Subsection 2: Interception of correspondence sent by electronic communications

In criminal and correctional matters, if the penalty incurred is equal to or greater than three years’ imprisonment, the investigating judge may, where the needs of the information so require, order the interception, recording and transcription of correspondence sent by electronic communications. These operations are carried out under his authority and control. The interception decision is in writing. It has no judicial character and is not subject to appeal. In…

The decision taken pursuant to Article 100 shall state the reasons with reference to the factual and legal elements justifying that these operations are necessary. It shall include all the information needed to identify the link to be intercepted, the offence for which the interception is being carried out and the duration of the interception. .

This decision is taken for a maximum period of four months. It may only be renewed under the same conditions of form and duration, without the total duration of the interception exceeding one year or, in the case of an offence under Articles 706-73 and 706-73-1, two years.

The investigating judge or the judicial police officer assigned by him or, under the latter’s supervision, the judicial police officer may request any qualified agent of a service or body placed under the authority or supervision of the minister responsible for electronic communications or any qualified agent of an authorised electronic communications network operator or service provider, with a view to installing an interception device.

The investigating judge or the judicial police officer appointed by him or, under the latter’s supervision, the judicial police officer draws up a report of each interception and recording operation. This report shall mention the date and time when the operation began and when it ended. The recordings are placed under closed seal. .

The investigating judge, the judicial police officer assigned by him or her, or the judicial police officer or investigative assistant acting under the control of that officer, shall transcribe correspondence that is useful in ascertaining the truth. This transcription is placed in the file. Correspondence in a foreign language is transcribed into French with the assistance of an interpreter requested for this purpose. On pain of nullity, correspondence with a…

The recordings shall be destroyed, at the request of the public prosecutor or the public prosecutor’s office, on expiry of the limitation period for prosecution. A record shall be drawn up of the destruction operation.

No interception may take place on the line of a member of parliament or senator without the president of the assembly to which he or she belongs being informed by the investigating judge. No interception may take place on a line dependent on a lawyer’s chambers or home without the president of the bar being informed by the investigating judge. No interception may take place on a line depending from…

When an interception of correspondence emitted by electronic communications concerns a communication address that is used on the territory of a Member State of the European Union, and when it is not carried out within the framework of a European investigation decision, the examining magistrate or the judicial police officer assigned by him shall notify this interception to the competent authority of this State if the person targeted by this…