Flagrant crimes and misdemeanors
LexInter | June 9, 2018 | 0 Comments

Flagrant Crimes and Misdemeanors

CODE OF CRIMINAL PROCEDURE
(Legislative Part)

V ° CRIMES AND FLAGRAN

Chapter I: Flagrant crimes and misdemeanors

Article 53

(Law n ° 99-515 of June 23, 1999 art. 11 Official Journal of June 24, 1999)
(Law n ° 2004-204 of March 9, 2004 art. 77 II Official Journal of March 10, 2004)

A flagrant crime or misdemeanor is defined as the crime or misdemeanor which is currently being committed, or which has just been committed. There is also a flagrant crime or offense when, at a time very close to the action, the suspected person is pursued by public clamor, or is found in possession of objects, or presents traces or clues, suggesting that ‘ she participated in the crime or misdemeanor.
Following the discovery of a crime or a flagrant offense, the investigation carried out under the control of the public prosecutor under the conditions provided for in this chapter may continue without interruption for a period of eight days.
When the investigations necessary for the manifestation of the truth for a crime or an offense punishable by a penalty greater than or equal to five years’ imprisonment cannot be postponed, the public prosecutor may decide the extension, under the same conditions, of the investigation for a maximum of eight days.

Article 53-1

(Law n ° 2000-516 of June 15, 2000 art. 104 Official Journal of June 16, 2000 in force on January 1, 2001)
(Law n ° 2002-1138 of September 9, 2002 art. 63 Official Journal of September 10, 2002)

Modified by LAW n ° 2010-769 of July 9, 2010 – art. 2


 The officers and agents of the judicial police inform the victims by any means of their right:
1 ° To obtain compensation for the damage suffered;
2 ° To become a civil party if the public action is initiated by the prosecution or by directly citing the perpetrator of the facts before the competent court or by filing a complaint before the investigating judge;
3 ° To be, if they wish to become a civil party, assisted by a lawyer whom they may choose or who, at their request, will be appointed by the president of the bar association at the competent court, the costs being at the costs of victims unless they meet the conditions for access to legal aid or if they benefit from legal protection insurance;
4 ° To be helped by a service coming from one or more public authorities or by an approved victim assistance association;
5 ° To refer, if necessary, to the compensation commission for victims of crime, when it comes to

6 ° To request a protection order, under the conditions defined by articles 515-9 to 515-13 of the Civil Code Victims are also informed of the penalties incurred by the perpetrator (s) of the violence and of the conditions for the execution of any sentences that may be handed down against them.

Article 54

Modified by LAW n ° 2010-768 of July 9, 2010 – art. 1

In the event of a flagrant crime, the judicial police officer, who is notified, immediately informs the public prosecutor, goes to the scene of the crime without delay and makes all necessary findings.
He takes care of the conservation of the clues likely to disappear and of all that can be used for the manifestation of the truth. He seizes the weapons and instruments which were used to commit the crime or which were intended to commit it, as well as anything which appears to have been the direct or indirect product of this crime.
It represents the objects seized, for recognition, to people who appear to have participated in the crime, if they are present.

Article 55

(Decree nº 85-956 of September 11, 1985 art. 2 Official Journal of September 12, 1985)
(Law n ° 85-835 of August 7, 1985 art. 8 Official Journal of August 8, 1985 in force on October 1, 1986) 
(Decree nº 89-989 of December 29, 1989 art. 1 Official Journal of December 31, 1989 in force on January 1, 1990) 
(Law nº 92-1336 of December 16, 1992 art. 11 and 326 Official Journal of December 23, 1992 in force on March 1, 1994)

In places where a crime has been committed, it is forbidden, under pain of the fine provided for 4th class contraventions, for any unauthorized person to modify the condition of the situation before the first operations of the judicial investigation. places and take any samples there.
However, an exception is made when these modifications or these samples are ordered by the requirements of safety or public health, or by the care to be given to the victims.
 

Article 55-1

(Law nº 2003-239 of March 18, 2003 art. 30 1º Official Journal of March 19, 2003) 
(Law n ° 2004-204 of March 9, 2004 art. 109 Official Journal of March 10, 2004)

The judicial police officer may proceed, or cause to be carried out under his control, on any person likely to provide information on the facts in question or on any person against whom there are one or more plausible reasons to suspect that it has committed or attempted to commit the offense, to the operations of external samples necessary for the realization of technical and scientific examinations of comparison with the traces and indices taken for the necessities of the investigation.
He carries out, or has carried out under his control, the operations of identification records and in particular the taking of fingerprints, palm prints or photographs necessary for the supply and consultation of police files according to the rules specific to each of these files. .
The refusal, by a person against whom there are one or more plausible reasons to suspect that he has committed or attempted to commit an offense, to submit to the direct debit operations, mentioned in the first and second paragraphs ordered by the he judicial police officer is punished with one year’s imprisonment and a fine of 15,000 Euros.

Article 56

(Ordinance nº 60-529 of June 4, 1960 art. 2 Official Journal of June 8, 1960)
(Law n ° 99-515 of June 23, 1999 art. 22 Official Journal of June 24, 1999)
(Law n ° 2001-1168 of December 11, 2001 art. 18 Official Journal of December 12, 2001)
(Law n ° 2004-204 of March 9, 2004 art. 79 I Official Journal of March 10, 2004)
(Law n ° 2004-575 of June 21, 2004 art. 41 Official Journal of June 22, 2004)

Modified by LAW n ° 2010-768 of July 9, 2010 – art. 1

If the nature of the crime is such that proof can be acquired by seizing papers, documents, computer data or other objects in the possession of persons who appear to have participated in the crime or to hold documents, information or objects relating to the incriminated facts , the judicial police officer goes without stopping to the homes of the latter to carry out a search of which he draws up a report. The judicial police officer may also go to any place in which property whose confiscation is provided for in article 131-21 of the penal code may be found, to carry out a search there for the purpose of seizing these items. goods;

He alone, with the persons designated in article 57 of this code and those whom he may have recourse to in application of article 60 , the right to take cognizance of the papers, documents or computer data before proceeding to their seizure.

However, he has the obligation to initiate all useful measures beforehand to ensure respect for professional secrecy and the rights of the defense.

All seized objects and documents are immediately inventoried and placed under seal. However, if their inventory on site presents difficulties, they are subject to temporary closed seals until the time of their inventory and their final sealing, in the presence of the people who attended the search according to the terms and conditions. provided for in Article 57.

The computer data necessary for the manifestation of the truth is entered by placing under the control of justice either the physical medium of these data, or a copy made in the presence of the persons attending the search.

If a copy is made, it can be proceeded, on the instruction of the public prosecutor, to the final erasure, on the physical medium which has not been placed in the hands of justice, of the computer data of which the detention or the use is illegal or dangerous for the safety of persons or property.

