Criminal Record
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Criminal Record

CODE OF CRIMINAL PROCEDURE
(Legislative Part)

Title VIII: Criminal record

Article 768

(Law n ° 67-563 of July 13, 1967, art. 153 and 164 Official Journal of July 14, 1967)
(Law n ° 72-1226 of December 29, 1972 art. 62 Official Journal of December 30, 1972)
(Law n ° 75-624 of July 11, 1975 art. 47 Official Journal of July 13, 1975)
(Law n ° 79-1131 of December 29, 1979 art. 62 Official Journal of December 29, 1979)
(Law n ° 80-2 of April 1, 1980 art. 1 Official Journal of January 5, 1980)
(Law n ° 84-1150 of December 21, 1984 art. 2 Official Journal of December 22, 1984)
(Law n ° 85-98 of January 25, 1985, art. 219-i and 243 Official Journal of January 26, 1985)
(Law n ° 85-835 of August 7, 1985 art. 7 Official Journal of August 8, 1985 in force on October 1, 1985)
(Law n ° 89-469 of July 10, 1989 art. 8 Official Journal of July 11, 1989 in force on January 1, 1990)
(Law nº 92-1336 of December 16, 1992 art. 114 Official Journal of December 23, 1992 in force on March 1, 1994)
(Law n ° 94-475 of June 10, 1994 art. 93 Official Journal of June 11, 1994 in force on October 1, 1994)
(Law n ° 2002-1138 of September 9, 2002, art. 15 and 36 Official Journal of September 10, 2002)

Law nº 2004-204 of March 9, 2004 art. 200 Official Journal of March 10, 2004 in force on October 1, 2004)
(Law n ° 2005-845 of July 26, 2005 art. 1 I Official Journal of July 27, 2005)

   The automated national criminal record, which may include one or more processing centers, is kept under the authority of the Minister of Justice. It receives, with regard to persons born in France and after checking their identity by means of the national identification directory of natural persons, the identification number cannot under any circumstances serve as a basis for verifying the identity. :
   1 ° Contradictory convictions as well as convictions by default, not subject to opposition, pronounced for felony, misdemeanor or contravention of the fifth class, as well as convictions accompanied by an exemption from the sentence or an adjournment of the pronouncement of the penalty unless the mention of the decision in bulletin nº 1 has been expressly excluded in application of article 132-59 of the penal code;
   2 ° Contradictory or default convictions, not subject to opposition, for contraventions of the first four classes as soon as a measure of prohibition, forfeiture or incapacity is taken, as a main or complementary measure;
   3 ° The decisions pronounced by application of articles 8, 15, 15-1, 16, 16 bis and 28 of the ordinance n ° 45-174 of February 2, 1945, modified, relating to delinquent children;
   4 ° Disciplinary decisions pronounced by the judicial authority or by an administrative authority when they entail or decree incapacities;
   5 ° Judgments pronouncing judicial liquidation with regard to a natural person, personal bankruptcy or the prohibition provided for by Article L. 653-8 of the Commercial Code;
   6 ° All judgments pronouncing the forfeiture of parental authority or the withdrawal of all or part of the rights attached thereto;
   7 ° The expulsion orders issued against foreigners;
   8 ° 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 or have been executed in France following the transfer of the sentenced persons;
   9 ° The penal compositions, the execution of which has been noted by the public prosecutor

 

Article 768-1

(inserted by Law nº 92-1336 of December 16, 1992 art. 115 Official Journal of December 23, 1992 in force on March 1, 1994)

   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

(Law n ° 75-624 of July 11, 1975 art. 48 Official Journal of July 13, 1975)
(Law n ° 84-1150 of December 21, 1984 art. 3 Official Journal of December 22, 1984)
(Law nº 92-1336 of December 16, 1992 art. 116 Official Journal of December 23, 1992 in force on March 1, 1994)
(Law nº 94-475 of June 10, 1994 art. 91 Official Journal of June 11, 1994 in force on October 1, 1994)
(Law n ° 2002-1138 of September 9, 2002 art. 36 Official Journal of September 10, 2002)

Law nº 2004-204 of March 9, 2004 art. 162 III, art. 201 Official Journal of March 10, 2004 in force on January 1, 2005)
(Law n ° 2005-845 of July 26, 2005 art. 1 I Official Journal of July 27, 2005)

