Criminal Record
CODE OF CRIMINAL PROCEDURE
(Legislative Part)
Title VIII: Criminal record
Article 768
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Article 768-1
The automated national criminal record receives, with regard to legal persons and after checking their identity by means of the national register of companies and establishments:
1 ° Contradictory sentences and sentences by default not subject to opposition, pronounced for felony, fifth class misdemeanor or contravention by any repressive jurisdiction;
2 ° Contradictory or default convictions not subject to opposition for contraventions of the first four classes, as soon as a measure of prohibition, revocation, incapacity, or a restrictive measure is taken, primarily or as a supplement. by right ;
3 ° The convictions accompanied by a dispensation from the sentence or an adjournment, with or without injunction, of the pronouncement of the sentence;
4 ° Sentences pronounced by foreign jurisdictions which, in application of an international convention or agreement, have been the subject of a notice to the French authorities.
The terms of application of this article are determined by decree of the Council of State.
Article 769
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Article 769-1
The amending decisions provided for in the first paragraph of
article 769 are mentioned on the judicial records of legal persons. The second paragraph of article 769 applies to sentences pronounced against legal persons.
Article 769-2
The following are removed from the criminal record:
1 ° The files relating to the measures pronounced, by application of articles 8, 15, 15-1, 16, 16 bis and 28 of the ordinance n ° 45-174 of February 2, 1945 relating to delinquent children , on the expiry date of the measure and in any case when the minor reaches the age of majority;
2 ° The files relating to sentences of fines as well as to terms of imprisonment not exceeding two months, pronounced against minors, when the person concerned reaches the age of majority;
3 ° The files relating to other criminal convictions pronounced by the juvenile courts, accompanied by the benefit of the suspension with or without probation or accompanied by the benefit of the suspension with the obligation to perform community service, to the expiration of the trial period.
Article 770
When, following a decision taken in respect of an eighteen-year-old minor, the re-education of this minor appears to be granted, the juvenile court may, after the expiration of a period of three years from the said decision and even if the minor has reached his majority, decide, at his request, at that of the public prosecutor or ex officio, the deletion of the criminal record from the file concerning the decision in question.
The juvenile court rules as the last resort. When the deletion of the file has been pronounced, the mention of the initial decision must no longer appear in the minor’s criminal record. The file relating to the said decision is destroyed.
The court of the initial prosecution, that of the place of the current domicile of the minor and that of the place of his birth are competent to hear the request.
The deletion of the file relating to a conviction pronounced for acts committed by a person between the ages of eighteen and twenty-one may also, if the reclassification of the convicted person appears acquired, be pronounced at the expiration of a period of three years from conviction. However, this abolition can only take place after the custodial sentences have been served and the fines have been paid and, if additional sentences have been pronounced for a fixed period, after the expiry of this period.
In the case provided for in the preceding paragraph, the deletion of the criminal record from the record of the conviction is requested by request, according to the rules of jurisdiction and procedure set by the second and third paragraphs of article 778.
Article 771
The automated national criminal record also receives the convictions, decisions, judgments or orders referred to in article 768 of this code, concerning persons born abroad and persons whose birth certificate has not been found or whose birth certificate has not been found. identity is questionable.
Article 772
The military authorities are informed, by sending a copy of the criminal record sheet, of any convictions or decisions likely to modify the conditions of incorporation of individuals subject to the obligation of military service.
The same authorities are also given notice of any changes made to the file or to the criminal record by virtue of Articles 769 and 770.
Article 773
The automated national criminal record communicates to the National Institute of Statistics and Economic Studies the identity of persons who have been the subject of a decision resulting in the deprivation of their electoral rights.
Article 773-1
A copy of each file noting a conviction to a custodial sentence pronounced for felony or misdemeanor is sent to the technical police base kept by the Minister of the Interior. Consultation of this file is exclusively reserved for the judicial authorities and the police and gendarmerie services.
Convictions erased by an amnesty or by full or judicial rehabilitation cease to appear on the technical police base.
Article 774
The complete statement of the criminal records applicable to the same person is entered in a bulletin called bulletin n. 1.
The bulletin n. 1 is only issued to judicial authorities.
When there is no criminal record sheet, bulletin n. 1 is marked “nil”.
BULLETIN N ° 1 FOR LEGAL PERSONS
Article 774-1
The complete statement of the criminal records applicable to the same legal person is entered on bulletin n ° 1, which is only issued to national judicial authorities, except by reciprocity agreement.
When there is no criminal record card, bulletin n ° 1 is marked “nil”.