With the agreement of the public prosecutor, the judicial police officer only maintains the seizure of objects, documents and computer data useful for the manifestation of the truth, as well as property whose confiscation is provided for in article 131. -21 of the penal code.

The public prosecutor may also, when the seizure relates to cash, ingots, effects or securities whose conservation in kind is not necessary for the manifestation of the truth or for the protection of the rights of the persons concerned, authorize their deposit. at the Caisse des Dépôts et Consignations or at the Banque de France.

When the seizure concerns counterfeit euro-denominated banknotes or coins, the judicial police officer must send, for analysis and identification, at least one copy of each type of banknotes or coins suspected of being counterfeit to the analysis center. national authority for this purpose. The national analysis center can proceed to the opening of the seals. He draws up an inventory of them in a report which must mention any opening or reopening of the seals. When the operations are completed, the report and the seals are deposited in the hands of the clerk of the competent court. This deposit is recorded in a report.

The provisions of the previous paragraph are not applicable when there is only one copy of a type of banknotes or coins suspected of being counterfeit, as long as this is necessary for the manifestation of the truth.

If they are likely to provide information on the objects, documents and computer data seized, the persons present during the search may be held on site by the judicial police officer for the time strictly necessary for the accomplishment of these operations.

Article 56-1

(Law n ° 85-1407 of December 30, 1985, art. 10 and 94 Official Journal of December 31, 1985 in force on February 1, 1986)
(Law n ° 93-2 of January 4, 1993 art. 7 Official Journal of January 5, 1993 in force on March 1, 1993)
(Law n ° 2000-516 of June 15, 2000 art. 44 Official Journal of June 16, 2000)
(Law n ° 2005-1549 of December 12, 2005 art. 37 Official Journal of December 13, 2005)

Modified by LAW n ° 2010-1 of January 4, 2010 – art. 3 (V)

 

Searches in a lawyer’s office or at his home may only be carried out by a magistrate and in the presence of the President of the Bar or his delegate, following a written and reasoned decision taken by this magistrate, which indicates the nature the offense or offenses to which the investigations relate, the reasons justifying the search and the object of the search. The content of this decision is brought to the attention of the president or his delegate from the start of the search by the magistrate. The latter and the chairman or his delegate alone have the right to consult or take cognizance of the documents or objects located on the premises prior to their possible seizure. No seizure may concern documents or objects relating to offenses other than those mentioned in the aforementioned decision. The provisions of this paragraph are enacted under penalty of nullity.The magistrate who carries out the search ensures that the investigations carried out do not affect the free exercise of the profession of lawyer.

The chairman or his delegate may oppose the seizure of a document or object if he considers that such seizure would be irregular. The document or object must then be placed under a closed seal. These operations are the subject of a report mentioning the objections of the chairman or his delegate, which is not attached to the proceedings file. If other documents or other objects were seized during the search without raising any dispute, this report is distinct from that provided for in article 57 . This report as well as the document or object placed under closed seal are transmitted without delay to the judge of freedoms and detention, with the

Within five days of receipt of these documents, the judge of freedoms and detention rules on the challenge by reasoned order that cannot be appealed.

To this end, he hears the magistrate who carried out the search and, where applicable, the public prosecutor, as well as the lawyer in the office or at the domicile of which it was carried out and the chairman or his delegate. He can open the seal in the presence of these people.

If he considers that there is no reason to seize the document or the object, the judge of freedoms and detention orders its immediate return, as well as the destruction of the report of the operations and, if necessary. , the cancellation of any reference to this document, to its content or to this object which would appear in the file of the procedure.

Otherwise, he orders the entry of the seal and the report into the proceedings file. This decision does not exclude the subsequent possibility for the parties to request the nullity of the seizure before, depending on the case, the trial court or the investigating chamber.

The provisions of this article are also applicable to searches carried out in the premises of the Bar Association or of the pecuniary settlement funds of lawyers. In this case, the powers entrusted to the judge of freedoms and detention are exercised by the president of the tribunal de grande instance who must be notified beforehand of the search. The same applies in the event of a search of the office or the domicile of the President of the Bar.

Article 56-2

(inserted by Law nº 93-2 of January 4, 1993 art. 55 Official Journal of January 5, 1993 in force on March 1, 1993)

Modified by LAW n ° 2010-1 of January 4, 2010 – art. 2 (V)

Searches in the premises of a press company, an audiovisual communication company, an online public communication company, a press agency, in the professional vehicles of these companies or agencies or at home of a journalist when the investigations are linked to his professional activity can only be carried out by a magistrate.

These searches are carried out on the written and reasoned decision of the magistrate which indicates the nature of the offense or offenses to which the investigations relate, as well as the reasons justifying the search and the purpose of the search. The content of this decision is brought to the attention of the person present at the start of the search in application of article 57.

The magistrate and the person present in application of article 57only have the right to take cognizance of the documents or objects discovered during the search prior to their possible seizure. No seizure may concern documents or objects relating to offenses other than those mentioned in this decision.

These provisions are enacted under penalty of nullity.

The magistrate who carries out the search ensures that the investigations carried out respect the free exercise of the profession of journalist, do not infringe the secrecy of sources in violation of article 2 of the law of July 29, 1881 on the freedom of the press and do not constitute an obstacle or cause an undue delay in the dissemination of information.

The person present during the search pursuant to article 57 of this code may oppose the seizure of a document or any object if he considers that this seizure would be irregular with regard to the preceding paragraph. The document or object must then be placed under a closed seal. These operations are the subject of a report mentioning the objections of the person, which is not attached to the file of the procedure. If other documents or objects were seized during the search without raising any dispute, this report is distinct from that provided for in article 57. This report as well as the document or

Within five days of receipt of these documents, the judge of freedoms and detention rules on the challenge by reasoned order that cannot be appealed.

To this end, he hears the magistrate who carried out the search and, where applicable, the public prosecutor, as well as the person in whose presence the search was carried out. He can open the seal in the presence of these people. If the journalist at whose home the search was carried out was not present when it was carried out, in particular if the second paragraph of Article 57 was applied, the journalist may appear before the judge. freedoms and detention to be heard by this magistrate and to attend, if it takes place, the opening of the seal.

If he considers that there is no reason to seize the document or the object, the liberties and detention judge orders its immediate return, as well as the destruction of the report of the operations and, if necessary. , the cancellation of any reference to this document, to its content or to this object which would appear in the record of the procedure.

Otherwise, he orders the entry of the seal and the report in the proceedings file. This decision does not exclude the subsequent possibility for the parties to request the nullity of the seizure before, depending on the case, the trial court or the investigating chamber.

Article 56-3

(inserted by Law n ° 2000-516 of June 15, 2000 art. 44 Official Journal of June 16, 2000)

Searches in the office of a doctor, a notary, a lawyer or a bailiff are carried out by a magistrate and in the presence of the person responsible for the order or professional organization to which the lawyer belongs. interested party or his representative.

