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Article R53-8-19 of the French Code of Criminal Procedure

When the person is serving a custodial sentence pursuant to the conviction that led to their registration in the file, their obligation to provide proof of address, to declare a change of address and, where applicable, to present themselves, only arises from the date of their final release or from the date of execution of a sentence adjustment measure leading to release from the prison, other than a temporary leave.

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Article R53-8-20 of the French Code of Criminal Procedure

When the person is in a public or private establishment in which he or she is placed, detained or held pursuant to a judicial or administrative decision, proof of address may consist of a certificate issued by the person in charge of the establishment. This certificate is sent by the person in charge, who has been informed of the person’s legal situation either by the person concerned or by the…

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Article R53-8-23 of the French Code of Criminal Procedure

Judicial authorities, as well as specially empowered judicial police officers, seized in the context of proceedings referred to in 2° of Article 706-53-7 or notified in accordance with Article R. 53-8-26, can query the file based on the following criteria, even if incomplete: “- case number; “- identity data; “- address data or location elements; “- nature of offences; “- date of events; “- place where the offences were committed;…

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Article R53-8-24 of the French Code of Criminal Procedure

I.-Pursuant to the provisions of 3° of Article 706-53-7, may directly query the file, via a secure telecommunications system, based solely on the identity of a person who has applied for recruitment, assignment, authorisation, approval or accreditation concerning an activity or profession involving contact with minors or whose exercise of such an activity or profession must be supervised : 1° Prefects or agents of prefectures specially authorised by them for…

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Article R53-8-25 of the French Code of Criminal Procedure

During searches, the identities consulted also include the result of the verification carried out by the service managing the file in accordance with Article 706-53-3 using information communicated to the criminal records department pursuant to Article R. 64. If the person concerned was born outside mainland France, if his or her place of birth is unknown or if he or she is under twelve years of age, the words: “identity…

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Article R53-8-26 of the French Code of Criminal Procedure

In application of Article 706-53-8, the file manager sends daily notices to the Ministry of the Interior of new entries, changes of address relating to an entry or failure to provide proof of address. It notifies the department managing the wanted persons file daily of the deletions it has made pursuant to the articles 706-53-4 and 706-53-10. Drawn up after automated consultation of the national file of incarcerated persons, the…

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Article R53-8-27 of the French Code of Criminal Procedure

The competent public prosecutor, pursuant to the provisions of Article 706-53-10, to order, at the request of the person concerned, the rectification or deletion of the information contained in the file or the limitation to six months or one year of the obligation to report is that of the last court that handed down a conviction that resulted in the person concerned being entered in the file. In the event…

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Article R53-8-28 of the French Code of Criminal Procedure

The competent magistrate must inform the interested party of his decision by registered letter with acknowledgement of receipt within two months of receipt of the request. This period is extended to four months if an expert opinion is ordered. Failing a response within this period, or if the magistrate does not grant the request, the interested party may refer the matter to the juge des libertés et de la détention…

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Article R53-8-29 of the French Code of Criminal Procedure

After requesting the public prosecutor’s written submissions, the liberty and custody judge makes a reasoned decision within two months. This period is extended to four months if an expert opinion is ordered. The order is notified to the public prosecutor and by registered letter with acknowledgement of receipt to the interested party.

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Article R53-8-30 of the French Code of Criminal Procedure

If the liberty and custody judge fails to rule within the time limit set in Article R. 53-8-29 or if his request is not granted, the interested party may, within a period of ten days, refer the matter to the President of the Examining Magistrate’s Court by registered letter with acknowledgement of receipt or by filing a declaration with the clerk of the Court of Appeal. The objection must be…

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