CODE OF CRIMINAL PROCEDURE
LexInter | October 5, 2003 | 0 Comments

CODE OF CRIMINAL PROCEDURE

Chapter II: The preliminary inquiry 

Article 75

(Ordinance nº 60-529 of June 4, 1960 art. 1 Official Journal of June 8, 1960)
(Law n ° 85-1196 of November 18, 1985 art. 6 and art. 8 Official Journal of November 19, 1985 in force on January 1, 1986)
(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)
   The judicial police officers and, under their supervision, the judicial police officers designated in Article 20 carry out preliminary inquiries either on the instructions of the public prosecutor or ex officio.
These operations come under the supervision of the Attorney General.
The officers and agents of the judicial police shall 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 responsibility 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

Article 75-1

(inserted by Law n ° 2000-516 of June 15, 2000 art. 15 Official Journal of June 16, 2000)
   When instructing the judicial police officers to carry out a preliminary investigation, the public prosecutor fixes the time limit within which this investigation must be carried out. He may extend it in view of the justifications provided by the investigators.
When the investigation is carried out ex officio, the judicial police officers report to the public prosecutor on its progress when it has been started for more than six months.
 

Article 75-2

(inserted by Law n ° 2000-516 of June 15, 2000 art. 15 Official Journal of June 16, 2000)
   The judicial police officer who conducts a preliminary investigation into a crime or misdemeanor notifies the public prosecutor as soon as a person against whom there is evidence suggesting that he has committed or attempted to commit the crime. offense is identified.

Article 76

(Law n ° 2004-204 of March 9, 2004 art. 14 II, art. 79 II Official Journal of March 10, 2004 in force on October 1, 2004)
(Law n ° 2005-1549 of December 12, 2005 art. 39 I Official Journal of December 13, 2005)
   Searches, home visits and seizures of exhibits cannot be carried out without the express consent of the person in whom the operation takes place.
This assent must be the subject of a written declaration by the person concerned or, if he does not know how to write, it is mentioned in the minutes as well as his assent.
The provisions provided for in Articles 56 and 59 (first paragraph) are applicable.
If the needs of the investigation relating to a crime or an offense punishable by imprisonment for a period equal to or greater than five years so require, the judge of freedoms and detention of the tribunal de grande instance may, at the request of the public prosecutor, decide, by a written and reasoned decision, that the operations provided for in this article will be carried out without the consent of the person with whom they take place. Under penalty of nullity, the decision of the judge of freedoms and detention specifies the qualification of the offense of which proof is sought as well as the address of the places in which these operations can be carried out; this decision is motivated by reference to the elements of fact and law justifying that these operations are necessary. The operations are carried out under the control of the magistrate who authorized them, and who can visit the premises to ensure compliance with legal provisions. These operations may not, on pain of nullity, have any other purpose than the search and observation of the offenses referred to in the decision of the judge of freedoms and detention. However, the fact that these operations reveal infringements other than those referred to in the decision does not constitute a ground for nullifying the incidental proceedings. The operations are carried out under the control of the magistrate who authorized them, and who can visit the premises to ensure compliance with legal provisions. These operations may not, on pain of nullity, have any other purpose than the search and observation of the offenses referred to in the decision of the judge of freedoms and detention. However, the fact that these operations reveal infringements other than those referred to in the decision does not constitute a ground for nullifying the incidental proceedings. The operations are carried out under the control of the magistrate who authorized them, and who can come to the site to ensure compliance with legal provisions. These operations may not, on pain of nullity, have any other purpose than the search and observation of the offenses referred to in the decision of the judge of freedoms and detention. However, the fact that these operations reveal infringements other than those referred to in the decision does not constitute a ground for nullifying the incidental proceedings. have a purpose other than the search and observation of the offenses referred to in the decision of the judge of freedoms and detention. However, the fact that these operations reveal infringements other than those referred to in the decision does not constitute a ground for nullifying the incidental proceedings. have a purpose other than the search and observation of the offenses referred to in the decision of the judge of freedoms and detention. However, the fact that these operations reveal infringements other than those referred to in the decision does not constitute a ground for nullifying the incidental proceedings.
For the application of the provisions of the preceding paragraph, the judge of freedoms and detention of the tribunal de grande instance whose public prosecutor directs the investigation is competent, regardless of the jurisdiction within whose jurisdiction the search is carried out. must take place. The judge of freedoms and detention can then move to the premises regardless of their location on the national territory. The public prosecutor can also refer the matter to the judge of freedoms and detention of the tribunal de grande instance in whose jurisdiction the search is to take place, through the public prosecutor of this jurisdiction.
 

