The investigating judge or the judicial police officer appointed by him or, under the latter’s supervision, the judicial police officer draws up a report of each interception and recording operation. This report shall mention the date and time when the operation began and when it ended. The recordings are placed under closed seal. .
The investigating judge, the judicial police officer assigned by him or her, or the judicial police officer or investigative assistant acting under the control of that officer, shall transcribe correspondence that is useful in ascertaining the truth. This transcription is placed in the file. Correspondence in a foreign language is transcribed into French with the assistance of an interpreter requested for this purpose. On pain of nullity, correspondence with a…
The recordings 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.
No interception may take place on the line of a member of parliament or senator without the president of the assembly to which he or she belongs being informed by the investigating judge. No interception may take place on a line dependent on a lawyer’s chambers or home without the president of the bar being informed by the investigating judge. No interception may take place on a line depending from…
When an interception of correspondence emitted by electronic communications concerns a communication address that is used on the territory of a Member State of the European Union, and when it is not carried out within the framework of a European investigation decision, the examining magistrate or the judicial police officer assigned by him shall notify this interception to the competent authority of this State if the person targeted by this…
The examining magistrate shall summon before him, by a bailiff or a law enforcement officer, all persons whose testimony he deems useful. A copy of this summons shall be delivered to them. Witnesses may also be summoned by simple letter, by registered letter or through administrative channels; they may also appear voluntarily. When summoned or summoned, witnesses are advised that, if they do not appear or refuse to appear, they…
Witnesses are heard, either separately and without the presence of the parties, or during confrontations carried out between them or with one or other of the parties, by the investigating judge, assisted by his clerk; a record is made of their statements. The investigating judge may call in an interpreter of legal age, excluding his clerk and the witnesses. The interpreter, if not sworn, shall take an oath to assist…
The witnesses take an oath to tell the whole truth and nothing but the truth. The judge asks them for their surname, first names, age, status, profession, residence, whether they are related or allied to the parties and to what degree or whether they are in their service. A note is made of the request and the reply.
Persons against whom there is serious and corroborating evidence of having participated in the acts referred to the investigating judge may not be heard as witnesses.
Each page of the minutes is signed by the judge, the clerk and the witness. The latter is then invited to reread his statement as it has just been transcribed, and then to sign it if he declares that he is in agreement with it. If the witness cannot read, it is read to him by the clerk. If the witness is unwilling or unable to sign, this is noted…
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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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