Chapter I: Flagrant crimes and offences

A felony or misdemeanour is defined as a felony or misdemeanour that is currently being committed or has just been committed. There is also a crime or offence in flagrante delicto when, at a time very close to the action, the suspected person is pursued by public clamour, or is found in possession of objects, or presents traces or evidence, leading to the belief that he has participated in the…

In the event of a flagrant crime, the judicial police officer, who is notified, immediately informs the public prosecutor, goes without delay to the scene of the crime and makes all useful observations. He ensures the preservation of evidence likely to disappear and of anything that may serve to reveal the truth. He seizes the weapons and instruments that were used to commit the crime or that were intended to…

In places where a crime has been committed, it is forbidden, on pain of the fine laid down for fourth-class offences, for any unauthorised person to alter the state of the premises or take any samples whatsoever before the first operations of the judicial investigation. However, an exception is made when such alterations or samples are required by the requirements of public safety or health, or by the care to…

The judicial police officer may take, or have taken under his control, from any person likely to provide information on the facts in question or from any person in respect of whom there are one or more plausible grounds for suspecting that he has committed or attempted to commit the offence, the external samples required to carry out technical and scientific examinations for comparison with the traces and evidence taken…

If the nature of the crime is such that proof can be obtained by seizing papers, documents, computer data or other objects in the possession of persons who appear to have taken part in the crime or to hold documents, information or objects relating to the incriminated acts, the judicial police officer shall go without delay to the home of the latter to carry out a search, for which he…

Search of a lawyer’s chambers or home may only be carried out by a magistrate and in the presence of the President of the Bar or his delegate, following a written, reasoned decision taken by the liberty and custody judge to whom the matter has been referred by that magistrate, which indicates the nature of the offence or offences being investigated, the reasons justifying the search, the purpose of the…

When, during a search in a place other than those mentioned in Article 56-1, a document mentioned in the second paragraph of the same Article is discovered 56-1, the person at whose premises these operations are carried out may object to the seizure of this document. The document must then be placed under a closed seal and be the subject of a report separate from that provided for in article…

In the cases provided for in articles 56-1 and 56-1-1, without prejudice to the prerogatives of the President of the Bar or his delegate as provided for in Article 56-1 and the rights of the person searched as provided for in Article 56-1-1, the professional secrecy of counsel may not be invoked against investigation or enquiry measures when these relate to the offences mentioned in Articles 1741 and 1743 of…

Searches of the premises of a press company, an audiovisual communication company, an online public communication company, a press agency, the professional vehicles of these companies or agencies or the home of a journalist when the investigations are related to his or her professional activity may only be carried out by a magistrate. These searches are carried out on the basis of a written, reasoned decision by the magistrate indicating…

Searching the offices of a doctor, notary or bailiff shall be carried out by a magistrate and in the presence of the person in charge of the professional order or organisation to which the person concerned belongs or their representative. .