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Article R40-19 of the French Code of Criminal Procedure

The commission’s decision is given in open court. This decision is notified to the claimant and the judicial agent of the State either by delivery of a copy against receipt, or by registered letter with acknowledgement of receipt. A copy of the decision is given to the public prosecutor at the Cour de cassation. A copy of the decision is also sent, at the Ministry of Justice, to the commission…

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Article R40-20 of the French Code of Criminal Procedure

If the commission awards an advance or compensation in an amount greater than that set by the decision of the first president of the court of appeal, its payment to the claimant is, notwithstanding the provisions of article R. 233, carried out by the Regional Director of Public Finances for Ile-de-France and the Paris department.

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Article R40-21 of the French Code of Criminal Procedure

If the application is dismissed, the appellant shall be ordered to pay the costs, unless the commission relieves him of them in whole or in part. The commission’s decision shall entail compulsory execution for payment of the costs. The provisions of this article shall not apply where the appeal has been lodged by the public prosecutor at the court of appeal.

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Article R40-22 of the French Code of Criminal Procedure

The file of the criminal proceedings is returned, together with a copy of the decision, to the first president of the court of appeal for transmission to the court that handed down the decision to dismiss, acquit or acquit. A copy of the decision is also sent to the public prosecutor at the court of appeal.

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Article R40-23 of the French Code of Criminal Procedure

The Minister of the Interior (Directorate General of the National Police and Directorate General of the National Gendarmerie) is authorised to implement automated processing of personal data, known as “criminal records processing”, for the purposes mentioned in l’article 230-6.

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Article R40-24 of the French Code of Criminal Procedure

The processing consists of data collected in the context of procedures established by the police and national gendarmerie units, or by customs officers authorised to carry out judicial police duties. It may contain personal data of the kind mentioned in I of article 8 of the law of 6 January 1978, solely in cases where this data results from the nature or circumstances of the offence or relates to particular…

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Article R40-25 of the French Code of Criminal Procedure

The data collected in the context of article R. 40-24 may only concern the following categories: 1° Persons in respect of whom there is serious or corroborating evidence during a preliminary investigation, an investigation in flagrante delicto or on the basis of a letter rogatory, making it likely that they may have participated, as perpetrators or accomplices, in the commission of a felony, a misdemeanour or a fifth-class contravention provided…

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Article R40-26 of the French Code of Criminal Procedure

The following categories of personal data and information may be recorded in this processing operation: 1° Concerning defendants: a) Natural persons: – identity (surname, married name, official alias, forenames, gender); – nickname, alias; – date and place of birth; – family situation; – parentage; – nationality; – addresses; – e-mail addresses; – telephone numbers ; – occupation; – status of the person; – description; – photograph including technical features enabling…

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Article R40-27 of the French Code of Criminal Procedure

I. – Data concerning an accused person of full age shall be kept for twenty years. By way of derogation, it shall be kept: – five years when the person is accused of one of the offences provided for in the Highway Code or in the articles 221-6,221-6-1,222-19,222-19-1,222-20-1,225-10-1,227-3 à 227-11,311-3,314-5,314-6,431-1,431-4and 434-10 of the Penal Code and L. 3421-1 of the Public Health Code, as well as for the contraventions listed…

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Article R40-28 of the French Code of Criminal Procedure

I. – Shall have access to all or, by reason of their attributions, part of the data mentioned in article R. 40-26 for the purposes of judicial investigations: 1° Officers of the national police services carrying out judicial police missions individually designated and specially authorised either by the heads of the territorial services of the national police, or by the heads of the active services at the police prefecture or,…

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