   Mention is made on the criminal records of sentences or exemptions from sentences pronounced after postponement of the pronouncement of the sentence, pardons, commutations or reductions of sentences, decisions which suspend or which order the execution of a first sentence, decisions taken pursuant to the second paragraph of article 728-4 or the first paragraph of article 728-7, decisions on conditional release and revocation, decisions to suspend the sentence, decisions that revoke or suspend the deportation orders, as well as the date of expiry of the sentence and the payment of the fine.
   Records relating to convictions erased by an amnesty, by full or judicial rehabilitation or reformed in accordance with a decision to rectify the criminal record are withdrawn from the criminal record. It is the same, except with regard to the convictions pronounced for imprescriptible facts, files relating to convictions pronounced for more than forty years and which were not followed by a new conviction to a criminal or correctional sentence. .
   The following are also removed from the criminal record:
   1 ° Judgments pronouncing personal bankruptcy or the prohibition provided for by Article L. 653-8 of the Commercial Code when these measures are canceled by a closing judgment for the extinction of the liabilities, by the rehabilitation or at the expiration of the period of five years from the day on which these sentences became final as well as the judgment pronouncing judicial liquidation in respect of a natural person, at the expiration of a period of five years from the day on which this judgment is become final or after the pronouncement of a judgment involving rehabilitation.
   However, if the duration of the personal bankruptcy or the ban is more than five years, the conviction relating to these measures remains mentioned on the criminal records for the same period;
   2 ° Disciplinary decisions erased by rehabilitation;

   3 ° Sentences accompanied in whole or in part by the benefit of the suspension, with or without probation, at the expiry of the periods provided for by articles 133-13 and 133-14 of the penal code calculated from the day on which the sentences must be considered as null and void;
   4 ° Exemptions from penalties, at the end of
   5 ° The convictions for contravention, at the expiration of a period of three years from the day on which these convictions become final; this period is extended to four years in the case of a contravention the recurrence of which constitutes an offense;
   6 ° The information relating to the penal composition, at the expiration of a period of three years from the day on which the execution of the measure was noted, if the person has not, during this period, been subjected to conviction to a criminal or correctional sentence, or executed a new penal composition;
   7 ° The files relating to the measures pronounced in application of articles 8, 15, 15-1, 16, 16 bis and 28 of the aforementioned ordinance n ° 45-174 of February 2, 1945 at the expiration of a period of three years to from the day on which the measure was pronounced if the person has not, during this period, either been sentenced to a criminal or correctional sentence, or carried out a penal composition, or has been the subject of a new measure pronounced in application of the aforementioned provisions of the said ordinance.

   NOTE: Law nº 2007-297 of March 5, 2007 art. 43 III: The provisions of this article come into force one year after the date of publication of this law. They are then immediately applicable to convictions still appearing in the criminal record, regardless of the date of commission of the offense; however, the doubling of the rehabilitation periods in the event of a repeat offense is only applicable for acts committed after the date of publication of this law.
   NOTE: This version of this article is in effect until March 1, 2008. NOTE: This version of this article is in effect until March 7, 2008.

 

Article 769

(Law n ° 75-624 of July 11, 1975 art. 48 Official Journal of July 13, 1975
(Law n ° 84-1150 of December 21, 1984 art. 3 Official Journal of December 22, 1984)
(Law nº 92-1336 of December 16, 1992 art. 116 Official Journal of December 23, 1992 in force on March 1, 1994)
(Law nº 94-475 of June 10, 1994 art. 91 Official Journal of June 11, 1994 in force on October 1, 1994
(Law n ° 2002-1138 of September 9, 2002 art. 36 Official Journal of September 10, 2002)
(Law n ° 2003-495 of June 12, 2003 art. 4 VI Official Journal of June 13, 2003)
(Ordinance n ° 2000-912 of September 18, 2000 art. 4 Official Journal of September 21, 2000)
(Law n ° 2004-204 of March 9, 2004 art. 162 III, art. 201 Official Journal of March 10, 2004 in force on January 1, 2005
(Law n ° 2005-845 of July 26, 2005 art. 1 I Official Journal of July 27, 2005
(Law n ° 2007-297 of March 5, 2007 art. 43 II Official Journal of March 7, 2007 in force on March 7, 2008)

