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French Code of Criminal Procedure

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Article 56-4 of the French Code of Criminal Procedure

November 8, 2023

I.-When a search is envisaged in a specifically identified place containing items covered by national defence secrecy, the search may only be carried out by a magistrate in the presence of the Chairman of the National Defence Secrecy Commission. The Chairman may be represented by a member of the Commission or by delegates duly authorised to deal with national defence secrets, whom he appoints in accordance with the procedures laid…

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Article 56-5 of the French Code of Criminal Procedure

November 8, 2023

Searching the premises of a court or the home of a person exercising judicial functions with a view to seizing documents likely to be covered by the secrecy of deliberations may only be carried out by a magistrate, following a written and reasoned decision by the latter, in the presence of the first president of the court of appeal or the first president of the Court of Cassation or his…

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Article 57 of the French Code of Criminal Procedure

November 8, 2023

Subject to articles 56-1 to 56-5 and to respect for professional secrecy and the rights of the defence mentioned in article 56, the operations prescribed by the said article shall be carried out in the presence of the person whose home the search is taking place. If this is not possible, the judicial police officer will be obliged to invite the person to designate a representative of his choice; failing…

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Article 57-1 of the French Code of Criminal Procedure

November 8, 2023

Officers of the judicial police or, under their responsibility, officers of the judicial police may, in the course of a search carried out under the conditions provided for in this code, access via a computer system located on the premises where the search is taking place data relevant to the investigation in progress and stored in the said system or in another computer system, provided that such data is accessible…

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Article 58 of the French Code of Criminal Procedure

November 8, 2023

Subject to the requirements of the investigations, 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.

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Article 59 of the French Code of Criminal Procedure

November 8, 2023

Unless a claim is made from inside the house or exceptions are provided for by law, searches and home visits may not be commenced before 6 a.m. and after 9 p.m. The formalities mentioned in articles 56,56-1,57 and this article are prescribed on pain of nullity.

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Article 60 of the French Code of Criminal Procedure

November 8, 2023

If it is necessary to carry out technical or scientific findings or examinations, the judicial police officer or, under the latter’s control, the judicial police officer or the investigation assistant shall have recourse to all qualified persons. When requested to do so by the judicial police officer or, under the latter’s control, by the judicial police officer, the technical and scientific police services or bodies of the national police and…

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Article 60-1 of the French Code of Criminal Procedure

November 8, 2023

The public prosecutor or the judicial police officer or, under the latter’s control, the judicial police officer or, in the case provided for in 3° of Article 21-3, the investigation assistant may, by any means, request any person, any private or public establishment or body or any public administration likely to hold information relevant to the investigation, including, subject to Article 60-1-2, those from a computer system or processing of…

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Article 60-1-1 of the French Code of Criminal Procedure

November 8, 2023

Subject to Article 60-1-2, when the requisitions provided for in Article 60-1 relate to connection data issued by a lawyer and linked to the use of an electronic communications network or service, whether traffic data or location data, they may only be made by reasoned order of the liberty and custody judge, referred for this purpose by the public prosecutor. This order shall state the plausible grounds for suspecting that…

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Article 60-1-2 of the French Code of Criminal Procedure

November 8, 2023

On pain of nullity, requisitions relating to technical data making it possible to identify the source of the connection or data relating to the terminal equipment used mentioned in 3° of II bis of article L. 34-1 of the French Post and Electronic Communications Code or the traffic and location data mentioned in III of the same article L. 34-1 are only possible, if required by the needs of the…

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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396

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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396

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