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Title XXIII: Use of means of communication during proceedings

Article D47-12-2 of the French Code of Criminal Procedure

For the application by the investigating judge or the liberty and custody judge of the provisions of Article R. 53-37 providing for the statements of persons heard at several points in the territory to be transcribed into different minutes, this shall be done in one of the two ways provided for in this article. Or two minutes shall be drawn up simultaneously, one by the magistrate and his clerk on…

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Article D47-12-3 of the French Code of Criminal Procedure

When the procedure of simultaneous countersignatures is applied, the minutes are signed by the magistrate and his clerk, then transmitted by fax or electronic means to the place where the person heard is present, to be signed by that person alone. This document is immediately returned to the magistrate using the same procedure. The original of the document signed by the person heard is then transmitted by any means to…

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Article D47-12-4 of the French Code of Criminal Procedure

Where a means of telecommunication is used in relation to pre-trial detention in accordance with the provisions of the third paragraph of Article 706-71, the order made by the liberty and custody judge is read out to the person by the audiovisual means of communication. A note of this formality is made in the minutes of the hearing. The order is sent by fax or electronic means of communication to…

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Article D47-12-5 of the French Code of Criminal Procedure

When a means of telecommunication is used before a trial court or before the investigating chamber, mention of its use is made in the notes for the hearing and in the decision handed down. If the decision is handed down immediately, the reading of the operative part is given to the person by means of audiovisual communication. If the decision is taken under advisement and is handed down at a…

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Article D47-12-6 of the French Code of Criminal Procedure

The report drawn up in each of the places pursuant to the provisions of the first paragraph of Article 706-71 is a record of technical observations including, in particular, a mention of the equipment test and the start and end times of the connection. It may be drawn up and signed by a court official or civil servant designated by the chief clerk or by a prison official designated by…

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