   Mention is made on the criminal records of sentences or exemptions from sentences pronounced after postponement of the pronouncement of the sentence, pardons, commutations or reductions of sentences, decisions which suspend or which order the execution of a first sentence, decisions taken pursuant to the second paragraph of article 728-4 or the first paragraph of article 728-7, decisions on conditional release and revocation, decisions to suspend the sentence, pardons, decisions relating to or suspend the expulsion orders, as well as the date of the expiry of the sentence and the payment of the fine.
   Records relating to convictions erased by an amnesty or reformed in accordance with a decision to rectify the criminal record are withdrawn from the criminal record. It is the same, except with regard to the convictions pronounced for imprescriptible facts, files relating to convictions pronounced for more than forty years and which were not followed by a new conviction to a criminal or correctional sentence. .
   The following are also removed from the criminal record:
   1 ° Judgments pronouncing personal bankruptcy or the prohibition provided for by Article L. 653-8 of the Commercial Code when these measures are canceled by a closing judgment for the extinction of the liabilities, by the rehabilitation or at the expiration of the period of five years from the day on which these sentences became final as well as the judgment pronouncing judicial liquidation in respect of a natural person, at the expiration of a period of five years from the day on which this judgment is become final or after the pronouncement of a judgment involving rehabilitation.
   However, if the duration of the personal bankruptcy or the ban is more than five years, the conviction relating to these measures remains mentioned on the criminal records for the same period;
   2 ° Disciplinary decisions erased by rehabilitation;
   3 ° (Deleted)
   4 ° Exemptions from penalties, at the expiration of a period of three years from the day on which the conviction becomes final;

   5 ° The convictions for contravention, at the expiration of a period of three years from the day on which these convictions become final; this period is extended to four years in the case of a contravention the recurrence of which constitutes an offense;
   6 ° The information relating to the penal composition, at the expiration of a period of three years from the day on which the execution of the measure was noted, if the person has not, during this period, been subjected to conviction to a criminal or correctional sentence, or executed a new penal composition;
   7 ° The files relating to the measures pronounced in application of articles 8, 15, 15-1, 16, 16 bis and 28 of the aforementioned ordinance n ° 45-174 of February 2, 1945 at the expiration of a period of three years to from the day on which the measure was pronounced if the person has not, during this period, either been sentenced to a criminal or correctional sentence, or carried out a penal composition, or has been the subject of a new measure pronounced in application of the aforementioned provisions of said ordinance;
   8 ° Convictions having been the subject of a judicial rehabilitation, when the court has expressly ordered the removal of the conviction from the criminal record in accordance with the second paragraph of article 798.

   NOTE: Law n ° 2007-297 of 5 March 2007 art . 43 III: The provisions of this article come into force one year after the date of publication of this law. They are then immediately applicable to convictions still appearing in the criminal record, regardless of the date of commission of the offense; however, the doubling of rehabilitation timeframes in the event of a recurrence does not

Article 769-1

(inserted by Law nº 92-1336 of December 16, 1992 art. 117 Official Journal of December 23, 1992 in force on March 1, 1994)

   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

(Law nº 92-1336 of December 16, 1992 art. 118 Official Journal of December 23, 1992 in force on March 1, 1994)
 

(Law n ° 2002-1138 of September 9, 2002 art. 15 Official Journal of September 10, 2002)

   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

(Law n ° 70-643 of July 17, 1970 art. 31 Official Journal of July 19, 1970)

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

(Law n ° 80-2 of January 4, 1980 art. 2 Official Journal of January 5, 1980)

   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

(Law n ° 80-2 of January 4, 1980 art. 3 Official Journal of January 5, 1980)
 

(Law nº 85-669 of July 11, 1985 art. 10-i Official Journal of July 12, 1985)

   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

(inserted by Law n ° 80-2 of January 4, 1980 art. 2 Official Journal of January 5, 1980)

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.

NEWSLETTER N ° 1

Article 774

(Law n ° 70-643 of July 17, 1970 art. 31 Official Journal of July 19, 1970)
 

(Law n ° 75-624 of July 11, 1975 art. 49 Official Journal of July 13, 1975 in force on January 1, 1976)

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

(inserted by Law nº 92-1336 of December 16, 1992 art. 119 Official Journal of December 23, 1992 in force on March 1, 1994)

   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”.

