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French Code of Criminal Procedure

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Article 99 of the French Code of Criminal Procedure

November 8, 2023

During the investigation, the examining magistrate is competent to decide on the return of items placed in the hands of justice. He shall rule, by reasoned order, either on the application of the public prosecutor or, after receiving the latter’s opinion, ex officio or at the request of the person under investigation, the civil party or any other person claiming to have a right to the item. Where the request…

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Article 99-1 of the French Code of Criminal Procedure

November 8, 2023

When, in the course of legal proceedings or the checks referred to in article L. 214-23 of the Rural and Maritime Fishing Code, one or more live animals have been seized or removed for any reason whatsoever, the public prosecutor at the judicial court in the place where the offence was committed or, when the case is referred to him or her, the investigating judge may place the animal in…

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Article 99-2 of the French Code of Criminal Procedure

November 8, 2023

When, in the course of the investigation, it proves impossible to return movable property that has been placed in the hands of the law and whose retention is no longer necessary to establish the truth, either because the owner cannot be identified, or because the owner does not claim the item within one month of a formal notice sent to his or her home address, the investigating judge may order,…

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Article 99-3 of the French Code of Criminal Procedure

November 8, 2023

The investigating judge or the judicial police officer assigned by him may, by any means, request any person, private or public establishment or body or public administration likely to hold documents relevant to the investigation, including, subject to Article 60-1-2, those originating from a computer system or processing of nominative data, to hand over these documents, in particular in digital form, without the obligation of professional secrecy being invoked against…

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Article 99-4 of the French Code of Criminal Procedure

November 8, 2023

For the purposes of executing the letter rogatory, the judicial police officer may carry out the requisitions provided for in the first paragraph of Article 60-2. With the express authorisation of the investigating judge, the judicial police officer or, under the latter’s supervision, the judicial police agent may carry out the requisitions provided for in the second paragraph of Article 60-2. The organisations or persons concerned shall make the information…

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Article 99-5 of the French Code of Criminal Procedure

November 8, 2023

For the purposes of executing the letter rogatory, the judicial police officer or, under the latter’s supervision, the judicial police agent or investigation assistant may, with the express authorisation of the investigating judge, make the requisitions provided for in Article 60-3. The second paragraph of the same Article 60-3 is applicable.

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Article 100 of the French Code of Criminal Procedure

November 8, 2023

In criminal and correctional matters, if the penalty incurred is equal to or greater than three years’ imprisonment, the investigating judge may, where the needs of the information so require, order the interception, recording and transcription of correspondence sent by electronic communications. These operations are carried out under his authority and control. The interception decision is in writing. It has no judicial character and is not subject to appeal. In…

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Article 100-1 of the French Code of Criminal Procedure

November 8, 2023

The decision taken pursuant to Article 100 shall state the reasons with reference to the factual and legal elements justifying that these operations are necessary. It shall include all the information needed to identify the link to be intercepted, the offence for which the interception is being carried out and the duration of the interception. .

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Article 100-2 of the French Code of Criminal Procedure

November 8, 2023

This decision is taken for a maximum period of four months. It may only be renewed under the same conditions of form and duration, without the total duration of the interception exceeding one year or, in the case of an offence under Articles 706-73 and 706-73-1, two years.

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Article 100-3 of the French Code of Criminal Procedure

November 8, 2023

The investigating judge or the judicial police officer assigned by him or, under the latter’s supervision, the judicial police officer may request any qualified agent of a service or body placed under the authority or supervision of the minister responsible for electronic communications or any qualified agent of an authorised electronic communications network operator or service provider, with a view to installing an interception device.

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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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Linkedin

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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