioned in the article 706-47 may be subject to a treatment order imposed either at the time of their conviction, as part of a socio-judicial follow-up, in accordance with article 131-36-4 of the Criminal Code, or subsequent to this, as part of this monitoring, conditional release, judicial supervision or security supervision, in accordance with the articles 706-53-19, 723-30, 723-37, 731-1, 763-3 et 763-8…
The judicial police officer, acting in the course of an investigation or on the basis of a letter rogatory, may proceed against any person against whom there is serious or corroborating evidence of having committed rape, sexual assault or sexual molestation as provided for in the articles 222-23 to 222-26 and 227-25 to 227-27 of the Penal Code, to a medical examination and blood test to determine whether that person…
I.-Notwithstanding I of Article 11-2, the Public Prosecutor shall inform the administration in writing of a conviction, even if not final, for one or more of the offences mentioned in II of this article, handed down against a person whose professional or social activity involving habitual contact with minors has been established in the course of the investigation or enquiry and the exercise of which is controlled, directly or indirectly,…
Minors who are victims of one of the offences mentioned in Article 706-47 may be the subject of a medical-psychological assessment designed to assess the nature and extent of the harm suffered and to establish whether this makes appropriate treatment or care necessary. Such an assessment may be ordered at the investigation stage by the public prosecutor.
The public prosecutor or investigating judge shall inform the children’s judge without delay of the existence of proceedings concerning a minor who is the victim of one of the offences mentioned in Article 706-47 and provide him/her with all relevant documents, where educational assistance proceedings have been opened in respect of the minor who is the victim of this offence.
The public prosecutor or examining magistrate, seised of acts committed voluntarily against a minor, appoints an ad hoc administrator when the minor’s interests are not fully protected by his or her legal representatives or by one of them. The ad hoc administrator ensures the protection of the minor’s interests and, if necessary, exercises the rights of a civil party on the minor’s behalf. If a civil party is formed, the…
The ad hoc administrator appointed pursuant to the previous article shall be appointed by the competent magistrate, either from among the child’s relatives, or from a list of persons whose constitution procedures shall be laid down by decree in the Conseil d’Etat. This decree also specifies the conditions for their compensation.
Any minor who is the victim of one of the offences mentioned in Article 706-47 shall be assisted by a lawyer when heard by the investigating judge. If the minor’s legal representatives or ad hoc administrator fail to appoint a lawyer, the judge immediately notifies the President of the Bar so that he can appoint a lawyer ex officio. The provisions of article 114 shall apply to this lawyer in…
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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