Call Us + 33 1 84 88 31 00

Contact
Get In Touch

Call Us + 33 1 84 88 31 00

Contact
Edit Content
Edit Content

French Code of Criminal Procedure

Make An Appointment

Article 230-44 of the French Code of Criminal Procedure

November 8, 2023

This chapter shall not apply where the purpose of real-time geolocation operations is to locate electronic communication terminal equipment, a vehicle or any other object whose lawful owner or possessor is the victim of the offence under investigation or enquiry or the missing person within the meaning of articles 74-1 or 80-4, where the purpose of these operations is to find the victim, the object stolen from him or her…

Read More »

Article 230-45 of the French Code of Criminal Procedure

November 8, 2023

I.-A decree in the Council of State, issued after a public and reasoned opinion from the Commission nationale de l’informatique et des libertés, shall determine the missions and operating procedures of the national platform for judicial interceptions. Unless technically impossible, requisitions and requests made pursuant to articles 60-2,74-2,77-1-2,80-4,99-4,100 à 100-7,230-32 à 230-44,706-95and 709-1-3 of this Code or Article 67 bis-2 of the Customs Code are transmitted via the national judicial…

Read More »

Article 230-46 of the French Code of Criminal Procedure

November 8, 2023

Only for the purpose of establishing crimes and offences punishable by imprisonment committed via electronic communications, and where justified by the requirements of the investigation or enquiry, officers or agents of the judicial police acting in the course of an investigation or on a rogatory commission may, if they are assigned to a specialised service and specially authorised for this purpose under conditions specified by order of the Minister of…

Read More »

Article 230-47 of the French Code of Criminal Procedure

November 8, 2023

A technical device may be used, by means of airborne cameras, for the purpose of capturing, fixing, transmitting and recording without their consent the image of one or more persons in a public place, if this operation is required by the necessities: 1° An investigation or enquiry into a crime or misdemeanour punishable by at least three years’ imprisonment; 2° An investigation or enquiry into the causes of death or…

Read More »

Article 230-48 of the French Code of Criminal Procedure

November 8, 2023

The technical device referred to in article 230-47 is authorised: 1° As part of a flagrante delicto investigation, a preliminary investigation or a procedure provided for in articles 74 to 74-2, by the public prosecutor, for a maximum period of one month, renewable once; 2° As part of an investigation or inquiry into the causes of death or the causes of disappearance mentioned in articles 74,74-1 and 80-4, by the…

Read More »

Article 230-49 of the French Code of Criminal Procedure

November 8, 2023

The decision authorising the use of the device referred to in article 230-47 shall include all the information needed to identify the places concerned and shall specify its duration. The authorisation of the public prosecutor or investigating judge, which may be given by any means, is mentioned or placed in the case file. It has no judicial character and is not subject to appeal.

Read More »

Article 230-50 of the French Code of Criminal Procedure

November 8, 2023

The operations provided for in this chapter shall take place under the authority and control of the magistrate who authorised them. This magistrate may order their interruption at any time. The operations may not, on pain of nullity, have a purpose other than that for which they were authorised. The fact that these operations reveal other offences does not constitute a cause of invalidity of the incidental proceedings.

Read More »

Article 230-52 of the French Code of Criminal Procedure

November 8, 2023

The public prosecutor, the investigating judge or the judicial police officer assigned by him or requested by the public prosecutor, or the judicial police officer acting under his responsibility, shall draw up a report of the capturing, fixing and recording operations. This report shall mention the date and time of the start and end of the operations. The recordings shall be placed under closed seals. The judicial police officer or…

Read More »

Article 230-53 of the French Code of Criminal Procedure

November 8, 2023

The recordings and data collected during operations carried out pursuant to this chapter shall be destroyed, at the request of the public prosecutor or the public prosecutor’s office, on expiry of the limitation period for prosecution. A record shall be drawn up of the destruction operation.

Read More »

Contact a French lawyer now

Contact a French Business Lawyer

Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.

Do you need French-law advice?
Contact our Lawyers in France.

Call + 33 1 84 88 31 00.

Our attorneys will contact you promptly within 24h. All information exchanged through this website will be communicated to attorneys only, and will remain confidential.

We Solve Legal & Tax Issues in France

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

French Business Law
French Business Lawyers
Resources
Contacts
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

French Business Law
French Business Lawyers

Resources 

Contacts
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

Contacts
Linkedin
French Business Law
French Business Lawyers

Useful links

Copyright @ 2024 French-Business-Law All Rights Reserved

Useful links

Call Us:
+ 33 1 84 88 31 00

Follow us:

Facebook Linkedin

You have a question in French Business Law?

Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.

All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.