For the application of the first paragraph of Article 46 and article 48, the functions of the public prosecutor may also be performed by a judicial police officer belonging to the gendarmerie. For the application of the second paragraph of article 46, the duties of the public prosecutor may also be performed by the head of the administrative district or subdivision where the police court has its seat.
For the application of the provisions relating to police custody, when transport conditions do not allow the detained person to be brought before the competent magistrate, the criminal investigation police officer may order this person to report to him periodically, on condition that he immediately informs the competent magistrate. The latter will decide whether to release the detainee or to keep him or her in custody for a period that…
In the territory of French Polynesia, in the absence of a doctor on the island where the police custody is taking place, the examination provided for by Article 63-3 shall be carried out by a qualified nurse or, failing that, by a member of the public health auxiliary corps.
In New Caledonia, when police custody takes place outside the communes of Nouméa, Mont-Doré, Dumbea and Paita and it appears materially impossible for a lawyer to travel there, the powers vested in the lawyer by the articles 63-4 to 63-4-3 may be exercised by a person chosen by the person in police custody, who is not implicated for the same acts or for related acts and who has not been…
For the application of article 78-2-1 in the Wallis and Futuna Islands, French Polynesia and New Caledonia, references to provisions of the Labour Code are replaced by references to provisions having the same purpose in these collectivities.
In the Wallis and Futuna Islands, if, when the death certificate referred to in article 87 of the Civil Code, the identity of the deceased has not been established, authorisation to close the coffin may only be issued after execution, within a timeframe compatible with the timeframes governing burial and cremation, any requisitions issued by the Public Prosecutor for the purpose of carrying out the observations and operations necessary to…
For the application of article 88, legal aid must be understood to mean the legal aid or assistance scheme applicable locally.
The obligation for the civil party to declare an address to the investigating judge provided for by Article 89 means, for the overseas territories and New Caledonia, an address located in the territory where the information is taking place.
For the application of the second paragraph of Article 102, the court clerk may be appointed as interpreter for one of the languages in use in the territory. In this case, he is exempt from the oath. .
The obligation for the person under investigation to declare an address to the investigating judge provided for in the sixth paragraph of Article 116 means an address situated in the territory where the investigation is taking place.
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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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