Article 56-4

Created by LAW n ° 2009-928 of July 29, 2009 – art. 11

I.- When a search is planned in a precisely identified place, sheltering elements covered by the secrecy of national defense, the search can only be carried out by a magistrate in the presence of the President of the Advisory Commission on Defense Secrecy national. The latter may be represented by a member of the commission or by delegates, duly authorized to maintain national defense secrecy, which he designates in accordance with procedures determined by decree of the Council of State. The chairman or his representative may be assisted by any person authorized for this purpose.

The list of places referred to in the first paragraph is established in a precise and restrictive manner by order of the Prime Minister. This list, which is regularly updated, is communicated to the Consultative Commission on National Defense Secrecy and to the Minister of Justice, who make it accessible to magistrates in a secure manner. The magistrate checks whether the place in which he wishes to carry out a search appears on this list.

The conditions of delimitation of the places sheltering elements covered by the secrecy of the national defense are determined by decree in Council of State.

The fact of concealing in the places referred to in the preceding paragraph processes, objects, documents, information, computer networks, computerized data or unclassified files, while attempting to make them benefit from the protection attached to the secrecy of national defense, exposes its author to the sanctions provided for in article 434-4 of the penal code .

The search can only be carried out by virtue of a written decision of the magistrate who indicates to the president of the Consultative Commission of National Defense Secrecy the information useful for the accomplishment of his mission. The chairman of the committee or his representative goes to the site without delay. At the start of the search, the magistrate informs the chairman of the commission or his representative, as well as that of the head of the establishment or his delegate, or the person in charge of the place, the nature of the offense or the offenses to which the investigations relate, the reasons justifying the search, its object and the places targeted by the search.

Only the chairman of the National Defense Secrecy Advisory Commission, his representative and, if necessary, the persons assisting him may take cognizance of classified elements discovered on the scene. The magistrate can only enter, among the classified elements, those relating to the offenses to which the investigations relate. If the needs of the investigation justify that the classified elements be entered in the original, copies are left with their holder.

Each classified item seized is, after inventory by the chairman of the advisory commission, placed under seal. The seals are handed over to the President of the Consultative Commission on National Defense Secrecy, who becomes their custodian. The operations relating to the classified elements seized as well as the inventory of these elements are the subject of a report which is not attached to the file of the procedure and which is kept by the chairman of the advisory committee.

The declassification and communication of the items mentioned in the inventory fall under the procedure provided for by Articles L. 2312-4 et seq. Of the Defense Code.

II.-When, during a search, a place is found to contain elements covered by the secrecy of national defense, the magistrate present at the place or immediately notified by the judicial police officer informs the president of the National Defense Secrecy Advisory Commission. The classified elements are placed under seal, without taking cognizance of them, by the magistrate or the judicial police officer who discovered them, then are delivered or transmitted, by any means in accordance with the regulations applicable to national defense secrets, to the chairman of the commission so that he can keep it safe. Transactions relating to classified items are subject to a report which is not attached to the proceedings file. The declassification and communication of items thus placed under seal fall under the procedure provided for by Articles L. 2312-4 et seq. Of the Defense Code.

III.-When a search is planned in a place classified as national defense secrecy under the conditions defined in article 413-9-1 of the penal code, it can only be carried out by a magistrate in the presence of the Chairman of the National Defense Secrecy Advisory Commission. The latter may be represented by a member of the committee and be assisted by any person authorized for this purpose.

The magistrate checks with the Consultative Commission on National Defense Secrecy whether the place in which he wishes to carry out a search is subject to a classification measure.

The search can only be carried out by virtue of a written and reasoned decision which indicates the nature of the offense or offenses to which the investigations relate, the reasons justifying the search and the purpose of the search, as well as the location targeted by the search. The magistrate transmits this decision to the President of the Consultative Commission on National Defense Secrecy. At the start of the search, he brings it to the attention of the head of the establishment or his delegate, or the person in charge of the place.

The search must be preceded by a decision to temporarily declassify the place for the purpose of search and may only be undertaken within the limits of the declassification thus decided. To this end, the Chairman of the Advisory Committee on National Defense Secrecy, seized by the decision of the magistrate mentioned in the previous paragraph, immediately informs the competent administrative authority on the temporary, total or partial declassification of the place for the purposes of search. The administrative authority shall make its decision known without delay. time limit. The declassification pronounced by the administrative authority is only valid for the duration of the operations. In the event of partial declassification,

The search continues under the conditions provided for in the sixth paragraph and following of I.

IV.-The provisions of this article are enacted under penalty of nullity.

Article 57

(Ordinance nº 58-1296 of December 23, 1958 art. 1 Official Journal of December 24, 1958 in force on March 2, 1959) 
(Ordinance nº 60-529 of June 4, 1960 art. 1 Official Journal of June 8, 1960)

Subject to what is said in Article 56 concerning respect for professional secrecy and the rights of the defense, the operations prescribed by said article are carried out in the presence of the person at whose domicile the search takes place.

If this is not possible, the judicial police officer will have the obligation to invite him to appoint a representative of his choice; failing this, the judicial police officer will choose two witnesses required for this purpose by him, apart from the persons coming under his administrative authority.

The report of these operations, drawn up as stated in article 66 , is signed by the persons referred to in this article; in the event of refusal, it is mentioned in the minutes.

 

Article 57-1

(inserted by Law nº 2003-239 of March 18, 2003 art. 17 1º Official Journal of March 19, 2003)

 Judicial police officers or, under their responsibility, judicial police officers may, during a search carried out under the conditions provided for by this code, access via a computer system installed on the premises where the search is taking place data relevant to the investigation in progress and stored in said system or in another computer system, provided that these data are accessible from the initial system or available for the initial system.
If it is previously proven that these data, accessible from the initial system or available for the initial system, are stored in another computer system located outside the national territory, they are collected by the judicial police officer, subject to the conditions of access provided for by the international commitments in force.
Data to which access has been granted under the conditions provided for in this article may be copied onto any medium. Computer storage media may be seized and placed under seal under the conditions provided for by this code. ;

Article 58

(Ordinance nº 60-121 of February 13, 1960 art. 1 Official Journal of February 14, 1960) 
(Law n ° 77-1468 of December 30, 1977 art. 16 Official Journal of December 31, 1977 in force on January 1, 1978) 
(Law nº 93-2 of January 4, 1993 art. 160 Official Journal of January 5, 1993 in force on March 1, 1993) 
(Law nº 92-1336 of December 16, 1992 art. 322 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)


S
ubject surveys necessities, any communication or disclosure without the consent of the person under examination or its successors or signed or received a document from a search of an unqualified person by law to learn about it is punished by a fine of 4,500 euros and two years’ imprisonment. 

