If the request is granted, the public prosecutor may, within ten days, contest the decision before the president of the investigating chamber. This challenge suspends the execution of the decision.
The President of the Examining Magistrate’s Court, after requesting the Public Prosecutor’s written submissions, makes a reasoned order within three months. This order is notified to the public prosecutor or the investigating judge and, by registered letter with acknowledgement of receipt, to the interested party. It may only be appealed to the Supreme Court if it does not satisfy, in form, the essential conditions for its legal existence.
If the requests provided for in article 706-25-12, the public prosecutor shall inform the department managing the file of the decision, which shall proceed without delay, depending on the case, to erase or rectify the data or to record the new justification requirement in the file. The public prosecutor shall inform the department managing the file of the decision, which shall proceed without delay, depending on the case, to erase…
Persons entered in the file pursuant to the first paragraph of B of II of article 19 de la loi n° 2015-912 du 25 juillet 2015 may apply to the juge des libertés et de la détention for the deletion of information concerning them within ten days of being notified of its registration. In this case, the time limits and procedural rules in this section shall apply.
The file shall retain for a period of three years information relating to the recordings and interrogations to which it is subject, specifying the capacity of the person or authority who carried out the operation. This information may only be consulted by the magistrate in charge of the department managing the file or, with his authorisation, by persons authorised by him. It may be used for statistical purposes.
The department managing the file shall proceed with the deletion of the data entered therein: a) On expiry of the time limits laid down in Article 706-25-6 ; b) When informed of one of the decisions mentioned in the penultimate paragraph of Article 706-25-6; c) When informed of the person’s death; d) When informed of a decision to erase taken pursuant to Article 706-25-12. The department managing the file shall…
The examining magistrate, or his clerk, shall proceed with the deletion of the data entered in the file in the event of a decision to dismiss, cease or discharge the registration in the file.
The magistrates of the public prosecutor’s office and any public prosecutor’s office official authorised by the public prosecutor exercise the powers granted to this magistrate for the application of this chapter. The same shall apply to those recognised to the department managing the file, for magistrates placed under its authority and civil servants authorised by it.
For decisions handed down by the appeal courts or, where applicable, by the assize courts, the powers recognised in this chapter to the investigating judge or his clerk are exercised by the president of the investigating chamber or the clerk of that chamber. Those granted to the public prosecutor are exercised by the public prosecutor, the magistrates of the public prosecutor’s office and any official of the public prosecutor’s office…
The recording of personal data in the file is carried out directly by authorised or empowered persons. The file is recorded and consulted using secure telecommunications. The transmission of data between the department managing the file and the Ministry of the Interior is carried out by secure IT means.
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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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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