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Article 706-93 of the French Code of Criminal Procedure

The operations provided for in articles 706-89 to 706-91 may not, on pain of nullity, have any purpose other than the investigation and establishment of the offences referred to in the decision of the liberty and custody judge or investigating judge. The fact that these operations reveal offences other than those referred to in the decision of the liberty and custody judge or investigating judge does not constitute a cause…

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Article 706-94 of the French Code of Criminal Procedure

Where, during a flagrante delicto investigation or an investigation into one of the offences falling within the scope of Articles 706-73 and 706-73-1, the person whose home is to be searched is in police custody or is being held in another place and it seems advisable to avoid taking him there due to the serious risk of either disturbing the peace or escaping, or of evidence disappearing during the time…

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Article 706-95 of the French Code of Criminal Procedure

If the requirements of the investigation in flagrante delicto or the preliminary investigation relating to one of the offences falling within the scope of Articles 706-73 and 706-73-1 so require, the liberty and custody judge of the judicial court may, at the request of the public prosecutor, authorise the interception, recording and transcription of correspondence sent via electronic communications in accordance with the procedures set out in the second and…

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Article 706-95-1 of the French Code of Criminal Procedure

If the requirements of the investigation into a crime or one of the offences falling within the scope of Articles 706-73 and 706-73-1 so require, the liberty and custody judge may, at the request of the public prosecutor, authorise by reasoned order remote access, without the knowledge of the person concerned, to correspondence stored by electronic communications accessible by means of a computer identifier. The data to which access has…

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Article 706-95-2 of the French Code of Criminal Procedure

If the requirements of information relating to a crime or one of the offences falling within the scope of Articles 706-73 and 706-73-1 so require, the investigating judge may authorise by reasoned order remote access, without the knowledge of the person concerned, to correspondence stored via electronic communications accessible by means of a computer identifier. The data to which access has been granted may be seized and recorded or copied…

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Article 706-95-3 of the French Code of Criminal Procedure

The operations mentioned in articles 706-95-1 and 706-95-2 are carried out under the authority and control of the magistrate who authorised them and may not, on pain of nullity, have any purpose other than the investigation and recording of the offences referred to in the magistrate’s decision. The magistrate or the judicial police officer appointed by the magistrate may request any qualified agent of a service or body placed under…

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Article 706-95-11 of the French Code of Criminal 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.

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Article 706-95-13 of the French Code of Criminal Procedure

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…

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Article 706-95-14 of the French Code of Criminal Procedure

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…

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