Article 59

(Ordinance nº 60-1245 of November 25, 1960 art. 12 Official Journal of November 27, 1960)
(Law nº 92-1336 of December 16, 1992 art. 12 Official Journal of December 23, 1992 in force on March 1, 1994)
(Law n ° 93-2 of January 4, 1993 art. 161 Official Journal of January 5, 1993 in force on March 1, 1993)
(Law n ° 93-1013 of August 24, 1993 art. 20 Official Journal of August 25, 1993 in force on September 2, 1993)

Unless a complaint is made from inside the house or exceptions provided for by law, searches and home visits cannot be started before 6 a.m. and after 9 p.m.
The formalities mentioned in articles 56, 56-1, 57 and in this article are prescribed under penalty of nullity.

Article 60

(Law n ° 72-1226 of December 29, 1972 art. 9 Official Journal of December 30, 1972) 
(Law n ° 85-1407 of December 30, 1985, art. 11 and 94 Official Journal of December 31, 1985 in force on February 1, 1986)
(Law n ° 99-515 of June 23, 1999 art. 12 Official Journal of June 24, 1999)


If it is necessary to carry out findings or technical or scientific examinations, the judicial police officer has recourse to all qualified persons.
Unless they are entered on one of the lists provided for in article 157, the persons so called take an oath in writing to bring their assistance to justice in their honor and in their conscience.
The persons designated to carry out the technical or scientific examinations may proceed to open the seals. They draw up an inventory and mention it in a report drawn up in accordance with the provisions of Articles 163 and 166. They may communicate their findings orally to investigators in an emergency.
On the instructions of the public prosecutor, the judicial police officer gives knowledge of the results of technical and scientific examinations to persons against whom there are indications giving rise to the presumption that they have committed or attempted to commit an offense, as well as ‘to the victims. 

Article 60-1

(Law nº 2003-239 of March 18, 2003 art. 18 1º Official Journal of March 19, 2003)
(Law n ° 2004-204 of March 9, 2004 art. 80 I Official Journal of March 10, 2004)
(Law n ° 2004-204 of March 9, 2004 art. 80 II Official Journal of March 10, 2004)
(Law nº 2007-297 of March 5, 2007 art. 69 1º Official Journal of March 7, 2007)
 

Modified by LAW n ° 2010-1 of January 4, 2010 – art. 5 (V)

The public prosecutor or the judicial police officer may, by any means, request any person, any establishment or private or public body or any public administration which may hold documents relevant to the investigation, including those resulting from a computer system or from the processing of personal data, to provide it with these documents, in particular in digital form, without being able to be opposed, without legitimate reason, to the obligation of professional secrecy. When the requisitions concern the persons mentioned in Articles 56-1 to 56-3, the delivery of documents can only take place with their agreement.

With the exception of the persons mentioned in Articles 56-1 to 56-3 , failure to respond to this requisition as soon as possible is punishable by a fine of 3,750 euros.

Under penalty of nullity, the elements obtained by a requisition taken in violation of article 2 of the law of July 29, 1881 on freedom of the press cannot be placed in the file. 

Article 60-2

(Law n ° 2004-204 of March 9, 2004 art. 80 I Official Journal of March 10, 2004)
(Law n ° 2004-575 of June 21, 2004 art. 56 Official Journal of June 22, 2004 in force on August 1, 2004)
(Law n ° 2004-801 of August 6, 2004 art. 18 II Official Journal of August 7, 2004)
   

Modified by LAW n ° 2009-526 of May 12, 2009 – art. 124

At the request of the judicial police officer, intervening by telematic or computer means, public bodies or legal persons governed by private law, with the exception of those referred to in the second paragraph of 3 ° of II of Article 8 and in 2 ° of article 67 of law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms, provide it with information useful for the manifestation of the truth, with the exception of those protected by secrecy provided for by law, contained in the computer system (s) or processing of personal data that they administer.

The judicial police officer, intervening at the request of the public prosecutor previously authorized by order of the liberty and detention judge, may request telecommunications operators, and in particular those mentioned in 1 of I of article 6 of Law 2004-575 of June 21, 2004 for confidence in the digital economy, to take, without delay, all appropriate measures to ensure the preservation, for a period not exceeding one year, of the content of the information consulted by users services provided by operators.

The organizations or persons referred to in this article shall make the required information available by telematics or computer as soon as possible.

Refusing to respond to these requisitions without a legitimate reason is punishable by a fine of 3,750 euros.

A decree in the Council of State, taken after the opinion of the National Commission for Informatics and Freedoms, determines the categories of bodies referred to in the first paragraph as well as the modalities of interrogation, transmission and processing of the required information.

Article 61

(Ordinance No. 61-112 of February 2, 1961, art. 1 Official Journal of February 3, 1961)
(Law n ° 81-82 of February 2, 1981 art. 79 Official Journal of February 3, 1982)
(Law n ° 83-466 of June 10, 1983 art. 17 Official Journal of June 11, 1983 in force on June 27, 1983)

Modified by LAW n ° 2011-392 of April 14, 2011 – art. 14

 

The judicial police officer can forbid any person to move away from the place of the offense until the closure of his operations.

 

He can call and hear all the people likely to provide information on the facts or on the objects and documents seized.

 

The persons summoned by him are bound to appear. The judicial police officer may compel the persons referred to in the first paragraph to appear by law enforcement. He can also force to appear by the public force, with the prior authorization of the public prosecutor, people who have not responded to a summons to appear or whom it is feared that they will not respond to such a summons. .

 

He draws up a record of their statements. The people heard read it themselves, may have their observations recorded and affix their signatures. If they declare that they cannot read, it is read to them by the judicial police officer before signing. In case of refusal to sign the report, mention is made on it.

 

The judicial police officers designated in Article 20 may also hear, under the supervision of a judicial police officer, any person likely to provide information on the facts in question. For this purpose, they draw up reports in the forms prescribed by this code, which they forward to the judicial police officer whom they assist.

 

Article 62

(Ordinance nº 60-121 of February 13, 1960 art. 1 Official Journal of February 14, 1960)
(Ordinance nº 60-529 of June 4, 1960 art. 2 Official Journal of June 8, 1960)
(Law nº 93-2 of January 4, 1993 art. 8 Official Journal of January 5, 1993 in force on March 1, 1993)
(Law n ° 2000-516 of June 15, 2000 art. 4 Official Journal of June 16, 2000 in force on January 1, 2001)
(Law n ° 2002-307 of March 4, 2002 art. 2 Official Journal of March 5, 2002)
(Law n ° 2004-204 of March 9, 2004 art. 82 I Official Journal of March 10, 2004)
 

Modified by LAW n ° 2011-392 of April 14, 2011 – art. 14

Persons against whom there is no plausible reason to suspect that they have committed or attempted to commit an offense may be detained only for the time strictly necessary for their hearing, without this period not exceeding four hours.

If it appears, during the interview of the person, that there are plausible reasons to suspect that he has committed or attempted to commit a felony or an offense punishable by imprisonment, he may not be kept under duress available to investigators only under police custody . He is then notified of his placement in police custody under the conditions provided for in Article 63.