 

BULLETIN N ° 2

Article 775

(Law n ° 70-643 of July 17, 1970 art. 31 Official Journal of July 19, 1970)
(Law n ° 85-98 of January 25, 1985, art. 219-ii and 243 Official Journal of January 26, 1985)
(Law n ° 85-1407 of December 30, 1985 art. 80 and art. 94 Official Journal of December 31, 1985 in force on February 1, 1986)
(Law n ° 89-461 of July 6, 1989 art. 13 Official Journal of July 8, 1989)
(Law nº 92-1336 of December 16, 1992 art. 120 Official Journal of December 23, 1992 in force on March 1, 1994)
(Law n ° 98-468 of June 17, 1998 art. 41 Official Journal of June 18, 1998)
(Law n ° 2002-1138 of September 9, 2002, art. 15 and 36 Official Journal of September 10, 2002)  

Law n ° 2002-1138 of September 9, 2002 art. 15 and 36 Official Journal of September 10, 2002)
(Law n ° 2005-882 of August 2, 2005 art. 43 Official Journal of August 3, 2005)
   Bulletin n ° 2 is the record of the criminal records applicable to the same person, with the exception of those concerning the following decisions:
   1 ° The decisions pronounced under articles 2, 8, 15, 15-1, 16, 18 and 28 of Ordinance No. 45-174 of February 2, 1945, as amended, relating to child delinquency;
   2 ° The convictions of which the mention in bulletin n ° 2 was expressly excluded in application of article 775-1;
   3 ° The convictions pronounced for police contraventions;
   4 ° Sentences accompanied by the benefit of the suspension, with or without probation, when they must be considered null and void; however, if 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 has been pronounced, the decision continues to appear in bulletin No. 2 for the duration of the measurement;
   6 ° The sentences to which the provisions of article 343 of the Code of Military Justice are applicable;
   7º and 8º (paragraphs repealed);
   9 ° The provisions pronouncing the deprivation of parental authority;
   10 ° Expulsion orders repealed or revoked;
   11 ° Sentences pronounced without suspension in application of articles 131-5 to 131-11 of the penal code, at the expiration of a period of five years from the day on which they become final. The time limit is three years in the case of a sentence of days-fine.
   However, if the duration of the ban, forfeiture or incapacity, pronounced in application of articles 131-10 and 131-11, is greater than five years, the sentence remains mentioned in bulletin n ° 2 for the same duration;
   12 ° Convictions accompanied by an exemption from the penalty or
   13 ° Sentences pronounced by foreign courts;
   14 ° The penal compositions mentioned in article 768;
   15 ° Unless the judge decides otherwise, with specific reasons, the sentences pronounced for the offenses provided for in Title IV of Book IV of the Commercial Code.
   Ballots No. 2 provided in the event of a dispute concerning registration on the electoral rolls only include decisions leading to incapacity in the exercise of the right to vote.
   When there are no records in the criminal record relating to decisions to be noted on bulletin no. 2, it is marked None.
   NOTE: Law nº 2007-297 of March 5, 2007 art. 43 III: The provisions of this article come into force one year after the date of publication of this law. They are then immediately applicable to convictions still appearing in the criminal record, regardless of the date of commission of the offense; however, the doubling of the rehabilitation periods in the event of a repeat offense is only applicable for acts committed after the date of publication of this law.
   NOTE: This version of this article is in effect until March 1, 2008. NOTE: This version of this article is in effect until March 7, 2008.

Article 775

(Law n ° 70-643 of July 17, 1970 art. 31 Official Journal of July 19, 1970)
(Law n ° 85-98 of January 25, 1985, art. 219-ii and 243 Official Journal of January 26, 1985)
(Law n ° 85-1407 of December 30, 1985 art. 80 and art. 94 Official Journal of December 31, 1985 in force on February 1, 1986)
(Law n ° 89-461 of July 6, 1989 art. 13 Official Journal of July 8, 1989)
(Law nº 92-1336 of December 16, 1992 art. 120 Official Journal of December 23, 1992 in force on March 1, 1994)
(Law n ° 98-468 of June 17, 1998 art. 41 Official Journal of June 18, 1998)
(Law n ° 2002-1138 of September 9, 2002, art. 15 and 36 Official Journal of September 10, 2002)
(Law n ° 2005-882 of August 2, 2005 art. 43 Official Journal of August 3, 2005)
(Law nº 2007-297 of March 5, 2007 art. 43 II 6º Official Journal of March 7, 2007 in force on March 7, 2008)

   Bulletin n ° 2 is the record of the criminal records applicable to the same person, with the exception of those concerning the following decisions:
   1 ° The decisions pronounced under articles 2, 8, 15, 15-1, 16, 18 and 28 of Ordinance No. 45-174 of February 2, 1945, as amended, relating to child delinquency;
   2 ° The convictions of which the mention in bulletin n ° 2 was expressly excluded in application of article 775-1;
   3 ° The convictions pronounced for police contraventions;
   4 ° Sentences accompanied by the benefit of the suspension, with or without probation, when they must be considered null and void; however, if 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 has been pronounced, the decision continues to appear in bulletin No. 2 for the duration of the measurement;
   5 ° Sentences having been the subject of a full or judicial rehabilitation;
   6 ° The sentences to which the provisions of article 343 of the code of military justice are applicable;

