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Title XV: Prosecution, investigation and trial of acts of terrorism

Article 706-16 of the French Code of Criminal Procedure

The acts of terrorism incriminated by Articles 421-1 to 421-6 of the Penal Code, as well as related offences, shall be prosecuted, investigated and judged according to the rules of this Code subject to the provisions of this Title. These provisions shall also apply to the prosecution, investigation and trial of acts of terrorism committed abroad where French law is applicable by virtue of the provisions of Section 2 of…

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Article 706-16-1 of the French Code of Criminal Procedure

When brought before the criminal courts, a civil action relating to an offence that constitutes an act of terrorism may only have as its object the initiation of public proceedings or the support of such proceedings. It may not seek compensation for the damage caused by the offence. Civil action for compensation for the damage caused by an act of terrorism may not be brought in the criminal courts. The…

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Article 706-16-2 of the French Code of Criminal Procedure

The civil court with jurisdiction pursuant to article L. 217-6 of the Code de l’organisation judiciaire may conduct or arrange for the conduct of any useful hearings and investigations, without being able to invoke professional confidentiality. In particular, it may obtain from the public prosecutor or investigating judge a copy of the reports recording the offence or any other document relating to the criminal proceedings, including those in progress. It…

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Article 706-17 of the French Code of Criminal Procedure

For the prosecution, investigation and trial of offences falling within the scope of Article 706-16, the anti-terrorist public prosecutor, the investigating judge, the criminal court and the Paris assize court exercise concurrent jurisdiction with that resulting from the application of Articles 43,52 and 382. As regards minors, the anti-terrorist public prosecutor, the investigating judge, the juvenile court judge, the juvenile court and the Paris juvenile assize court exercise concurrent jurisdiction…

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Article 706-17-1 of the French Code of Criminal Procedure

Without prejudice to the provisions of the third paragraph of Article 41, when exercising his jurisdiction pursuant to this section, the Counter-Terrorism Public Prosecutor may, by judicial delegation, request any public prosecutor to carry out or have carried out the acts necessary for the investigation and prosecution of offences falling within the scope of Article 706-16 in the places where the latter has territorial jurisdiction. The judicial delegation shall mention…

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Article 706-17-2 of the French Code of Criminal Procedure

For the trial of misdemeanours and felonies falling within the scope of Article 706-16, the First President of the Paris Court of Appeal may, on the recommendation of the Public Prosecutor, after consulting the heads of the judicial courts concerned, the President of the Paris Bar and, where applicable, the President of the Paris Assize Court, decide that the hearing of the Criminal Court, the Paris Criminal Appeals Chamber or…

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Article 706-18 of the French Code of Criminal Procedure

The public prosecutor at a judicial court other than that of Paris may, for offences falling within the scope of Article 706-16, request the investigating judge to relinquish jurisdiction in favour of the Paris investigating court. The parties shall be notified in advance and invited to make their observations by the investigating judge; the order shall be made eight days at the earliest and one month at the latest from…

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Article 706-19 of the French Code of Criminal Procedure

The court seised pursuant to this section shall retain jurisdiction regardless of the incriminations retained at the time of the settlement or judgment of the case, subject to the application of articles 181 and 469. If the facts constitute a contravention, the examining magistrate shall order the case to be referred to the competent police court pursuant to article 522.

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Article 706-22 of the French Code of Criminal Procedure

An order made on the basis of article 706-18 by which an investigating judge decides to relinquish jurisdiction may, to the exclusion of all other means of appeal, be referred within five days of its notification, at the request of the public prosecutor or the parties, to the Criminal Division of the Cour de cassation, which shall designate, within eight days of the date of receipt of the file, the…

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