 

Article 62-1

(Law n ° 95-73 of January 27, 1995 art. 27 Official Journal of January 24, 1995) 
(Law n ° 99-291 of April 15, 1999, art. 14 Official Journal of April 16, 1999)
(Law n ° 2001-1062 of November 15, 2001 art. 57 Official Journal of November 16, 2001)

The personnel referred to in Articles 16 to 29 contributing to the procedure are authorized to declare as their domicile the address of the head office of the service to which they depend.

V CUSTODY IN VIEW

Article 62-2

Created by LAW n ° 2011-392 of April 14, 2011 – art. 2

 

Police custody is a measure of constraint decided by a judicial police officer, under the control of the judicial authority, by which a person against whom there are one or more plausible reasons to suspect that he has committed or attempted to commit a felony or misdemeanor punishable by imprisonment is kept available to investigators.

This measure must constitute the only means of achieving at least one of the following objectives:

1 ° Allowing the execution of investigations involving the presence or participation of the person;

2 ° Guarantee the presentation of the person before the public prosecutor so that this magistrate can assess the follow-up to be given to the investigation;

3 ° Prevent the person from modifying the material evidence or clues;

4 ° Prevent the person from putting pressure on witnesses or victims as well as on their families or relatives;

5 ° Prevent the person from consulting with other persons likely to be his co-authors or accomplices;

6 ° Guarantee the implementation of measures intended to put an end to the crime or misdemeanor.

 

Article 62-3

Created by LAW n ° 2011-392 of April 14, 2011 – art. 2

 

Police custody is carried out under the control of the public prosecutor, without prejudice to the prerogatives of the judge of freedoms and detention provided for in articles 63-4-2 and 706-88 to 706-88-2 in matters of extension. of the measure beyond the forty-eighth hour and of postponing the intervention of the lawyer.

The public prosecutor assesses whether the maintenance of the person in police custody and, if applicable, the extension of this measure are necessary for the investigation and proportionate to the gravity of the acts that the person is suspected of having committed or attempted to commit.
It ensures the protection of the rights recognized by law to the person in custody.
He can order at any time that the person in custody be brought before him or released.

 

Article 63

(Ordinance nº 60-121 of February 13, 1960 art. 1 Official Journal of February 14, 1960)
(Law n ° 63-22 of January 15, 1963 art. 1 Official Journal of January 16, 1963)
(Law nº 93-2 of January 4, 1993 art. 9 Official Journal of January 5, 1993 in force on March 1, 1993)
(Law nº 93-1013 of August 24, 1993 art. 2 Official Journal of August 25, 1993 in force on September 2, 1993)
(Law n ° 2000-516 of June 15, 2000 art. 5 Official Journal of June 16, 2000 in force on January 1, 2001)
(Law n ° 2002-307 of March 4, 2002 art. 2 Official Journal of March 5, 2002)


Modified by LAW n ° 2011-392 of April 14, 2011 – art. 3

I.- Only a judicial police officer may, ex officio or on the instruction of the public prosecutor, place a person in police custody.

From the start of the measure, the judicial police officer informs the public prosecutor, by any means, of the person’s placement in police custody. He informs him of the reasons justifying, in application of article 62-2, this placement and advises him of the qualification of the facts which he notified to the person in application of 2 ° of article 63-1. The public prosecutor can modify this qualification; in this case, the new qualification is notified to the person under the conditions provided for in the same article 63-1 .

II.-The duration of police custody cannot exceed twenty-four hours.

However, custody may be extended for a further period of twenty-four hours at most, with the written and reasoned authorization of the public prosecutor, if the offense that the person is suspected of having committed or attempted to commit is a felony or an offense punishable by a prison sentence greater than or equal to one year and if the extension of the measure is the only way to achieve at least one of the objectives mentioned in 1 ° to 6 ° of the article 62-2.

The authorization can only be granted after presentation of the person to the public prosecutor. This presentation can be achieved by the use of an audiovisual telecommunication means. It may however, exceptionally, be granted by a written and reasoned decision, without prior presentation.

III.-The time of the beginning of the measurement is fixed, if necessary, at the time at which the person was apprehended.

If a person has already been placed in police custody for the same acts, the duration of previous periods of police custody is deducted from the duration of the measure.

Article 63-1

(Law n ° 81-82 of February 2, 1981 art. 39-i Official Journal of February 3, 1981)
(Law n ° 83-466 of June 10, 1983 art. 17 Official Journal of June 27, 1983)
(Law nº 93-2 of January 4, 1993 art. 10 Official Journal of January 5, 1993 in force on March 1, 1993)
(Law nº 93-1013 of August 24, 1993 art. 2 Official Journal of August 25, 1993 in force on September 2, 1993)
(Law n ° 2000-516 of June 15, 2000 art. 7, 8 and 9 Official Journal of June 16, 2000 in force on January 1, 2001)
(Law n ° 2002-307 of March 4, 2002 art. 3 Official Journal of March 5, 2002)
(Law n ° 2003-239 of March 18, 2003 art. 19 Official Journal of March 19, 2003)
(Law n ° 2004-204 of March 9, 2004 art. 81 Official Journal of March 10, 2004)
 

Modified by LAW n ° 2011-392 of April 14, 2011 – art. 3

The person placed in police custody is immediately informed by a judicial police officer or, under his supervision, by a judicial police officer, in a language which he understands, if necessary by means of written forms:

1 ° His placement in police custody as well as the duration of the measure and the extension (s) to which it may be subject;

2 ° The nature and the presumed date of the offense which he is suspected of having committed or attempted to commit;

3 ° Because it benefits from:

– the right to inform a relative and his employer, in accordance with article 63-2;

– the right to be examined by a doctor, in accordance with article 63-3 ;

-the right to be assisted by a lawyer, in accordance with Articles 63-3-1 to 63-4-3;

-the right, during hearings, after having stated his identity, to make statements, to answer questions put to him or to remain silent.

If the person is deaf and cannot read or write, he or she must be assisted by a sign language interpreter or by any qualified person who understands a language or a method of communicating with him. It can also be used any technical device allowing to communicate with a person suffering from deafness.

If the person does not understand French, their rights must be notified to them by an interpreter, if necessary after a form has been given to them for their immediate information.

Mention of the information given in application of this article is entered in the police custody report and signed by the person in police custody. In case of refusal to sign, this is mentioned. 

Article 63-2

(Law nº 93-2 of January 4, 1993 art. 10 Official Journal of January 5, 1993 in force on March 1, 1993)
(Law nº 93-1013 of August 24, 1993 art. 2 Official Journal of August 25, 1993 in force on September 2, 1993)
(Law n ° 2000-516 of June 15, 2000 art. 10 Official Journal of June 16, 2000 in force on January 1, 2001 corrigendum JORF July 8, 2000)
(Law n ° 2002-307 of March 4, 2002 art. 3 Official Journal of March 5, 2002)
   

Modified by LAW n ° 2011-392 of April 14, 2011 – art. 4

Anyone placed in police custody may, at their request, have a person with whom they usually live or one of their parents in direct line, one of their brothers and sisters or their trustee or their guardian of the measure of which it is the object. She can also inform her employer. When the person in custody is of foreign nationality, he can contact the consular authorities of his country.