   9 ° The provisions pronouncing the deprivation of parental authority;
   10 ° Expulsion orders repealed or revoked;
   11 ° Sentences pronounced without suspension in application of articles 131-5 to 131-11 of the penal code, at the expiration of a period of five years from the day on which they become final. The time limit is three years in the case of a sentence of days-fine.
   However, if the duration of the ban, forfeiture or incapacity, pronounced in application of articles 131-10 and 131-11, is greater than five years, the sentence remains mentioned in bulletin n ° 2 for the same duration;
   12 ° The convictions accompanied by an exemption from the sentence or an adjournment of the pronouncement thereof;
   13 ° Sentences pronounced by foreign courts;
   14 ° The penal compositions mentioned in article 768;
   15 ° Unless the judge decides otherwise, with specific reasons, the sentences pronounced for the offenses provided for in Title IV of Book IV of the Commercial Code.
   Ballots No. 2 provided in the event of a dispute concerning registration on the electoral rolls only include decisions leading to incapacity in the exercise of the right to vote.
   When there are no records in the criminal record relating to decisions to be noted on bulletin no. 2, it is marked None.
   NOTE: Law nº 2007-297 of March 5, 2007 art. 43 III: The provisions of this article come into force one year after the date of publication of this law. They are then immediately applicable to convictions still appearing in the criminal record, regardless of the date of commission of the offense; however, the doubling of the rehabilitation periods in the event of a repeat offense is only applicable for acts committed after the date of publication of this law.

 

BULLETIN N ° 2 FOR LEGAL PERSONS

Article 775-1 A

(Law nº 92-1336 of December 16, 1992 art. 121 Official Journal of December 23, 1992 in force on March 1, 1994)
 

(Ordinance n ° 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2000 in force on January 1, 2002)

   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

(Law n ° 75-624 of July 11, 1975 art. 51 Official Journal of July 13, 1975 in force on January 1, 1976)
 

(Law nº 92-1336 of December 16, 1992 art. 122 Official Journal of December 23, 1992 in force on March 1, 1994)

(Law n ° 2004-204 of March 9, 2004 art. 202 Official Journal of March 10, 2004)

   The court which pronounces a conviction can expressly exclude its mention in bulletin n. 2 either in the judgment of conviction, or by judgment rendered subsequently on the request of the convicted person investigated and judged according to the rules of competence and procedure fixed by articles 702-1 and 703.
   The exclusion of the mention of a conviction in the bulletin not. 2 entails removal of all prohibitions, disqualifications or incapacities of any kind resulting from this conviction.
   The provisions of this article are not applicable to persons convicted of one of the offenses mentioned in article 706-47.

 

Article 775-2

(inserted by Law nº 88-828 of July 20, 1988 art. 34 Official Journal of July 21, 1988)

   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

(Law n ° 85-98 of January 25, 1985, art. 249-iii and 243 Official Journal of January 26, 1985)
(Law n ° 2002-3 of January 3, 2002 art. 12 Official Journal of January 4, 2002)

(Law n ° 2004-204 of March 9, 2004 art. 203, art. 204 Official Journal of March 10, 2004)
(Law n ° 2007-293 of March 5, 2007 art. 10 Official Journal of March 6, 2007)

   The bulletin n ° 2 of the criminal record is issued:
   1 ° To the prefects and public administrations of the State referred to requests for public employment, proposals relating to honorary distinctions or submissions for public works or contracts awards or in view of disciplinary proceedings or the opening of a private school, as well as requests for approval intended to allow the establishment by minutes of offenses against criminal law;
   2 ° To the military authorities for the conscripts of the classes and maritime registration and for the young people who request to contract an engagement as well as to the competent public authorities in the event of dispute on the exercise of the electoral rights or on the existence of the ‘inability to exercise an elective public function provided for by article 194 of the aforementioned law n ° 85-98 of 25 January 1985 (1);
   3 ° To administrations and legal persons whose list will be determined by the decree of the Council of State provided for in article 779, as well as to the administrations or bodies entrusted by law or the regulation with the control of the exercise of an activity professional or social when this exercise is subject to restrictions expressly based on the existence of criminal convictions.
   4 ° To the presidents of the commercial courts to be joined in bankruptcy and judicial settlement procedures, as well as to the judges responsible for the supervision of the commercial register on the occasion of applications for registration in the said register;
   5 ° To the presidents of general councils receiving an application for approval with a view to adoption provided for in article L. 225-2 of the code of social action and families.
   The managers of legal entities governed by public or private law exercising a cultural, educational or social activity with minors within the meaning of Article L. 312-1 of the Code of Social Action and Families can obtain the issuance of Bulletin No. 2 of the criminal record, for the sole necessities related to the recruitment of a person, when this bulletin does not mention any conviction. The list of these legal persons is determined by decree of the Minister of Justice and of the minister or ministers concerned.

