Book IV: Some special procedures

The automated national judicial file of perpetrators of sexual or violent offences constitutes an automated application of nominative information maintained by the 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 mentioned in article 706-47 and to facilitate the identification of their authors, this processing receives, stores and communicates to authorised persons the…

Where they concern, subject to the provisions of the last paragraph of this Article, one or more of the offences mentioned in Article 706-47, information relating to the identity as well as the address or successive addresses of the domicile and, where applicable, residences, of the persons who have been the subject of : 1° A conviction, even if not yet final, including a conviction in absentia or a conviction…

The public prosecutor or the competent investigating judge shall have the information to be included in the file recorded without delay via a secure means of telecommunication. However, this information will only be accessible when the file is consulted 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…

Without prejudice to the application of the provisions of articles 706-53-9 and 706-53-10, the information mentioned in Article 706-53-2 concerning the same person shall be removed from the file on the death of the person concerned or on expiry, from the date of delivery of the decision provided for in the same Article 706-53-2, of a period of : 1° Thirty years in the case of a felony or misdemeanour…

Any person whose identity is recorded in the file shall be subject, as a security measure, to the obligations set out in this article. The person is required, either, if he or she resides abroad, to contact the file manager, by registered letter with acknowledgement of receipt, or the police station or gendarmerie of his or her place of residence, by registered letter with acknowledgement of receipt or by attending…

Any person whose identity is recorded in the file is informed of this by the judicial authority, either by notification in person, or by registered letter sent to the last declared address, or, failing this, by the use of force publique 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 they are subject pursuant…

The information contained in the file shall be directly accessible, via a secure telecommunications system: 1° To the judicial authorities; 2° To officers of the judicial police, in the context of proceedings concerning a crime of wilful bodily harm, kidnapping or unlawful confinement, or an offence referred to in Article 706-47 and for carrying out the procedures provided for in Articles 706-53-5 et 706-53-8 ; 3° To prefects and State…

Under terms specified by the decree provided for in article 706-53-12, the file manager shall directly notify the Ministry of the Interior, which shall immediately forward the information to the competent police or gendarmerie services, in the event of a new entry or change of address concerning an entry or when the person has not provided proof of address within the required timeframe. It shall directly notify the service managing…