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Law No. 2004-204 Of 9 March 2004 Adapting The Justice To Developments In Crime

Original Language Title: LOI n° 2004-204 du 9 mars 2004 portant adaptation de la justice aux évolutions de la criminalité

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Summary

Amendment of the code of criminal procedure, the criminal code, the book of tax procedures, the code of the judicial organisation, the code of public health, the environment code, the customs code, the currency code and Financial, the code of intellectual property, the code of the road, the code of insurance, the general code of the local authorities. Amendment of Law No. 95-73 of 21 January 1995 on security orientation and programming: creation after Article 15 of Article 15 -1. Amendment of the law of 19 June 1871: amendment of Article 3, creation of Article 3-1. Amendment of the decree of 18 April 1939 laying down the regime of war material, weapons and ammunition: amendment of Articles 24, 26, 31; creation after Article 35 of Article 35-1. Amendment of Law No. 70-575 of 3 July 1970 on the reform of the regime of powders and explosive substances: amendment of Article 6; creation after Article 6 of Article 6-1. Amendment of Law No. 72-467 of 9 June 1972 prohibiting the development, manufacture, possession, stockpiling, acquisition and transfer of biological or toxin-based weapons: amendment of Article 4, creation of Article 4-1. Amendment of the Act of 2 June 1891 to regulate the authorization and operation of horse racing: amendment of Article 4. Amendment of Law No. 83-628 of 12 July 1983 on games of chance: amendment of Articles 1, 2. Amendment of Law No. 2002-1094 of 29 August 2002 on orientation and programming for internal security: creation of Article 5. Amendment of the Law of 21 May 1836 prohibiting lotteries: the creation of Articles 3, 4, 6, after Article 7 of Article 7-1; amendment of Article 5. Amendment of the Law of 15 July 1845 on the Railway Police: amendment of Article 23. Amendment of Act No. 95-66 of 20 January 1995 on access to driver activity and the occupation of taxi operator: creation after Article 2a of Article 2b. Amendment of Act No. 2003-239 of 18 March 2003 for internal security: amendment of Article 23. Amendment of the Law of 29 July 1881 on freedom of the press: creation after Article 65-2 of Article 65-3. Amendment of Order No. 45-174 of February 2, 1945, on Women Offender: Amendment of Articles 4, 7, 9, 20, 33; Creation of Articles 20-9, 20-10. Amendment of Law No. 83-629 of 12 July 1983 regulating private security activities: amendment of Article 3-2. Amendment of Law No. 91-647 of 10 July 1991 on legal aid: amendment of Articles 3, 7, 10, 47. Amendment of Law No. 97-1159 of 19 December 1997 on the placing under electronic supervision as a modality for the execution of custodial sentences: the creation of Article 14. Amendment of Law No. 2001-380 of 3 May 2001 on the suppression of pollutant releases from ships: creation of Article 10. Amendment of Act No. 2003-88 of 3 February 2003 to aggravate penalties for racist, anti-Semitic or xenophobic offences: the creation of Article 11. Amendment of Law n ° 77-1460 of 29 December 1977 amending the municipal regime in the territory of French Polynesia: amendment of Article 3. Repeal of the following texts: the law of 10 March 1927 on the extradition of aliens. Act of 2 July 1931 amending Article 70 of the Code of Criminal Investigation, Order No. 98-580 of 8 July 1998 concerning the time limit for the declaration of births in French Guiana. Ratification of the following orders: n ° 2003-901 of 19 September 2003 on the integration into the civil service of the State of the agents of the territorial administration of French Polynesia affected in the prison services; n ° 2003-918 On 26 September 2003 extending and adapting in New Caledonia, in French Polynesia, in the Wallis and Futuna Islands, in the French Southern and Antarctic Territories and in Mayotte of Law No. 95-125 of 8 February 1995 on The organisation of the courts and the civil, criminal and administrative procedure and of Act No. 2002-1138 of 9 September 2002 on orientation and programming for justice; n ° 2003-923 of 26 September 2003 on the organisation of the Administrative jurisdiction in the Wallis and Futuna Islands.

