Subsection 1: Transport, searches and seizures

The investigating judge may visit the scene to make any useful observations or carry out searches. He shall notify the public prosecutor, who may accompany him. The investigating judge is always assisted by a court clerk. He shall draw up a record of his operations.

If the needs of the investigation so require, the examining magistrate may, after giving notice to the public prosecutor of his court, travel with his clerk throughout the national territory, in order to carry out all investigative acts, on condition that he gives prior notice to the public prosecutor of the court within whose jurisdiction he is travelling. He shall state the reasons for his transport in his report. .

If the needs of the investigation so require, the investigating judge may, in the context of a letter rogatory addressed to a foreign State or a European investigation order addressed to a Member State of the European Union and with the agreement of the competent authorities of the State concerned, travel with his clerk to the territory of that State for the purpose of conducting hearings. He shall give prior…

Search shall be carried out in all places where there may be objects or computer data, the discovery of which would be useful in ascertaining the truth, or property the confiscation of which is provided for in article 131-21 of the Penal Code.

If the search takes place at the home of the person under investigation, the investigating judge must comply with the provisions of articles 57 and 59.

If the search takes place in a home other than that of the person under investigation, the person whose home is to be searched is invited to attend. If that person is absent or refuses to attend, the search shall take place in the presence of two of his relatives or allies present on the premises, or failing that, in the presence of two witnesses. The investigating judge must comply…

When it is necessary, during the course of an investigation, to search for documents or computer data and subject to the requirements of the investigation and compliance, where applicable, with the obligation stipulated by paragraph 3 of the preceding article, the investigating judge or the judicial police officer assigned by him or her alone has the right to take cognisance of them before proceeding with the seizure. All objects, documents…

The judicial police officer or, under his supervision, the judicial police agent may, for the purposes of executing the letters rogatory, carry out the operations provided for by Article 57-1.

Subject to the requirements of judicial information, any communication or disclosure without the authorisation of the person under investigation or his successors in title or the signatory or recipient of a document resulting from a search, to a person not qualified by law to take cognisance of it, shall be punishable by a fine of €4,500 and two years’ imprisonment.

During the investigation, the examining magistrate is competent to decide on the return of items placed in the hands of justice. He shall rule, by reasoned order, either on the application of the public prosecutor or, after receiving the latter’s opinion, ex officio or at the request of the person under investigation, the civil party or any other person claiming to have a right to the item. Where the request…