Article 76-2

(inserted by Law nº 2003-239 of March 18, 2003 art. 30 2º Official Journal of March 19, 2003)
   The public prosecutor or, with his authorization, the judicial police officer may have the external direct debit operations provided for in article 55-1 carried out.
The provisions of the second and third paragraphs of article 55-1 are applicable.

Article 76-3

(inserted by Law nº 2003-239 of March 18, 2003 art. 17 2º Official Journal of March 19, 2003)
   The police officer may, for the needs of the investigation, under the conditions provided for in article 76, resort to the operations provided for in article 57-1.

Article 77

(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 in force on February 24, 1963)
(Law n ° 93-2 of January 4, 1993, art. 15 Official Journal of January 5, 1993 in force on March 1, 1993)
(Law nº 93-1013 of August 24, 1993 art. 5 Official Journal of August 25, 1993 in force on September 2, 1993)
(Law n ° 2000-516 of June 15, 2000 art. 13 Official Journal of June 16, 2000 in force on January 1, 2001)
(Law n ° 2002-307 of March 4, 2002 art. 1 Official Journal of March 5, 2002)
   The judicial police officer may, for the needs of the investigation, keep at his disposal any person against whom there are one or more plausible reasons to suspect that he has committed or attempted to commit an offense. He informs the public prosecutor as soon as he is in custody. A person held in police custody cannot be detained for more than twenty-four hours.
The public prosecutor may, before the expiration of the twenty-four hour period, extend the custody for a further period of twenty-four hours at the most. This extension can only be granted after the person has been presented beforehand to this magistrate. However, it may, exceptionally, be granted by written and reasoned decision without prior presentation of the person. If the investigation is followed in a jurisdiction other than that of the seat of the public prosecutor seized of the facts, the extension may be granted by the public prosecutor of the place of execution of the measure.
On the instructions of the public prosecutor seized of the facts, the persons against whom the elements collected are likely to justify the pursuit of proceedings are, at the end of police custody, either released or referred. before this magistrate.
For the application of this article, the jurisdictions of the courts of first instance of Paris, Nanterre, Bobigny and Créteil constitute a single jurisdiction.
The provisions of articles 63-1, 63-2, 63-3, 63-4, 64 and 65 are applicable to police custody carried out within the framework of this chapter. 

Article 77

(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 in force on February 24, 1963)
(Law n ° 93-2 of January 4, 1993, art. 15 Official Journal of January 5, 1993 in force on March 1, 1993)
(Law nº 93-1013 of August 24, 1993 art. 5 Official Journal of August 25, 1993 in force on September 2, 1993)
(Law n ° 2000-516 of June 15, 2000 art. 13 Official Journal of June 16, 2000 in force on January 1, 2001)
(Law n ° 2002-307 of March 4, 2002 art. 1 Official Journal of March 5, 2002)
(Law n ° 2007-291 of March 5, 2007 art. 14 II Official Journal of March 6, 2007 in force on June 1, 2008)
   The judicial police officer may, for the needs of the investigation, keep at his disposal any person against whom there are one or more plausible reasons to suspect that he has committed or attempted to commit an offense. He informs the public prosecutor as soon as he is in custody. A person held in police custody cannot be detained for more than twenty-four hours.
The public prosecutor may, before the expiration of the twenty-four hour period, extend the custody for a further period of twenty-four hours at the most. This extension can only be granted after the person has been presented beforehand to this magistrate. However, it may, exceptionally, be granted by written and reasoned decision without prior presentation of the person. If the investigation is followed in a jurisdiction other than that of the seat of the public prosecutor seized of the facts, the extension may be granted by the public prosecutor of the place of execution of the measure.
On the instructions of the public prosecutor seized of the facts, the persons against whom the elements collected are likely to justify the pursuit of proceedings are, at the end of police custody, either released or referred. before this magistrate.
For the application of this article, the jurisdictions of the courts of first instance of Paris, Nanterre, Bobigny and Créteil constitute a single jurisdiction.
The provisions of articles 63-1, 63-2, 63-3, 63-4, 64, 64-1 and 65 are applicable to police custody carried out within the framework of this chapter.

