In the case of an offence punishable by at least three years’ imprisonment committed against the victim’s spouse, cohabitee or partner linked to the victim by a civil solidarity pact, including when they are not cohabiting, or committed by the victim’s former spouse or cohabitee or by the partner who was linked to the victim by a civil solidarity pact, the judge may, at the request or with the express consent of the victim, which may be obtained by any means:
1° Prohibit the person placed under judicial supervision from approaching the victim at less than a certain distance set by the decision;
2° And, in order to ensure compliance with the prohibition provided for in 1°, require this person to wear, for the entire duration of the placement, a bracelet incorporating a transmitter enabling his or her location throughout national territory to be determined remotely at any time and if he or she approaches the victim who has been allocated an electronic device that also enables his or her location to be determined.
The person placed under judicial supervision is informed that the bracelet cannot be fitted without his or her consent, but that refusal to have it fitted constitutes a breach of his or her obligations and may result in the revocation of the measure and his or her placement in pre-trial detention. This system is approved by the Minister of Justice. Its implementation must guarantee respect for the person’s dignity, integrity and privacy and must not hinder his or her social integration.
The provisions of this article are specified by decree in the Council of State. This decree by the Council of State, issued after consultation with the Commission nationale de l’informatique et des libertés, authorises the implementation of automated processing of personal data ensuring remote monitoring of the location of the person placed under judicial supervision and the victim; these provisions may extend the purposes of the processing provided for in Article 763-13. The persons contributing to this remote monitoring, which may not result in requiring the presence of the person placed under judicial supervision in certain places, may be private persons authorised under the conditions laid down by this decree.
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