   NOTE (1): Article 194 of Law No. 85-98 of January 25, 1985 was repealed by Article 4 of Ordinance No. 2000-912 of September 18, 2000.

Article 776-1

(inserted by Law nº 92-1336 of December 16, 1992 art. 123 Official Journal of December 23, 1992 in force on March 1, 1994)
 

(Law n ° 2003-706 of August 1, 2003 art. 46 Official Journal of August 2, 2003)

   Bulletin n ° 2 of the judicial records of legal persons is issued:
   1 ° To prefects, state administrations and local communities receiving proposals or submissions for contracts for works or public contracts;
   2 ° To the administrations responsible for cleaning up the agricultural, commercial, industrial or craft professions;
   3 ° To the presidents of the commercial courts in the event of judicial reorganization or liquidation, as well as to the judges responsible for the supervision of the commercial and companies register on the occasion of requests for registration in the said register;
   4 ° To the Autorité des marchés financiers with regard to legal entities making public offerings.

 

Article 777

(Law n ° 70-663 of July 17, 1970 art. 31 Official Journal of July 19, 1970)
(Law n ° 75-624 of July 11, 1975 art. 52 Official Journal of July 13, 1975 in force on January 1, 1976)
(Law n ° 92-1336 of December 16, 1992 art. 124 Official Journal of December 23, 1992 in force on March 1, 1994)
(Law n ° 98-468 of June 17, 1998 art. 41 Official Journal of June 18, 1998)

   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

(Law n ° 72-1226 of December 29, 1972, art. 51 Official Journal of December 30, 1972)
(Law n ° 75-624 of July 11, 1975 art. 53 Official Journal of July 13, 1975 in force on January 1, 1976)
   The mention of a conviction in bulletin n. 3 can be excluded under the conditions set by paragraph 1 of article 775-1.

Article 777-2

(Law nº 80-2 of January 4, 1980 art. 5, art. 10 Official Journal of January 5, 1980)
(Law nº 92-1336 of December 16, 1992 art. 125 Official Journal of December 23, 1992 in force on March 1, 1994)

   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

(Law n ° 80-2 of January 4, 1980 art. 4, art. 10 Official Journal of January 5, 1980)
 

(Law nº 92-1336 of December 16, 1992 art. 127 Official Journal of December 23, 1992 in force on March 1, 1994)

(Law n ° 2004-801 of August 6, 2004 art. 17 V Official Journal of August 7, 2004)

   No interconnection within the meaning of 3 ° of I of article 30 of law n ° 78-17 of 6 January 1978 relating to data processing, files and freedoms can be made between the automated national criminal record and any other file or processing of personal data held by any person or by a State service outside the Ministry of Justice.
   No file or processing of personal data held by any person or by a State service not dependent on the Ministry of Justice may mention, except in the cases and under the conditions provided for by law, judgments or rulings. of conviction.
   However, a criminal conviction may still be invoked by the victim of the offense.
   Any violation of the above provisions will be punished by the penalties incurred for the offense provided for in article 226-21 of the penal code.

 

Article 778

(Law n ° 2000-516 of June 15, 2000 art. 83 Official Journal of June 16, 2000 in force on January 1, 2001)

   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

(Law n ° 80-2 of January 4, 1980 art. 7 and art. 8 Official Journal of January 5, 1980)
(Law nº 92-1336 of December 16, 1992 art. 126 Official Journal of December 23, 1992 in force on March 1, 1994)

   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

(Law n ° 85-835 of August 7, 1985 art. 7 Official Journal of August 8, 1985 in force on October 1, 1985)
(Law n ° 89-469 of July 10, 1989 art. 8 Official Journal of July 11, 1989 in force on January 1, 1990)
(Law nº 92-1336 of December 16, 1992 art. 129 Official Journal of December 23, 1992 in force on March 1, 1994)
(Ordinance n ° 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2000 in force on January 1, 2002)

   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.

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