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Chapter II: Jurisdiction in the event of war, mobilisation, a state of siege or a state of emergency

Article 699 of the French Code of Criminal Procedure

In time of war, armed forces courts shall be established immediately. Until they are effectively established, cases within their jurisdiction shall be brought before the courts mentioned in Article 697. These courts relinquish jurisdiction over cases to the armed forces courts as soon as they are claimed by the armed forces.

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Article 699-1 of the French Code of Criminal Procedure

When the Government decides to apply mobilisation or warning measures under the conditions provided for by l’ordonnance n° 59-147 du 7 janvier 1959 portant organisation générale de la défense, les dispositions du code de justice militaire relatives au temps de guerre peuvent être rendues applicables par décret en conseil des ministres pris sur le rapport du garde des sceaux, ministre de la justice, et du ministre chargé de la défense.

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Article 700 of the French Code of Criminal Procedure

In the event of a state of siege or declared state of emergency, a decree in the Council of Ministers, made on the report of the Keeper of the Seals, Minister of Justice, and the Minister responsible for Defence, may establish territorial courts of the armed forces under the conditions provided for by the code of military justice. The jurisdiction of these courts results from the provisions of the code…

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