Keywords

JUSTICE , PENAL PROCEDURE CODE , PENAL CODE , BOOK OF TAX PROCEDURES , CODE OF THE JUDICIAL ORGANIZATION , CODE FOR PUBLIC HEALTH , ENVIRONMENT CODE , CUSTOMS CODE , MONETARY AND FINANCIAL CODE , CMF , INTELLECTUAL PROPERTY CODE , CPI , ROUTE CODE , INSURANCE CODE , GENERAL CODE OF TERRITORIAL COMMUNITIES , CGCT , ADAPTATION , EVOLUTION , NEW SHAPE , FIGHT AGAINST DELINQUENCY AND ORGANIZED CRIME , SPECIAL PROCEDURE , COMPETENCE , JURISDICTION SPECIALISEE , MONITORING , INFILTRATION , GUARD A VIEW , SEARCH , SAVING , CONVERSATION , CONSERVATORY MEASURE , REPRESSION , OFFENSE , PROTECTION OF THE PERSON , BENEFICIARY , PENALTY EXEMPTION , REDUCTION OF SENTENCE , TERMINATION , ATTENUATION , CAUSE DAMAGE , IDENTIFYING , INFRINGER , COMPLICIT IN OFFENCES , THE FIGHT AGAINST INTERNATIONAL CRIME AND CRIMINALITE INTERNATIONAL LEGAL ASSISTANCE , EUROJUST , NATIONAL REPRESENTATIVE , MANDATE OF EUROPEAN ARRET , EMISSION , EFFECT , EXECUTION , DISCOUNT , SEARCHERS , TRANSIT , EXTRADITION , EXTRADITION OF COMMON LAW , SIMPLIFIED PROCEDURE , ECONOMIC OFFENCE , FINANCIAL OFFENCE , CUSTOMS INFRACTION , TERRORISM , PUBLIC HEALTH , MARINE POLLUTION , ACT OF TERRORISM , FOREST FIRE , COUNTERFACTUAL , FIGHT AGAINST WORK CONCEALS , COMBATING DISCRIMINATION , REACHED PERSON , DAMAGE TO PROPERTY , PREVENTION , SEXUAL OFFENCE , PUBLIC ACTION , ENQUIRE , STATEMENT , JUDGMENT , ENFORCEMENT OF SENTENCES , NATIONAL OFFICE AUTOMATES JUDICIAL PROCEDURES , FILING A COMPLAINT , DELIT , CRIME , COURT OF CASSATION , JURISDICTION OF THE APPLICATION OF PENALTIES , JUDGE OF THE APPLICATION OF THE SENTENCES , JAP , MINOR , VICTIMS' RIGHTS , GENERAL INTERET WORK , TIG , SOCIO-JUDICIAL FOLLOW-UP REPRIEVE , ADJOURNMENT , SET THE EPREUVE , A FINE-DAY PENALTY , SEMI-LIBERTARIAN PLACEMENT , ELECTRONIC SURVEILLANCE , EXECUTION EXECUTION , DEPRIVATION OF LIBERTY , UNDOVEABLE , CONDEMNS IN THE END , CRIMINAL RECORD , EXTENSION , NEW-CALEDONIA , FRENCH POLYNESIA , WALLIS AND FUTUNA ISLANDS , FRENCH SOUTHERN AND ANTARCTIC LANDS , TAAF , MAYOTTE , CODE OF THE COMMUNES , SAINT-PIERRE-ET-MIQUELON , RATIFICATION , PRESCRIPTION , BILL OF LAW , PERBEN II

Legislative Folders




JORF No. 59 of 10 March 2004 4567 page
Text N ° 1



ACT No. 2004-204 of 9 March 2004 on the adaptation of justice to developments in crime (1)

NOR: JUSX0300028L ELI: https://www.legifrance.gouv.fr/eli/loi/2004/3/9/JUSX0300028L/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/loi/2004/3/9/2004-204/jo/texte


The National Assembly and the Senate adopted,
Given the decision of the Constitutional Council n ° 2004-492 DC of 2 March 2004 ;
The President of the Republic enacts the following:

  • TITLE I: PROVISIONS ON THE FIGHT AGAINST NEW FORMS OF OFFENDING AND CRIMINALITY
    • Chapter I: Provisions on combating crime and organised crime
      • Section 1: Provisions relating to the special procedure applicable to organised crime and crime Article 1


        Book IV of the Code of Criminal Procedure is supplemented by a title XXV:


        "TITLE XXV



        " OF THE PROCEDURE APPLICABLE TO
        AND THE CRIMINALITY ORGANIZED DECLINANCE


        " Art. 706-73. -The procedure applicable to the investigation, prosecution, investigation and judgment of the following crimes and offences is that provided for in this Code, subject to the provisions of this
        : 1 ° Crime of murder committed in the band Organised under Article 221-4 of the Criminal Code;
        " 2 ° Crime of torture and acts of barbarism committed in an organised band under Article 222-4 of the Criminal Code;
        3 ° Crimes and offences of drug trafficking provided for by the Articles 222-34 to 222-40 of the Penal Code;
        " 4. Crimes and offences of abduction and sequestration in an organised band provided for in Article 224-5-2 of the Penal Code;
        " 5 ° Crimes and aggravated offences of trafficking in human beings provided for by the Articles 225-4-2 to 225-4-7 of the Penal Code;
        " 6 ° Crimes and aggravated offences under Articles 225-7 to 225-12 of the Penal Code;
        " 7 ° Crime of flight committed in an organised band under Article 311-9 of the Criminal Code;
        " 8 ° Crimes aggravated by extortion provided for in Articles 312-6 and 312-7 of the Penal Code;
        9 ° Crime of destruction, degradation and deterioration of a property committed in an organised band under Article 322-8 of the Penal Code;
        " 10 ° Crimes in relation to False currency provided for in Articles 442-1 and 442-2 of the Penal Code;
        " 11 ° Crimes and offences constituting acts of terrorism provided for in Articles 421-1 to 421-5 of the Penal Code;
        " 12 ° Offences in respect of weapons in organized band Article 3 of the Act of 19 June 1871 repealing the Decree of 4 September 1870 on the manufacture of weapons of war, Articles 24, 26 and 31 of the Decree of 18 April 1939 laying down the regime of war materials, weapons and ammunition, the article 6 of Act No. 70-575 of 3 July 1970 on the reform of the regime of powders and explosive substances, article 4 of Law No. 72-467 of 9 June 1972 prohibiting the development, manufacture, possession, storage, acquisition and disposal Biological or toxin-based weapons;
        " 13 ° Time d' aide à l' entrée, à la circulation et au séjour irreguld' un foreignen France clerk en bande organisée par le fourth indent du I de l' article 21 de l' ordonnance n ° 45-2658 du 2 November 1945 on the conditions of entry and residence of foreigners in France;
        " 14 ° Bleaching periods provided for in Articles 324-1 and 324-2 of the Penal Code, or of recel provided for in Articles 321-1 and 321-2 of the same Code, of the product, Income, things from the offences mentioned at 1 ° to 13 °;
        " 15 ° Delays of association of criminals provided for in Article 450 (1) of the Penal Code, when they are intended to prepare one of the offences mentioned in the 1 ° to 14 °.
        " For the offences referred to in the 3 °, 6 ° and 11 °, the provisions of this Title, as well as those of Titles XV, XVI and XVII.
        , shall apply. Art. 706-74. -Where provided for by law, the provisions of this Title shall also
        : 1 ° To crimes and offences committed in organised band, other than those covered by Article 706-73;
        " 2 ° to criminal association offences Under the second paragraph of Article 450-1 of the Criminal Code other than those under Article 706-73 of this Code.


