Any person whose identity is entered in the file may ask the public prosecutor to rectify or order the deletion of information concerning him or her if the information is not accurate or if its retention no longer appears necessary in view of the purpose of the file, having regard to the nature of the offence, the age of the person when it was committed, the time that has elapsed…
No reconciliation or connection within the meaning of the article 33 of law no. 78-17 of 6 January 1978 relating to data processing, files and freedoms may not be made between the file provided for in this chapter and any other file or collection of nominative data held by any person whatsoever or by a State department not under the authority of the Ministry of Justice, with the exception of…
The terms and conditions of application of the provisions of this chapter shall be determined by decree in the Council of State issued after consultation of the Commission nationale de l’informatique et des libertés. This decree shall specify in particular the conditions under which the file shall keep a record of the queries and consultations to which it is subjected.
The situation of the persons mentioned in Article 706-53-13 is examined, at least one year before the date set for their release, by the multidisciplinary committee on security measures provided for in Article 763-10, in order to assess their dangerousness. To this end, the commission requests that the person be placed, for a period of at least six weeks, in a specialised department responsible for observing detainees for the purposes…
The decision to impose a detention order is taken by the regional detention court with territorial jurisdiction. This court is composed of a chamber president and two councillors of the court of appeal, appointed by the first president of this court for a term of three years. This court is referred to for this purpose by the public prosecutor, on a proposal from the multidisciplinary committee on security measures provided…
The security retention decision is valid for a period of one year. Security retention may be renewed, after a favourable opinion from the multidisciplinary commission on security measures, in accordance with the procedures set out in article 706-53-15 and for the same period, provided that the conditions set out in Article 706-53-14 are still met.
After a period of three months from the final decision on detention, the person placed in detention may apply to the regional detention court for the measure to be terminated. The detention is automatically terminated if the court has not made a decision within three months of receiving the request. If the application is rejected, no further application may be made until three months have elapsed. The decision of this…
The regional court for secure detention shall automatically order that secure detention be immediately terminated if the conditions set out in Article 706-53-14 are no longer met.
If secure detention is not extended or is terminated pursuant to articles 706-53-17 or 706-53-18 and if the person presents risks of committing the offences mentioned in article 706-53-13, the regional secure detention court may, by the same decision and after an adversarial hearing during which the person is assisted by a lawyer chosen or appointed by the court, place the person under secure surveillance for a period of two…
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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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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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