Article 775
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BULLETIN N ° 2 FOR LEGAL PERSONS
Article 775-1 A
Bulletin n ° 2 of a legal person is the record of the files which are applicable to it, with the exception of those concerning the following decisions:
1 ° Convictions whose mention on the register extract has been expressly excluded, in application of article 775-1;
2 ° The convictions pronounced for police contravention and the sentences of fine of an amount less than 30,000 euros;
3 ° The sentences accompanied by the benefit of the suspension when they must be considered as null and void;
4 ° The convictions accompanied by a dispensation from the sentence or an adjournment, with or without injunction, of the pronouncement of the sentence;
5 ° Sentences pronounced by foreign courts.
When there are no records in the criminal record relating to decisions to be noted on this bulletin n ° 2, it is marked “none”.
Article 775-1
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Article 775-2
Those sentenced to a sentence that cannot give rise to full rehabilitation benefit, on simple request, from the exclusion of the mention of their sentence in bulletin n ° 2, according to the rules of jurisdiction set by the previous article, at the expiry of a period of twenty years from their final release or their conditional release not followed by revocation, if they have not, since this release, been sentenced to a criminal or correctional sentence.
COMMUNICATION OF BULLETIN N ° 2
Article 776
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Article 776-1
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Article 777
The bulletin n. 3 is the list of the following convictions pronounced for felony or misdemeanor, when they are not excluded from bulletin n. 2:
1 ° Sentences involving deprivation of liberty lasting more than two years which are not accompanied by any suspension or which must be executed in full by the effect of revocation of the suspension;
2 ° Sentences involving deprivation of liberty of the nature of those referred to in 1 ° above and for a period less than or equal to two years, if the court has ordered it to be mentioned in bulletin n. 3;
3 ° Convictions for prohibitions, disqualifications or incapacities pronounced without suspension, in application of articles 131-6 to 131-11 of the Penal Code, for the duration of the prohibitions, disqualifications or incapacities;
4 ° Decisions pronouncing the socio-judicial follow-up provided for by article 131-36-1 of the penal code or the penalty of prohibition to exercise a professional or voluntary activity involving habitual contact with minors, for the duration of the measure.
The bulletin n. 3 can be claimed by the person it concerns, it must not, under any circumstances, be issued to a third party.
Article 777-1
Article 777-2
Any person proving his identity obtains, on request addressed to the public prosecutor at the district court in which he resides, communication of the complete statement of the details of the criminal record concerning him.
In the case of a legal person, the request is addressed to the public prosecutor at the district court in which it has its seat, by its legal representative justifying its capacity.
If the person resides or has his seat abroad, the communication is made through the diplomatic agent or the competent consul.
The communication does not constitute notification of non-final decisions and does not run the time limit for appeal.
No copy of this full statement can be issued.
The provisions of this article are also applicable to the technical police spring.
Article 777-3
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Article 778
When in the course of any procedure the public prosecutor or the examining magistrate finds that an individual has been convicted under a false identity or has usurped a civil status, it shall immediately proceed ex officio, at the behest of the public prosecutor, to the necessary corrections before the closure of the procedure.
The rectification is requested by request to the president of the tribunal or of the court which rendered the decision. If the decision was rendered by an assize court, the request is submitted to the investigating chamber.
The president communicates the request to the public prosecutor and appoints a magistrate to make the report. The debates take place and the judgment is rendered in the council chamber. The tribunal or court may order
If the request is accepted, the costs are borne by the party who was the cause of the registration recognized as erroneous if he was called in the proceedings. Otherwise or in that of its involvability, they are borne by the Treasury.
Anyone wishing to have a reference made to their criminal record corrected can act in the same way. In the event that the request is rejected, the applicant is ordered to pay the costs.
Mention of the decision is made in the margin of the judgment or the judgment referred to in the request for rectification.
The same procedure is applicable in the event of a finding on the legal rehabilitation, or of difficulties raised by the interpretation of an amnesty law, under the terms of article 769, paragraph 2.
Article 779
A public administration regulation determines the measures necessary for the execution of articles 768 to 778, and in particular the conditions under which must be requested, drawn up and delivered the bulletins n. 1, 2 and 3 of the criminal record.
This regulation also determines the conditions under which the information recorded by the automated national criminal record can be used for the execution of criminal sentences.
This decree also organizes the methods of transmission of information between the automated national criminal record and the persons or services which have access to it.
The aforementioned public administration regulations are made after consulting the National Commission for Information Technology and Civil Liberties.
Article 781
Anyone who, by using a false name or a false capacity, has been issued an extract from the criminal record of a third party is punished with a fine of 7,500 euros.
Anyone who has provided imaginary identity information which has caused or could have caused erroneous entries in the criminal record shall be punished with the same penalties.
Anyone who has been issued by the interested party all or part of the entries in the full statement referred to in article 777-2 of this code shall be punished with the same penalties.