Article 230-4 of the French Code of Criminal Procedure
November 8, 2023
Decisions taken pursuant to this chapter shall not be of a judicial nature and shall not be subject to appeal.
Decisions taken pursuant to this chapter shall not be of a judicial nature and shall not be subject to appeal.
Without prejudice to the obligations arising from national defence secrecy, the officials required under the provisions of this chapter shall be required to assist the judicial authorities.
In order to facilitate the recording of criminal offences, the gathering of evidence relating to these offences and the search for the perpetrators, the national police and national gendarmerie services may implement automated processing of personal data collected: 1° In the course of preliminary or flagrante delicto enquiries or investigations carried out on the basis of letters rogatory and concerning any felony or misdemeanour as well as fifth-class offences punishable…
The processing operations mentioned in article 230-6 may contain information on persons, without age limit, against whom there is serious or corroborating evidence making it likely that they may have participated, as perpetrators or accomplices, in the commission of the offences mentioned in 1° of the same article 230-6.
The processing of personal data is carried out under the supervision of the public prosecutor with territorial jurisdiction, who, on his or her own initiative or at the request of the person concerned, may order that the data be deleted, supplemented or rectified, particularly in the event of a judicial reclassification, or that it be noted. Rectification for judicial requalification is automatic. The public prosecutor will decide within two months…
A magistrate, responsible for monitoring the implementation and updating of the automated processing of personal data mentioned in article 230-6 and appointed for this purpose by the Minister of Justice, contributes to the application of article 230-8. This magistrate may act ex officio or at the request of private individuals. He shall have the same powers to delete, rectify or maintain personal data in the processing operations mentioned in the…
The specially authorised personnel of the national police and gendarmerie services designated for this purpose as well as the specially authorised personnel of the State invested by law with judicial police powers, in particular the customs officers, tax officers and environmental inspectors mentioned in article L. 172-1 of the Environment Code, may access information, including nominative information, contained in the personal data processing provided for in this section and held…
A decree in the Conseil d’Etat, issued after consultation with the Commission nationale de l’informatique et des libertés, shall lay down the terms and conditions for the application of this section. In particular, it shall specify the list of offences referred to in Article 230-6, the retention period for recorded information, the procedures for authorising the persons referred to in article 230-10 as well as, where applicable, the conditions under…
In order to gather evidence and identify the perpetrators, by establishing links between individuals, events or offences, of crimes and misdemeanours of a serial nature, the national police and gendarmerie services and units responsible for a judicial police mission may implement, under the control of the judicial authorities, automated processing of personal data collected in the course of: 1° Preliminary or flagrante delicto enquiries or investigations carried out under a…
The processing mentioned in article 230-12 may contain data on persons, without age limitation: 1° Against whom there is serious or corroborating evidence making it likely that they may have participated, as perpetrators or accomplices, in the commission of an offence referred to in 1° of Article 230-12; the recording of data concerning these persons may take place, where appropriate, after their conviction ; 2° Against whom there are serious…
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
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Paris Bar Registration n° (Toque) C2396
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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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