A magistrate, responsible for monitoring the implementation of software covered by this chapter and ensuring that data is kept up to date, appointed for this purpose by the Minister of Justice, shall assist in the application of Article 230-23. This magistrate may act ex officio or at the request of private individuals. He shall have direct access to such software for the performance of his duties.
Only the following may use the software covered by this chapter: 1° Employees of the departments mentioned in article 230-20, individually designated and specially empowered, for the sole purposes of the investigations referred to them ; 2° Public prosecutors and investigating magistrates, for investigations relating to offences referred to them; 3° The competent public prosecutor, for the purposes of the supervision he or she exercises under article 230-23 ; 4°…
Software covered by this chapter may under no circumstances be used for the purposes of administrative investigations, nor for any purpose other than that defined in article 230-20.
Software covered by this chapter may only be authorised by decree in the Conseil d’Etat issued after consultation with the Commission nationale de l’informatique et des libertés. This decree shall specify, in particular, the offences concerned, the procedures for supplying the software, the conditions for authorising the persons mentioned in 1° of Article 230-25 and the procedures under which interested persons may exercise their right of access.
A judicial autopsy may be ordered as part of a judicial investigation pursuant to articles 60, 74 and 77-1 or a judicial investigation pursuant to articles 156 et seq. It may only be carried out by a practitioner who holds a diploma attesting to his training in forensic medicine or a title justifying his experience in forensic medicine. During a forensic autopsy, the practitioner appointed for this purpose takes any…
When a forensic autopsy has been carried out as part of an investigation or judicial enquiry and the preservation of the body of the deceased is no longer necessary to establish the truth, the competent judicial authority shall issue authorisation to release the body and a burial permit as soon as possible. The practitioner who has carried out a forensic autopsy is required to ensure that the body is restored…
When the biological samples taken during a judicial autopsy are no longer necessary to establish the truth, the competent judicial authority may order their destruction. Destruction is carried out in accordance with the procedures set out in Article R. 1335-11 of the Public Health Code. However, subject to public health constraints and where these samples are the only elements that have enabled the deceased to be identified, the competent judicial…
The procedures for applying the provisions of this chapter shall be specified by decree in the Conseil d’Etat.
Any technical means intended for real-time location, throughout the national territory, of a person, without that person’s knowledge, of a vehicle or of any other object, without the consent of its owner or possessor, may be used if this operation is required by the necessities: 1° An investigation or enquiry into a crime or offence punishable by at least three years’ imprisonment; 2° An investigation or enquiry into the causes…
The operation referred to in Article 230-32 is authorised: 1° As part of an investigation in flagrante delicto, a preliminary investigation or a procedure provided for in articles 74 to 74-2, by the public prosecutor, for a maximum period of fifteen consecutive days in the cases provided for in articles 74 to 74-2 or when the investigation concerns a crime or an offence mentioned in articles 706-73 or 706-73-1, or…
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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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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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