If the judicial police officer considers, because of the needs of the investigation, that he should not grant this request, he immediately refers it to the public prosecutor who decides, if necessary, to do so. make it right.

Except in the event of an insurmountable circumstance, which must be mentioned in the report, the due diligence incumbent on the investigators in application of the first paragraph must take place at the latest within three hours from the time when the person made the request. 

Article 63-3

(Law nº 93-2 of January 4, 1993 art. 10 Official Journal of January 5, 1993 in force on March 1, 1993) 
(Law nº 93-1013 of August 24, 1993 art. 2 Official Journal of August 25, 1993 in force on September 2, 1993)
  

Modified by LAW n ° 2011-392 of April 14, 2011 – art. 5

Any person placed in police custody may, at his request, be examined by a doctor appointed by the public prosecutor or the judicial police officer. In the event of an extension, it may ask to be examined a second time. The doctor decides on the suitability for being kept in police custody and makes any useful findings. Except in the case of insurmountable circumstances, the due diligence incumbent on the investigators in application of this paragraph must take place at the latest within three hours from the moment when the person made the request. Unless the doctor decides otherwise, the medical examination must be performed at the

At any time, the public prosecutor or the judicial police officer can automatically appoint a doctor to examine the person in custody.

In the absence of a request from the person in custody, the public prosecutor or the judicial police officer, a medical examination is required if a member of his family so requests; the doctor is appointed by the public prosecutor or the judicial police officer.

The doctor immediately examines the person in custody. The medical certificate is placed in the file.

The provisions of this article are not applicable when a medical examination is carried out in application of specific rules. 

Article 63-3-1

Created by LAW n ° 2011-392 of April 14, 2011 – art. 6

From the start of police custody, the person can ask to be assisted by a lawyer. If it is unable to appoint one or if the chosen lawyer cannot be contacted, it may request that one be assigned to it ex officio by the President of the Bar.

The chairman or the duty lawyer appointed by the chairman is informed of this request by all means and without delay.

The lawyer may also be appointed by the person or persons accused pursuant to the first paragraph of article 63-2. However, this designation must be confirmed by the person.

The appointed lawyer is informed by the judicial police officer or, under his supervision, by a judicial police officer of the nature and the presumed date of the offense under investigation.

If he finds a conflict of interest, the lawyer requests the appointment of another lawyer. In the event of a difference of opinion between the lawyer and the judicial police officer or the public prosecutor on the existence of a conflict of interest, the judicial police officer or the public prosecutor shall refer the matter to the President of the Bar who can designate another defender.

The public prosecutor, ex officio or referred to by the judicial police officer or the judicial police officer, can also refer the chairman so that several lawyers are appointed when it is necessary to proceed to the hearing. simultaneous operation of several people in police custody.

Article 63-4

Modified by LAW n ° 2011-392 of April 14, 2011 – art. 7

 

The lawyer appointed under the conditions provided for in article 63-3-1 may communicate with the person in custody under conditions which guarantee the confidentiality of the interview.

The duration of the interview cannot exceed thirty minutes.

When police custody is the subject of an extension, the person may, at his request, meet again with a lawyer from the start of the extension, under the conditions and for the duration provided for in the first two paragraphs.

Article 63-4-1

Created by LAW n ° 2011-392 of April 14, 2011 – art. 8

 

At his request, the lawyer can consult the report drawn up in application of the last paragraph of article 63-1 recording the notification of the placement in police custody and the rights attached to it, the medical certificate drawn up in application of the article 63-3 , as well as the minutes of the hearing of the person he assists. He cannot request or make a copy. However, he can take notes.

Article 63-4-2

Created by LAW n ° 2011-392 of April 14, 2011 – art. 8

The person in custody can request that the lawyer attend his hearings and confrontations. In this case, the first hearing, unless it relates only to the elements of identity, cannot begin without the presence of the lawyer chosen or appointed before the expiration of a period of two hours following the notice sent under the conditions provided for in article 63-3-1 of the request made by the person in custody to be assisted by a lawyer. During hearings or confrontations, the lawyer can take notes.

If the lawyer appears after the expiry of the period provided for in the first paragraph while a hearing or a confrontation is in progress, it is interrupted at the request of the person in police custody in order to allow him to speak. with his lawyer under the conditions provided for in article 63-4 and that the latter acquaint himself with the documents provided for in article 63-4-1 . If the person in custody does not ask to speak with his lawyer, the latter can attend the hearing in progress as soon as he arrives at the premises of the judicial police service or during the confrontation.

When the needs of the investigation require an immediate hearing of the person, the public prosecutor may authorize, by written and reasoned decision, at the request of the judicial police officer, that the hearing begins without waiting for the expiry of the time limit provided for in the first paragraph.

Exceptionally, at the request of the judicial police officer, the public prosecutor or the liberty and detention judge, according to the distinctions provided for in the following paragraph, may authorize, by written and reasoned decision, the postponement the presence of the lawyer during hearings or confrontations, if this measure appears essential for overriding reasons relating to the particular circumstances of the investigation, or to allow the proper conduct of urgent investigations aimed at collecting or preserving evidence, or to prevent imminent harm to people.

The public prosecutor can only defer the presence of the lawyer for a maximum of twelve hours. When the person is held in custody for a felony or an offense punishable by imprisonment greater than or equal to five years, the judge of freedoms and detention may, at the request of the public prosecutor, authorize to defer the presence of the lawyer, beyond the twelfth hour, until the twenty-fourth hour. The authorizations of the public prosecutor and the judge of freedoms and detention are written and motivated by reference to the conditions provided for in the previous paragraph with regard to the precise and detailed elements resulting from the facts of the case.

When, in accordance with the provisions of the two preceding paragraphs, the public prosecutor or the judge of freedoms and detention has authorized to defer the presence of the lawyer during hearings or confrontations, he may also, under the conditions and according to the modalities provided for by these same paragraphs, decide that the lawyer cannot, for an identical period, consult the minutes of the hearing of the person in custody.

Article 63-4-3

Created by LAW n ° 2011-392 of April 14, 2011 – art. 8

The hearing or the confrontation is carried out under the direction of the judicial police officer or agent who can at any time, in the event of difficulty, put an end to it and immediately notify the public prosecutor who informs, if necessary, the chairman for the purpose of appointing another lawyer.

At the end of each hearing or confrontation he attends, the lawyer may ask questions. The judicial police officer or agent may oppose questions only if they are likely to interfere with the smooth running of the investigation. Mention of this refusal is entered in the minutes.

