LexInter | April 14, 2019 | 0 Comments

Prosecution of Acts of Terrorism

Article 23

After article 78-2-1 of the code of criminal procedure, an article 78-2-2 is inserted as follows:
“Art. 78-2-2. – On written requisitions from the public prosecutor for the purposes of research and prosecution of acts of terrorism referred to in articles 421-1 to 421-5 of the penal code, offenses relating to weapons and explosives referred to by the article 3 of the aforementioned law of June 19, 1871 and by articles 20, 31 and 32 of the aforementioned decree of April 18, 1939 or acts of drug trafficking covered by articles 222-34 to 222-38 of the penal code, the officers judicial police, assisted, if necessary, by judicial police officers and deputy judicial police officers mentioned in 1o, 1o bis and 1o ter of Article 21, may, in the places and for the period of time that this magistrate determines, proceed not only with the identity checks provided for in the sixth paragraph of the
“For the application of the provisions of this article, vehicles in circulation may only be immobilized for the time strictly necessary for the conduct of the inspection which must take place in the presence of the driver. When it relates to a stationary or parked vehicle, the visit takes place in the presence of the driver or the owner of the vehicle or, failing that, a person required for this purpose by the officer or agent. judicial police and which does not come under its administrative authority. However, the presence of an external person is not required if the visit involves particular risks.
“In the event of discovery of an infringement or if the driver or the owner of the vehicle requests it as well as in the event that the visit takes place in their absence, a report is drawn up mentioning the place and the dates and times of the start and end of these operations. A copy is given to the person concerned and another is sent without delay to the public prosecutor.
“The fact that these operations reveal offenses other than those referred to in the requisitions of the public prosecutor does not constitute a cause of nullity of the incidental proceedings. ”

Article 24

I. – After article 76 of the code of criminal procedure, an article 76-1 is inserted as follows:
“Art. 76-1. – By way of derogation from the first two paragraphs of article 76, if the necessities of the investigation relating to one of the offenses relating to weapons and explosives referred to in article 3 of the law of June 19, 1871, repeals the decree of September 4, 1870 on the manufacture of weapons of war and by articles 20, 31 and 32 of the decree of April 18, 1939 fixing the regime of war materials, arms and ammunition or one of the crimes or offenses in narcotics matters covered by articles 222-34 to 222-38 of the penal code so require, the judge of freedoms and detention of the tribunal de grande instance may, at the request of the public prosecutor, authorize, by written decision and motivated, the judicial police officers, assisted, if necessary, judicial police officers and assistant judicial police officers mentioned in 1o, 1a bis and 1o ter of article 21, to carry out searches, house visits and seizure of exhibits without the consent of the person to whom they take place. The decision of the judge of freedoms and detention must specify the qualification of the offenses for which proof is sought, the factual elements suggesting their existence as well as the address of the places in which the operations must be carried out. The provisions of article 57 are then applicable. The decision of the judge of freedoms and detention must specify the qualification of the offenses for which proof is sought, the factual elements suggesting their existence as well as the address of the places in which the operations must be carried out. The provisions of article 57 are then applicable. The decision of the judge of freedoms and detention must specify the qualification of the offenses for which proof is sought, the factual elements suggesting their existence as well as the address of the places in which the operations must be carried out. The provisions of article 57 are then applicable.
“When searches and seizures do not concern residential premises, the liberties and detention judge may authorize their carrying out outside the hours provided for in article 59.
” The fact that the operations provided for in this article reveal offenses other than those referred to in the decision of the judge of freedoms and detention does not constitute a ground for nullity of the incidental proceedings. ”
II. – The first paragraph of article 706-24 of the same code is supplemented by a sentence worded as follows:
“If these operations do not concern residential premises, the liberty and detention judge may authorize their carrying out outside the hours provided for in section 59. ”

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