Title XII: General provisions

Any procedural document, drawn up or converted into digital format pursuant to the first paragraph of Article 801-1, may be transmitted or consulted by persons authorised in accordance with the provisions of this code. The national police force, national gendarmerie units, civil servants and agents exercising judicial police powers, prison and youth judicial protection services and, with express authorisation, any public or private person, may draw up, convert and transmit…

The digital procedural file provided for in the second paragraph of I of Article 801-1 is made up of the documents mentioned in the first paragraph of this article received, drawn up or converted by the magistrates and registry officers who assist them. The conservation and archiving of this file and the procedural documents that make it up are placed under the responsibility of the Ministry of Justice, without prejudice…

The electronic signature and the handwritten signature collected in digital form constitute signature processes in digital form within the meaning of the third paragraph of I of Article 801-1 . Where there is no requirement for the signatory to be personally identified in the document, the electronic seal is treated as a digital signature process. Any person, including those involved in the proceedings within the meaning of Article 11, may…

An electronic signature shall be validly affixed only by the use of a process that enables the signatory to be identified, guarantees the link between the signature and the document to which it relates and ensures the integrity of that document. This signature must be at least of an advanced level based on a qualified certificate, within the meaning of Regulation (EU) No 910/2014 of the European Parliament and of…

A handwritten signature collected in digital form is affixed by means of a technical device, after the signatory has become aware of the document in digital format. It is validly affixed only if, subsequent to its collection, an electronic signature is affixed to the document by a person participating in the proceedings within the meaning of Article 11, or if the secure device referred to in article R. 49-1. If…

The electronic seal may be used, under the condition laid down by Article D. 589-2, in place of the electronic signature provided for in article D. 589-3, including where it is affixed after a handwritten signature collected in digital format pursuant to Article D. 589-4. This electronic seal must be of an advanced level with a qualified certificate within the meaning of Regulation (EU) No 910/2014 of the European Parliament…

The exemptions provided for in II of Article 801-1 are applicable to any procedural document in digital format available to the judicial authority as well as those intended to be transmitted to it. The magistrate under whose direction the investigation is conducted may decide not to include in the digital procedural file the documents, multimedia content or data transmitted to him by the service, unit or person mentioned in the…

The procedures for applying the provisions of this section shall be specified by order of the Keeper of the Seals, Minister of Justice, and the Minister of the Interior. .