At the end of each interview with the person in police custody and each hearing or confrontation he has attended, the lawyer may present written observations in which he may record the questions refused pursuant to the second paragraph. These are attached to the procedure. The lawyer may send his observations, or a copy of them, to the public prosecutor during the period of police custody.

Article 63-4-4

Created by LAW n ° 2011-392 of April 14, 2011 – art. 8

Without prejudice to the exercise of the rights of the defense, the lawyer may not report to anyone during the period of police custody either the interviews with the person he is assisting, or the information he has gathered in consulting the minutes and attending hearings and confrontations.

Article 63-4-5

Created by LAW n ° 2011-392 of April 14, 2011 – art. 9

If the victim is confronted with a person in police custody, he may also ask to be assisted by a lawyer chosen by him or by his legal representative if he is a minor or, at his request, appointed by the chairman.The victim is informed of this right before the confrontation takes place.

At his request, the lawyer can consult the minutes of the hearing of the person he is assisting.

Article 63-4-3 is applicable. 

Article 63-5

(inserted by Law n ° 2000-516 of June 15, 2000 art. 6 Official Journal of June 16, 2000 in force on January 1, 2001)

Modified by LAW n ° 2011-392 of April 14, 2011 – art. 10

Police custody must be carried out under conditions ensuring respect for the dignity of the person.Only strictly necessary security measures may be imposed on the person held in custody.

Article 63-6

Created by LAW n ° 2011-392 of April 14, 2011 – art. 11

The security measures intended to ensure that the person in custody does not hold any object dangerous to himself or to others are defined by order of the competent ministerial authority. They cannot consist of a full search.The person held in police custody has, during his hearing, objects the carrying or detention of which is necessary for the respect of his dignity.

This article is also applicable in the event of withholding intervening in application of articles 141-4 , 712-16-3, 716-5 and 803-3 .

Article 63-7

Created by LAW n ° 2011-392 of April 14, 2011 – art. 11

When it is essential for the needs of the investigation to carry out a full search of a person in custody, this must be decided by a judicial police officer and carried out in a closed space by a person of the same sex than the person being searched. A full search is only possible if the search by palpation or the use of electronic detection means cannot be carried out.

When it is essential for the needs of the investigation to carry out internal bodily investigations on a person in custody, these can only be carried out by a doctor required for this purpose.

Article 63-8

Created by LAW n ° 2011-392 of April 14, 2011 – art. 11

At the end of the police custody, the person is, on the instruction of the public prosecutor under the direction of which the investigation is conducted, either released or referred to this magistrate.

If the person is released at the end of police custody without any decision having been taken by the public prosecutor on the public action, the provisions of article 77-2 are brought to light. his knowledge.

Article 63-9

Created by LAW n ° 2011-392 of April 14, 2011 – art. 11

The public prosecutor competent to be notified of the placements in police custody, control their progress, order their extension and decide on the outcome of the measure is the one under the direction of which the investigation is carried out.
However, the public prosecutor of the place where the police custody is carried out is also competent to control it and order its extension. 

Article 64

(Law n ° 81-82 of February 2, 1981 art. 39-ii Official Journal of February 3, 1981)
(Law n ° 93-2 of January 4, 1993 art. 11 Official Journal of January 5, 1993 in force on March 1, 1993)
Law nº 2000-516 of June 15, 2000 art. 12 Official Journal of June 16, 2000 in force on January 1, 2001)Modified by LAW n ° 2011-392 of April 14, 2011 – art. 12   
 

I.- The judicial police officer draws up a report mentioning:1 ° The reasons justifying the placement in police custody, in accordance with 1 ° to 6 ° of article 62-2;

2 ° The duration of the interviews of the person held in police custody and of the rest which separated these interviews, the hours at which he was able to eat, the day and time from which he was kept in police custody, as well as the day and time from which she was either released or referred to the competent magistrate;

3 ° Where applicable, the interviews with the person in police custody carried out in another procedure during the period of police custody;

4 ° The information given and the requests made in application of Articles 63-2 to 63-3-1 and the follow-up given to them;

5 ° If a full search or internal bodily investigations have been carried out.

These mentions must be specially signed by the person in custody. In case of refusal, it is mentioned.

II.-The particulars and signs provided for in 2 ° and 5 ° of I concerning the dates and times of the beginning and end of police custody and the duration of the hearings and the rest separating these hearings as well as the use of full searches or internal bodily investigations also appear in a special register, kept for this purpose in any police or gendarmerie premises likely to receive a person in custody. This register can be kept in dematerialized form.

In the bodies or services where the judicial police officers are required to keep a book of declarations, the particulars and signatures provided for in the first paragraph of this II are also entered in this book. Only the mentions are reproduced in the report which is transmitted to the judicial authority.

Article 64-1

The interviews of persons placed in police custody for a crime, carried out in the premises of a police or gendarmerie service or unit exercising a judicial police mission are the subject of an audiovisual recording.

The recording can only be consulted, during the investigation or before the trial court, if the content of the hearing report is contested, by decision of the investigating judge or the trial court. , at the request of the public prosecutor or one of the parties. The last eight paragraphs of article 114 do not apply. When a party requests consultation of the recording, this request is made and the examining magistrate rules in accordance with the first two paragraphs of article 82-1.

The fact, for any person, of broadcasting a recording made in application of this article is punishable by one year of imprisonment and a fine of 15,000 euros.

At the expiration of a period of five years from the date of the termination of the public action, the recording is destroyed within the period of one month.

When the number of persons in police custody who must be simultaneously questioned, during the same procedure or separate procedures, impedes the recording of all the hearings, the judicial police officer shall immediately refer the matter to the public prosecutor. which designates, by written decision placed in the file, with regard to the needs of the investigation, the person or persons whose hearings will not be recorded.

When the recording cannot be carried out due to a technical impossibility, it is mentioned in the report of the hearing which specifies the nature of this impossibility. The public prosecutor is immediately notified.

This article is not applicable when the person is held in police custody for a crime mentioned in article 706-73 of this code or provided for by titles I and II of book IV of the penal code, unless the public prosecutor Republic orders registration.

A decree specifies as necessary the modalities of application of this article.

Article 65

(Law n ° 93-2 of January 4, 1993 art. 12 Official Journal of January 5, 1993 in force on March 1, 1993)
(Law nº 93-1013 of August 24, 1993 art. 4 Official Journal of August 25, 1993 in force on September 2, 1993)

The entries and signatures provided for in the first paragraph of article 64, with regard to the dates and times of the beginning and end of police custody and the duration of the interrogations and the rest separating these interrogations, must also appear in a register. special, held for this purpose in any local police or gendarmerie likely to receive a person in custody.
In the bodies or services where the judicial police officers are required to keep a book of declarations, the particulars and signatures provided for in the preceding paragraph must also be entered in the said book. Only the mentions are reproduced in the report which is transmitted to the judicial authority.
 

Article 66

   The reports drawn up by the judicial police officer in execution of Articles 54 to 62 are drawn up immediately and signed by him on each sheet of the report. 

