The Public Prosecutor at the Court of Appeal, within whose jurisdiction there is a court with jurisdiction pursuant to Article 706-75, leads and coordinates, in consultation with the other public prosecutors in the inter-regional jurisdiction, the conduct of public action policy for the application of this article.
The judicial police officers and, under their authority, the judicial police agents, after informing the public prosecutor and unless this magistrate objects, may extend to the whole of the national territory the surveillance of persons against whom there are one or more plausible reasons to suspect them of having committed one of the crimes and offences falling within the scope of Articles 706-73,706-73-1or 706-74 or surveillance of the routing or…
Where there are one or more plausible grounds for suspecting persons of having committed one of the offences falling within the scope of Articles 706-73,706-73-1 or 706-74, in the context of a surveillance operation, and when required by the needs of the investigation or enquiry, officers of the judicial police and, under their authority, the officers of the judicial police in charge of investigations may, with the authorisation of the…
As part of an operation to monitor the routing or transport of objects, goods or proceeds derived from the commission of one of the offences falling within the scope of Articles 706-73,706-73-1or 706-74 or used to commit them, and where the needs of the investigation or enquiry so require, officers of the criminal investigation police and, under their authority, criminal investigation police officers in charge of investigations may, with the…
Where the requirements of the investigation or enquiry into one of the crimes or offences falling within the scope of Articles 706-73 and 706-73-1 le justifient, le procureur de la République ou, après avis de ce magistrat, le juge d’instruction saisi peuvent autoriser qu’il soit procédé, sous leur contrôle respectif, à une opération d’infiltration dans les conditions prévues par la présente section. Undercover surveillance consists, for an officer or agent…
Officers or agents of the judicial police authorised to carry out an undercover operation may, throughout the national territory, without being criminally liable for these acts: 1° Acquire, hold, transport, deliver or issue substances, goods, products, documents or information derived from or used in the commission of offences; 2° Use or make available to persons committing these offences means of a legal or financial nature as well as means of…
On pain of nullity, the authorisation given pursuant to Article 706-81 shall be issued in writing and must be specially reasoned. It mentions the offence or offences that justify the use of this procedure and the identity of the judicial police officer under whose responsibility the operation is taking place. This authorisation sets the duration of the undercover operation, which may not exceed four months. The operation may be renewed…
The real identity of the officers or agents of the judicial police who carried out the infiltration under an assumed identity must not appear at any stage of the proceedings. Revealing the identity of these officers or judicial police agents is punishable by five years’ imprisonment and a fine of €75,000. When this revelation has caused violence, assault and battery against these persons or their spouses, children and direct ascendants,…
In the event of a decision to interrupt the operation or at the end of the period set by the decision authorising the infiltration and in the absence of an extension, the undercover agent may continue the activities mentioned in Article 706-82, without being criminally liable, for the time strictly necessary to enable him to cease his surveillance in conditions that ensure his safety, without this period exceeding four months….
The judicial police officer under whose responsibility the undercover operation takes place may alone be heard as a witness on the operation. However, if the report referred to in the third paragraph of Article 706-81 that the person under investigation or appearing before the trial court is directly implicated by findings made by an agent who personally carried out the undercover operations, this person may ask to be confronted with…
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is a Registered Trademark of
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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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