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Article R40-37 of the French Code of Criminal Procedure

The implementation and updating of the processing operations shall be supervised by a senior public prosecutor, appointed for three years by order of the Minister of Justice, assisted by a committee of three members appointed under the same conditions. The authorities managing the processing operations will send it, at its request, any information relating to such processing operations. This magistrate may order any measures necessary for the exercise of his…

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Article R40-39 of the French Code of Criminal Procedure

The authorisations provided for in Article 230-25 are issued under the following conditions: 1° For officers of the national police services carrying out judicial police duties, 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, where applicable, the police prefect, or by the heads of the central services of the national police or, where…

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Article R40-40 of the French Code of Criminal Procedure

The implementation of the judicial reconciliation software mentioned in articles 230-20 et seq is authorised, for each procedure that it controls, by the magistrate in charge of the investigation or in charge of the enquiry. In the case of flagrante delicto investigations, authorisation is deemed to have been granted unless the public prosecutor decides otherwise. The use of this software and the authorisation of the competent public prosecutor or investigating…

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Article R40-41 of the French Code of Criminal Procedure

The implementation and updating of the software mentioned in article 230-20 are supervised by a senior prosecuting magistrate, appointed for three years by order of the Minister of Justice, and assisted by a committee of three members appointed under the same conditions. The authorities managing the processing operations will send it, at its request, any information relating to such processing operations. This magistrate may order any measures necessary for the…

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Article R40-42 of the French Code of Criminal Procedure

The Minister of Justice is authorised to implement automated processing of personal data known as: “plate-forme nationale des interceptions judiciaires (PNIJ)” provided for by Article 230-45, placed under the responsibility of the Secretary General of the Ministry of Justice.

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Article R40-43 of the French Code of Criminal Procedure

In order to facilitate the detection of criminal offences and customs offences, the gathering of evidence of these offences and the search for their perpetrators or to provide evidence of the violation of certain prohibitions resulting from a conviction, this processing records the information, data and communication content provided for in Articles R. 40-43-1 and R. 40-43-2 and makes them available: 1° Magistrates, officers and agents of the national gendarmerie…

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Article R40-43-1 of the French Code of Criminal Procedure

Unless technically impossible, the following are made available: 1° To the persons mentioned in 1° of article R. 40-43 : a) The content of electronic communications intercepted on the basis of articles 74-2,80-4,100 to 100-8 and 706-95 and 1° of article 709-1-3 ; b) Data and information communicated pursuant to Articles 60-1,60-2,77-1-1,77-1-2,99-3,99-4,230-32 to 230-44, du 2° de l’article 709-1-3; 2° Des personnes mentionnées au 2° de l’article R. 40-43, les…

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