Article 67

   

Modified by LAW n ° 2009-526 of May 12, 2009 – art. 133
The provisions of articles 54 to 66, with the exception of those of article 64-1 , are applicable, in the case of flagrant offense, in all cases where the law provides for a prison sentence.

Article 68

The arrival of the public prosecutor on the scene relinquishes the judicial police officer.
The public prosecutor then performs all judicial police acts provided for in this chapter.
He can also order all judicial police officers to continue operations.

Article 69

(Law n ° 93-2 of January 4, 1993 art. 13 Official Journal of January 5, 1993 in force on March 1, 1993)
(Law nº 93-1013 of August 24, 1993 art. 6 Official Journal of August 25, 1993 in force on September 2, 1993)

If the needs of the investigation so require, the public prosecutor or the examining magistrate when he proceeds as described in this chapter may go to the jurisdictions of the courts bordering on that where he exercises his functions, in order to pursue its investigations there. He must first notify the public prosecutor within the jurisdiction of the court to which he is traveling. He mentions in his report the reasons for his transport.
 

Article 70

(Law n ° 2004-204 of March 9, 2004 art. 86 I Official Journal of March 10, 2004 in force on October 1, 2004)


If the necessities of the investigation of a flagrant crime or a flagrant offense punishable by at least three years’ imprisonment so require, the public prosecutor may, without prejudice to the application of the provisions of article 73 , issue a search warrant against any person against whom there are one or more plausible reasons to suspect that they have committed or attempted to commit the offense.
For the execution of this mandate, the provisions of article 134 are applicable. The person discovered under this warrant is placed in police custody by the judicial police officer of the place of discovery, who may proceed to his hearing, without prejudice to the application of article 43 and the possibility of the investigators already seized of the facts to go on the spot in order to carry out them themselves, after having if necessary benefited from an extension of competence in application of article 18. The public prosecutor having delivered the search warrant is informed at the start of the measurement; this magistrate can order that, during the period of police custody, the person is taken to the premises of the
If the person who was the subject of the search warrant is not discovered during the investigation and if the public prosecutor requests the opening of an investigation against an unnamed person, the search warrant remains valid for the progress of the information, unless it is reported by the examining magistrate. 

Article 72

(Law n ° 93-2 of January 4, 1993 art. 14 Official Journal of January 5, 1993 in force on March 1, 1993)
(Law nº 93-1013 of August 24, 1993 art. 6 Official Journal of August 25, 1993 in force on September 2, 1993)
(Law n ° 99-515 of June 23, 1999 art. 13 Official Journal of June 24, 1999)

When the public prosecutor and the examining magistrate are simultaneously on the scene, the public prosecutor can request the opening of a regular information which is seized of the examining magistrate present, by derogation, if necessary, to the provisions of Article 83.

Article 73

   

Modified by LAW n ° 2011-392 of April 14, 2011 – art. 15

In cases of flagrant crime or flagrant offense punishable by imprisonment, any person has the capacity to apprehend the perpetrator and bring him before the nearest judicial police officer.

When the person is presented before the judicial police officer, his placement in police custody, when the conditions for this measure provided for by this code are met, is not mandatory since it is not held under the constraint to remain available to investigators and that she has been informed that she can leave the police or gendarmerie premises at any time. This paragraph is not, however, applicable if the person was taken by the police before the judicial police officer.

Article 74

(Law n ° 72-1226 of December 29, 1972 art. 10 Official Journal of December 30, 1972)
(Law n ° 2004-204 of March 9, 2004 art. 77 III Official Journal of March 10, 2004)

Modified by LAW n ° 2009-526 of May 12, 2009 – art. 127

In the event of discovery of a corpse, whether or not it is a violent death, but if the cause is unknown or suspected, the judicial police officer who is notified immediately informs the public prosecutor. , is transported without delay to the scene and proceeds to the first observations.

The public prosecutor goes on site if he deems it necessary and is assisted by persons capable of appreciating the nature of the circumstances of the death. He may, however, delegate for the same purposes, a judicial police officer of his choice.

Unless they are entered on one of the lists provided for in article 157 , the persons so called take an oath in writing to bring their assistance to justice in their honor and in their conscience.

On the instructions of the public prosecutor, an investigation to find the causes of death is opened. In this context and for these purposes, the acts provided for in Articles 56 to 62 may be carried out , under the conditions provided for by these provisions. At the end of a period of eight days from the instructions of this magistrate, these investigations can continue in the forms of the preliminary investigation.

The public prosecutor can also request information to investigate the causes of death.

The provisions of the first four paragraphs are also applicable in the event of discovery of a seriously injured person when the cause of his injuries is unknown or suspected.

Article 74-1

(inserted by Law n ° 2002-1138 of September 9, 2002 art. 66 Official Journal of September 10, 2002)

When the disappearance of a minor or of a protected adult has just occurred or been observed, the judicial police officers, assisted if necessary by the judicial police officers, may, on the instructions of the public prosecutor, proceed the acts provided for in Articles 56 to 62, for the purpose of discovering the missing person. At the end of a period of eight days from the instructions of this magistrate, these investigations can continue in the forms of the preliminary investigation.
The public prosecutor can also request the opening of information to search for the causes of the disappearance.
The provisions of this article are also applicable in the event of the disappearance of an adult presenting a worrying or suspicious character in view of the circumstances, the age of the person concerned or his state of health.
 

Article 74-2

(inserted by Law n ° 2004-204 of March 9, 2004 art. 87 Official Journal of March 10, 2004)

Judicial police officers, assisted if necessary by judicial police officers, may, on the instructions of the public prosecutor, carry out the acts provided for in Articles 56 to 62 for the purpose of searching for and discovering a person on the run in the event of following:
1 ° Person subject to an arrest warrant issued by the investigating judge, the judge of freedoms and detention, the investigating chamber or its president or the president of the assize court , while it is referred to a trial court;
2 ° Person subject to an arrest warrant issued by a trial court or by the judge responsible for the enforcement of sentences;
3 ° Person sentenced to a custodial sentence without suspension greater than or equal to one year, when this sentence is enforceable or has become res judicata.
If the necessities of the investigation to find the fugitive so require, the judge of freedoms and detention of the tribunal de grande instance may, at the request of the public prosecutor, authorize the interception, recording and the transcription of correspondence sent by telecommunications in accordance with the terms set out in Articles 100, 100-1 and 100-3 to 100-7, for a maximum period of two months renewable under the same conditions of form and duration, in the six-month correctional limit. These operations are carried out under the authority and control of the liberty and detention judge.
For the application of the provisions of articles 100-3 to 100-5, the powers entrusted to the investigating judge or to the judicial police officer appointed by him are exercised by the public prosecutor or the judicial police officer. required by this magistrate.
The judge of freedoms and detention is informed without delay of the acts carried out in application of the preceding paragraph.

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