In criminal and correctional matters, if the penalty incurred is equal to or greater than three years’ imprisonment, the investigating judge may, where the needs of the information so require, order the interception, recording and transcription of correspondence sent by electronic communications. These operations are carried out under his authority and control.
The interception decision is in writing. It has no judicial character and is not subject to appeal.
In the case of an offence punishable by imprisonment committed via electronic communications on the victim’s line, interception may also be authorised, under the same terms and conditions, if it takes place on this line at the victim’s request.
No interception may be carried out on a line belonging to a lawyer’s chambers or home, unless there are plausible grounds for suspecting him of having committed or attempted to commit, as perpetrator or accomplice, the offence that is the subject of the proceedings or a related offence within the meaning of Article 203 and provided that the measure is proportionate with regard to the nature and seriousness of the facts. The decision is taken by reasoned order of the liberty and custody judge, referred for this purpose by reasoned order of the investigating judge, taken after consultation with the public prosecutor.