A technical device may be set up for the purpose, without the consent of the persons concerned, of capturing, fixing, transmitting and recording words spoken by one or more persons in a private or confidential capacity, in private or public places or vehicles, or the image of one or more persons in a private place. .
During the investigation, in order to set up the technical device mentioned in article 706-96, the liberty and custody judge may authorise entry into a vehicle or private place, including outside the hours provided for in Article 59, without the knowledge or consent of the owner or possessor of the vehicle or the occupier of the premises or any person holding a right over them. These operations, which may have…
The decision authorising use of the device referred to in Article 706-96 includes all the information needed to identify the vehicles or private or public places targeted, the offence for which the measures were taken and the duration of the measures.
Officers or agents of the judicial police or qualified agents responsible for carrying out the operations provided for in Article 706-96 are authorised to hold, for this purpose, devices falling within the provisions of article 226-3 of the Penal Code.
A technical device may be set up for the purpose, without the consent of the persons concerned, of accessing, recording, retaining and transmitting computer data in any place, as stored in a computer system, as displayed on a screen for the user of an automated data processing system, as entered by the user by typing characters or as received and transmitted by peripheral devices. The public prosecutor or investigating judge…
On pain of nullity, the decision authorising the use of the device referred to in Article 706-102-1 specifies the offence giving rise to the operations, the exact location or detailed description of the automated data processing systems and the duration of the operations.
With a view to setting up the technical device referred to in Article 706-102-1, the liberty and custody judge, at the request of the public prosecutor, or the investigating judge may authorise entry into a vehicle or private place, including outside the hours provided for in article 59, without the knowledge or consent of the owner or possessor of the vehicle or the occupier of the premises or any person…
In the event of an investigation being opened for one of the offences falling within the scope of articles 706-73,706-73-1and 706-74 and in order to guarantee payment of the fines incurred and, where applicable, compensation for victims, the liberty and custody judge, at the request of the public prosecutor, may order, at the advanced expense of the Treasury and in accordance with the procedures laid down by civil enforcement procedures,…
[Provisions declared unconstitutional by Constitutional Council decision no. 2004-492 DC of 2 March 2004.] [Provisions declared unconstitutional by Constitutional Council decision no. 2004-492 DC of 2 March 2004.
When, in the course of the investigation, the provisions of articles 706-80 to 706-95, a person who has been in police custody six months previously and who has not been prosecuted may ask the public prosecutor in whose jurisdiction the police custody took place about the outcome of the investigation or the outcome that may be given. This request is made by registered letter with acknowledgement of receipt. When the…
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
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
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
Resources
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
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.
