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French Code of Criminal Procedure

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Article R40-44 of the French Code of Criminal Procedure

November 6, 2023

The recording, storage and processing of personal data of the nature mentioned in I of Article 6 of Law No. 78-17 of 6 January 1978 relating to data processing, files and freedoms are authorised solely for the purposes and in strict compliance with the conditions defined in this decree, within the limits of the requirements of the missions for which they are collected, and solely insofar as they appear in…

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Article R40-45 of the French Code of Criminal Procedure

November 6, 2023

In accordance with the provisions of articles R. 15-33-67 to R. 15-33-75, the platform shall transmit, to the category of bodies mentioned in 1° of Article R. 15-33-68, requisitions drawn up by magistrates, officers and agents of the judicial police of the national gendarmerie and police force, customs and tax officials authorised to carry out judicial investigations, as well as by the specialised assistants mentioned in article 628-9 and Article…

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Article R40-46 of the French Code of Criminal Procedure

November 6, 2023

Insofar as they are necessary for the purposes defined in article R. 40-43, the following personal data and information may be stored in the automated processing system: 1° For electronic communications subject to judicial interception mentioned in articles 74-2,80-4,100 to 100-8 and 706-95 and 1° of article 709-1-3 : a) The identity (surname, married name, customary name, first names) of the natural person issuing and receiving the electronic communication, nickname,…

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Article R40-47 of the French Code of Criminal Procedure

November 6, 2023

I.-Magistrates shall have access to all data, information and communications content recorded in the processing system, for the purposes of the proceedings brought before them. II.For the purposes of the proceedings referred to them, the officers and judicial police agents of the national gendarmerie and police respectively mentioned in 2° to 4° of Article 16 and in article 20, customs and tax officials authorised to carry out judicial investigations, respectively…

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Article R40-49 of the French Code of Criminal Procedure

November 6, 2023

The data and information mentioned in 1°, 2°, 4° and 5° of Article R. 40-46, following investigations carried out pursuant to articles R. 40-43-1 and R. 40-43-2, are placed under seal and kept within the data processing system until expiry of the statute of limitations for public prosecution. They may only be accessed by the magistrate in charge of the proceedings and the staff he has authorised to access them….

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Article R40-51 of the French Code of Criminal Procedure

November 6, 2023

The national platform for judicial interception is implemented by a department with national competence reporting to the Minister of Justice, called the “Agence nationale des techniques d’enquêtes numériques judiciaires” (National Agency for Judicial Digital Investigation Techniques). This department is headed by a judicial magistrate and reports to the Secretary General of the Ministry of Justice. The National Agency for Judicial Digital Investigation Techniques is responsible for compiling and storing the…

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Article R40-52 of the French Code of Criminal Procedure

November 6, 2023

The magistrates, civil servants and agents of this ministry responsible for the operation, maintenance and upkeep of the national platform for judicial interception as well as the persons to whom services detachable from the judicial purposes of the processing may be entrusted by contract are authorised at Secret level. They are subject to professional secrecy under the conditions and penalties set out in article 226-13 of the Criminal Code.

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Article R40-53 of the French Code of Criminal Procedure

November 6, 2023

The national platform for judicial interception is placed under the control of a qualified personality, appointed for a non-renewable period of five years by order of the Minister of Justice, and assisted by a committee of five members. The National Agency for Judicial Digital Investigation Techniques, at its request, sends it all information relating to the processing. The Agence Nationale des Techniques d’Enquêtes Numériques Judiciaires (National Agency for Judicial Digital…

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

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