If the request is granted, the public prosecutor may, within ten days, contest this decision before the president of the investigating chamber. This challenge suspends the execution of the decision.
The President of the Examining Magistrate’s Chamber, after requesting written submissions from the Public Prosecutor, makes a reasoned order within two months. This period is extended to four months if an expert opinion is ordered. This order is notified to the Public Prosecutor and by registered letter with acknowledgement of receipt to the interested party. It may only be appealed to the Supreme Court if it does not satisfy, in…
If the requests provided for in Article 706-53-10, the public prosecutor shall inform the department managing the file of the decision, which shall immediately proceed, depending on the case, to delete the data, rectify it or record the new frequency of the obligation to appear in the file.
The file shall retain for a period of three years information relating to the recordings and interrogations to which it is subject, specifying the capacity of the person or authority who carried out the operation. This information may only be consulted by the magistrate in charge of the department managing the file or, with his authorisation, by persons specially authorised by him. It may give rise to statistical analyses.
The department managing the file shall erase the data entered in it: a) On expiry of the periods provided for in 1° and 2° of Article 706-53-4; b) When informed of one of the decisions mentioned in the last paragraph of Article 706-53-4; c) When informed of the person’s death; d) When informed of an erasure decision taken pursuant to article 706-53-10.
The examining magistrate, or his clerk, shall proceed with the deletion of the data entered in the file in the event of a decision to dismiss, terminate or release the judicial supervision.
Magistrates from the public prosecutor’s office and any official from the public prosecutor’s office specially authorised by the public prosecutor exercise the powers granted to that magistrate for the application of this chapter. The same applies to those granted to the department managing the file, for magistrates placed under its authority and officials specially authorised by it.
For decisions handed down by the courts of appeal or, where applicable, by the assize courts, the powers recognised in this chapter to the investigating judge or his clerk shall be exercised by the president of the investigating chamber or the clerk of that chamber. Those recognised to the public prosecutor shall be exercised by the public prosecutor, the magistrates of the public prosecutor’s office and any official of the…
Registration of personal data in the file is carried out directly by authorised or empowered persons. Registration and consultation of the file are carried out via secure telecommunication means. The transmission of data between the department managing the file and the Ministry of the Interior is carried out by secure IT means.
The president of the chamber and the two councillors of the court of appeal who make up the regional court for secure detention belong to the court of appeal within whose jurisdiction this court sits. They are appointed by the first president of the court for a period of three years after consultation with the general assembly of judges. The first president appoints three alternate members for the same term…
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182, rue de Rivoli
75001, Paris France
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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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