Section 3: Visits and seizures

For the investigation and recording of offences and breaches mentioned in articles L. 511-5 and L. 511-7 and infringements of Book IV, category A and B competition, consumer affairs and fraud prevention officers may, at the request of the Minister for the Economy, carry out inspections and seizures at any location. .

Each visit is authorised by an order of the liberties and detention judge of the judicial court within whose jurisdiction the places to be visited are located. When these places are located within the jurisdiction of several courts and simultaneous action is to be taken in each of them, a single order may be issued by one of the competent liberty and custody judges.

The visit and seizures are carried out under the authority and control of the judge who authorised them. When they take place outside his jurisdiction, the judge who issued the order shall, in order to exercise this control, issue a letter rogatory to the liberties and detention judge of the judicial court within whose jurisdiction the visit takes place.

The judge may visit the premises visited during the intervention.

At any time, the judge may decide to suspend or terminate the visit.

Visit and seizure operations may not be started before 6 a.m. or after 9 p.m.However, authorised agents may, when the needs of the investigation so require, carry out these operations outside these hours in premises used for professional purposes and in premises where services are being provided, provided that the order issued by the liberties and detention judge expressly so provides and that these premises are not also used for…

The visit is carried out in the presence of the occupier of the premises or his representative.The occupier of the premises may designate one or more representatives to attend the visit and sign the report.If this is not possible, the judicial police officer requires two witnesses chosen from persons other than those under his authority or that of the administrative authority responsible for competition and consumer affairs.

The order referred to in article L. 512-52 is notified verbally and on the spot at the time of the visit to the occupier of the premises or their representative, who receives a full copy against receipt or by signing the official report.

During the visit, the authorised officers may seize any objects, documents and information media useful to the investigation. They may take samples of goods. They may also place seals on any business premises, objects, documents and information media, within the limits of the duration of the visit to these premises.Only the authorised agents, the occupier of the premises or his representative and the judicial police officer may inspect the documents…

The authorised officers may, during the visit, take evidence from the occupier of the premises, their representative or any other person, with a view to obtaining any information or explanations that may be useful for the purposes of the investigation. In accordance with Article 28 of the Code of Criminal Procedure, Article 61-1 of the same code is applicable when a person in respect of whom there are reasonable grounds…