Article 77-1

(Law n ° 85-1407 of December 30, 1985, art. 12 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 observations or technical or scientific examinations, the public prosecutor or, with the latter’s authorization, the judicial police officer, has recourse to all qualified persons.
The provisions of the second, third and fourth paragraphs of article 60 are applicable.
 

Article 77-1-1

(Law nº 2003-239 of March 18, 2003 art. 18 2º Official Journal of March 19, 2003)
(Law n ° 2004-204 of March 9, 2004 art. 80 III Official Journal of March 10, 2004)
(Law n ° 2004-204 of March 9, 2004 art. 80 IV Official Journal of March 10, 2004)
(Law nº 2007-297 of March 5, 2007 art. 69 2º Official Journal of March 7, 2007)
   The public prosecutor or, with the latter’s authorization, the judicial police officer, may, by any means, request any person, any private or public establishment or body or any public administration which may be detained documents relevant to the investigation, including those resulting from a computer system or from the processing of nominative data, to provide it with these documents, in particular in digital form, without being able to be opposed, without legitimate reason, to the obligation 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.
If the person does not respond to the requisitions, the provisions of the second paragraph of article 60-1 are applicable.

Article 77-1-2

(inserted by Law n ° 2004-204 of March 9, 2004 art. 80 III Official Journal of March 10, 2004)
   With the authorization of the public prosecutor, the judicial police officer may make the requisitions provided for in the first paragraph of article 60-2.
With the authorization of the freedoms and detention judge seized for this purpose by the public prosecutor, the police officer may make the requisitions provided for in the second paragraph of article 60-2.
The organizations or persons concerned make the required information available by telematics or IT as soon as possible.
The fact of refusing to answer without legitimate reason to these requisitions is punished in accordance with the provisions of the fourth paragraph of article 60-2.
 

Article 77-2

(Law n ° 2000-516 of June 15, 2000 art. 73 Official Journal of June 16, 2000 in force on January 1, 2001)
(Law n ° 2000-1354 of December 30, 2000 art. 23 Official Journal of December 31, 2000 in force on January 1, 2001)
(Law n ° 2002-1138 of September 9, 2002 art. 34 Official Journal of September 10, 2002)
(Law n ° 2004-204 of March 9, 2004 art. 4 Official Journal of March 10, 2004)

Any person placed in police custody during a preliminary or flagrant investigation who, at the end of a period of six months from the end of police custody, has not been subject to prosecution, may question the public prosecutor in whose jurisdiction the custody took place on the follow-up given or likely to be given to the proceedings. This request is sent by registered letter with acknowledgment of receipt. These provisions are not applicable to investigations relating to any of the crimes or offenses falling within the scope of article 706-73.

Article 77-3

(Law n ° 2000-516 of June 15, 2000 art. 73 Official Journal of June 16, 2000 in force on January 1, 2001)
(Law n ° 2002-1138 of September 9, 2002 art. 34 Official Journal of September 10, 2002)
   When the investigation has not been carried out under the direction of the public prosecutor of the tribunal de grande instance in whose jurisdiction the police custody was carried out, the latter immediately sends the request mentioned in article 77- 2 to the public prosecutor who leads the investigation.

Article 77-4

(inserted by Law n ° 2004-204 of March 9, 2004 art. 86 II Official Journal of March 10, 2004 in force on October 1, 2004)
   If the needs of the investigation relating to a crime or an offense punishable by at least three years’ imprisonment so require, the public prosecutor may issue a search warrant against any person against whom there is a or more than one plausible reason to suspect that she has committed or attempted to commit the offense.
The provisions of the second and third paragraphs of article 70 are then applicable.
 

Article 78

(Law n ° 93-2 of January 4, 1993 art. 16 Official Journal of January 5, 1993 in force on March 1, 1993)
Law nº 95-73 of January 27, 1995 art. 27 Official Journal of January 24, 1995)
(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 II Official Journal of March 10, 2004)
   Persons summoned by a judicial police officer for the needs of the investigation are required to appear. The judicial police officer can compel to appear by the public force, with the prior authorization of the public prosecutor, persons who have not responded to a summons to appear or whom it is feared that they will not respond. to such a summons.
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.
The judicial police officer draws up a report on their statements. The judicial police officers designated in Article 20 may also, under the supervision of a judicial police officer, hear the persons summoned.
The minutes are drawn up under the conditions provided for in Articles 62 and 62-1.

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