Call Us + 33 1 84 88 31 00

Article R40-49 of the French Code of Criminal Procedure

The data and information mentioned in 1°, 2°, 4° and 5° of Article R. 40-46, following investigations carried out pursuant to articles R. 40-43-1 and R. 40-43-2, are placed under seal and kept within the data processing system until expiry of the statute of limitations for public prosecution. They may only be accessed by the magistrate in charge of the proceedings and the staff he has authorised to access them….

Read More »

Article R40-51 of the French Code of Criminal Procedure

The national platform for judicial interception is implemented by a department with national competence reporting to the Minister of Justice, called the “Agence nationale des techniques d’enquêtes numériques judiciaires” (National Agency for Judicial Digital Investigation Techniques). This department is headed by a judicial magistrate and reports to the Secretary General of the Ministry of Justice. The National Agency for Judicial Digital Investigation Techniques is responsible for compiling and storing the…

Read More »

Article R40-52 of the French Code of Criminal Procedure

The magistrates, civil servants and agents of this ministry responsible for the operation, maintenance and upkeep of the national platform for judicial interception as well as the persons to whom services detachable from the judicial purposes of the processing may be entrusted by contract are authorised at Secret level. They are subject to professional secrecy under the conditions and penalties set out in article 226-13 of the Criminal Code.

Read More »

Article R40-53 of the French Code of Criminal Procedure

The national platform for judicial interception is placed under the control of a qualified personality, appointed for a non-renewable period of five years by order of the Minister of Justice, and assisted by a committee of five members. The National Agency for Judicial Digital Investigation Techniques, at its request, sends it all information relating to the processing. The Agence Nationale des Techniques d’Enquêtes Numériques Judiciaires (National Agency for Judicial Digital…

Read More »

Article R40-54 of the French Code of Criminal Procedure

The committee referred to in the previous article comprises: a) A senator and a deputy respectively chosen by the president of the Senate, after each partial renewal of the Senate, and by the president of the National Assembly, for the duration of the legislature, on the proposal of the competent committee of each assembly; b) An honorary judge of the Court of Cassation, appointed for a non-renewable term of five…

Read More »

Article R40-55 of the French Code of Criminal Procedure

In accordance with the dispositions de l’article 111 de la loi n° 78-17 du 6 janvier 1978 modififiée relative à l’informatique, aux fichiers et aux libertés, l’accès aux données mentionnées à l’article R. 40-46 and the conditions for their rectification or deletion are governed by the provisions relating to access to the criminal proceedings file contained in the code de procédure pénale. With regard to the persons mentioned in article…

Read More »

Contact a French lawyer now

Contact a French Business Lawyer

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.

Useful links

You have a question in French Business Law?

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.