When the person is in a public or private establishment in which he or she is placed, detained or held pursuant to a judicial or administrative decision, proof of address may consist of a certificate issued by the person in charge of the establishment. This certificate is sent by the person in charge, who has been informed of the person’s legal situation either by the person concerned or by the…
Judicial authorities, as well as specially empowered judicial police officers, seized in the context of proceedings referred to in 2° of Article 706-53-7 or notified in accordance with Article R. 53-8-26, can query the file based on the following criteria, even if incomplete: “- case number; “- identity data; “- address data or location elements; “- nature of offences; “- date of events; “- place where the offences were committed;…
I.-Pursuant to the provisions of 3° of Article 706-53-7, may directly query the file, via a secure telecommunications system, based solely on the identity of a person who has applied for recruitment, assignment, authorisation, approval or accreditation concerning an activity or profession involving contact with minors or whose exercise of such an activity or profession must be supervised : 1° Prefects or agents of prefectures specially authorised by them for…
During searches, the identities consulted also include the result of the verification carried out by the service managing the file in accordance with Article 706-53-3 using information communicated to the criminal records department pursuant to Article R. 64. If the person concerned was born outside mainland France, if his or her place of birth is unknown or if he or she is under twelve years of age, the words: “identity…
In application of Article 706-53-8, the file manager sends daily notices to the Ministry of the Interior of new entries, changes of address relating to an entry or failure to provide proof of address. It notifies the department managing the wanted persons file daily of the deletions it has made pursuant to the articles 706-53-4 and 706-53-10. Drawn up after automated consultation of the national file of incarcerated persons, the…
The competent public prosecutor, pursuant to the provisions of Article 706-53-10, to order, at the request of the person concerned, the rectification or deletion of the information contained in the file or the limitation to six months or one year of the obligation to report is that of the last court that handed down a conviction that resulted in the person concerned being entered in the file. In the event…
The competent magistrate must inform the interested party of his decision by registered letter with acknowledgement of receipt within two months of receipt of the request. This period is extended to four months if an expert opinion is ordered. Failing a response within this period, or if the magistrate does not grant the request, the interested party may refer the matter to the juge des libertés et de la détention…
After requesting the public prosecutor’s written submissions, the liberty and custody judge makes a reasoned decision within two months. This period is extended to four months if an expert opinion is ordered. The order is notified to the public prosecutor and by registered letter with acknowledgement of receipt to the interested party.
If the liberty and custody judge fails to rule within the time limit set in Article R. 53-8-29 or if his request is not granted, the interested party may, within a period of ten days, refer the matter to the President of the Examining Magistrate’s Court by registered letter with acknowledgement of receipt or by filing a declaration with the clerk of the Court of Appeal. The objection must be…
If the request is granted, the public prosecutor may, within ten days, contest this decision before the president of the investigating chamber. This challenge suspends the execution of the decision.
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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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