Chapter II: Procedure

The provisions of this paragraph shall apply to the special investigative techniques mentioned in this section. These special investigative techniques may be implemented if the requirements of the investigation or judicial inquiry relating to [Provisions declared to be unconstitutional by Constitutional Council Decision No 2019-778 DC of 21 March 2019.] one of the offences falling within the scope of Articles 706-73 and 706-73-1 require it.

Special investigative techniques are authorised: 1° During the investigation, by the liberty and custody judge at the request of the public prosecutor; 2° During the investigation, by the examining magistrate, after consulting the public prosecutor.

The authorisation referred to in Article 706-95-12 shall be the subject of a written order giving reasons by reference to the factual and legal elements justifying that these operations are necessary. The order is not of a judicial nature and may not be appealed. In urgent cases resulting from an imminent risk of evidence being destroyed or serious harm being caused to persons or property, the investigating judge’s authorisation referred…

These special investigative techniques are carried out under the authority and control of the magistrate who authorised them. This magistrate may order their interruption at any time. The liberty and custody judge is informed without delay by the public prosecutor of the acts performed. The minutes drawn up in execution of the decision of the liberty and custody judge shall be communicated to him/her. If the liberty and custody judge…

The authorisation mentioned in 1° of article 706-95-12 is issued for a maximum period of one month, renewable once under the same conditions of form and duration. The authorisation mentioned in 2° of the same article 706-95-12 is issued for a maximum period of four months, renewable under the same conditions of form and duration, without the total duration of the operations exceeding two years.

The special investigative techniques mentioned in this section are implemented by the judicial police officer assigned by the investigating judge or requested by the public prosecutor or, under his responsibility, by the judicial police officer. With a view to installing, using and removing the technical devices referred to in this section, the public prosecutor, investigating judge or judicial police officer may request any qualified agent of a service, unit or…

The public prosecutor, the examining magistrate or the judicial police officer assigned by him or requested by the public prosecutor, or the judicial police officer acting under his responsibility, shall draw up a report on the installation of the technical devices and the operations carried out pursuant to this section. This report shall mention the date and time when the operation began and when it ended. The recordings shall be…

The recordings and data collected during the operations carried out pursuant to this section shall be destroyed, at the request of the public prosecutor or the public prosecutor, on expiry of the statute of limitations for public prosecution. A report shall be drawn up of the destruction operation.