        "Chapter I



        " Competence of Specialized jurisdictions


        " Art. 706-75. -The territorial jurisdiction of a court of high instance and of a court of sitting may be extended to the jurisdiction of one or more courts of appeal for the investigation, prosecution, investigation and prosecution of crimes and offences falling within the scope of the The scope of Articles 706-73, with the exception of 11 °, or 706-74, in cases which are or would appear to be highly complex.
        " This skill extends to related offenses.
        " A decree fixes the list and spring of these Courts, which include a section of the Public Prosecutor's Office and specialised training and judgment groups to deal with these offences
        Art. 706-76. -The Prosecutor of the Republic, the investigating judge, the specialized correctional training of the High Instance Court and the Court of Assizes referred to in Article 706-75 shall, throughout the scope of the jurisdiction established pursuant to Article 706-75 Article, a concurrent jurisdiction to that resulting from the application of Articles 43, 52, 382 and 706-42.
        " The court seised shall remain competent, irrespective of the offences involved in the settlement or judgment of the case. However, if the facts constitute a breach, the investigating judge shall refer the case to the competent police court under Article 522.
        " Art. 706-77. -The Public Prosecutor of the Republic near a court of high instance other than those referred to in Article 706-75 may, for offences falling within the scope of Articles 706-73, with the exception of 11 °, and 706-74, require the judge For the purpose of divestment in favour of the competent investigating court under Article 706-75. The parties shall be notified and invited to make their observations known by the investigating judge. The order shall be issued eight days at the earliest and no later than one month after that
        . Where the examining magistrate decides to divest himself, his order shall take effect only after the five-day period laid down in Article 706-78; Where an appeal is exercised pursuant to that article, the investigating judge shall remain seized until his or her knowledge is brought to the attention of the judge of the trial chamber of res judicature or that of the criminal chamber of the Court Of cassation.
        " As soon as the order has passed res judicres, the prosecutor of the Republic addresses the case of the procedure to the prosecutor of the Republic near the competent court of jurisdiction in accordance with the article 706-76.
        " The provisions of this Article shall apply to the Chamber of the
        . Art. 706-78. -The order made pursuant to Article 706-77 may, with the exclusion of any other remedy, be referred within five days of its notification, at the request of the public prosecutor or of the parties, or in the Chamber of inquiry If the specialised court for the benefit of which the divestment was ordered or refused is within the jurisdiction of the court of appeal in which the court initially seised is situated, or, if not, the criminal court of The Court of Cassation. The investigating judge or the criminal chamber shall, within eight days after the date on which the case is received, designate the investigating judge responsible for the prosecution of the information. The Public Prosecutor's Office may also refer directly to the Trial Chamber or the Criminal Division of the Court of Cassation where the investigating judge has not made an order within the period of one month provided for in the first paragraph of the article 706-77.
        " The judgment of the Chamber of inquiry or of the criminal chamber shall be brought to the attention of the investigating judge and the public prosecutor and notified to the parties
        The provisions of this Article shall apply to the judgment Of the Chamber of Education rendered on the basis of the fourth paragraph of Article 706-77, the action being then brought before the Criminal
        . Art. 706-79. -The magistrates referred to in Article 706-76 and the Prosecutor General close to the competent court of appeal may apply to specialised assistants, appointed under the conditions laid down in the provisions of Article 706, to participate, In accordance with the procedures laid down in this Article, to proceedings concerning crimes and offences falling within the scope of Articles 706-73 or 706-74.


        " Chapter II



        "Procedure



        " Section 1



        "From Monitoring


        " Art. 706-80. -The judicial police officers and, under their authority, the judicial police officers, after informing the public prosecutor of the Republic and with the exception of this judge, may extend to the whole national territory the Surveillance of persons against whom there are one or more plausible reasons for suspecting that they have committed one of the crimes and offences falling within the scope of Articles 706-73 or 706-74 or the supervision of the movement or The transport of objects, goods or products drawn from or used by the commission of such
        . The information prior to the extension of jurisdiction provided for in the first subparagraph shall be given, by any means, to the prosecutor of the Close to the High Court in whose jurisdiction the supervisory operations are likely to commence or, where appropriate, to the Public Prosecutor of the Republic seized under the provisions of Article 706-76.


        "Section 2



        " From infiltration


        " Art. 706-81. -Where the requirements of the investigation or inquiry concerning one of the crimes or offences falling within the scope of Article 706-73 justify it, the prosecutor of the Republic or, after the opinion of that judge, the judge Under their respective control, may authorize an undercover operation under the conditions laid down in this section.
        " Infiltration is, for an officer or a judicial police officer Specially authorised under conditions laid down by decree and acting under the responsibility of a judicial police officer responsible for coordinating the operation, to supervise persons suspected of committing a crime or a crime by being Pass on to these people as one of their co-authors, accomplices or recelors. The officer or the judicial police officer shall be authorized to use a borrowing identity and to commit the acts referred to in Article 706-82, if necessary. Such acts shall not constitute an incitement to commit offences
        The infiltration is the subject of a report by the judicial police officer who coordinated the operation, which includes the elements strictly Necessary for the finding of infringements and not endanging the safety of the undercover agent and persons required within the meaning of Article 706-82.
        " Art. 706-82. -Officers or judicial police officers authorised to carry out an undercover operation may, throughout the national territory, without being criminally liable for such acts:
        " 1 ° Acquire, detain, transport, deliver or Issue substances, goods, products, documents or information from the commission of offences or serving in the commission of such offences;
        " 2. Use or make available to persons engaged in these offences Legal or financial character, as well as means of transport, deposit, accommodation, storage and
        . The exemption from liability provided for in the first subparagraph shall also apply, in respect of acts committed only To carry out the infiltration operation, to the persons required by the officers or judicial police officers to enable the operation to be carried out.
        " Art. 706-83. -The authorisation given under Article 706-81 shall be issued in writing and shall be specially reasoned.
        ' It shall mention the infringements which justify the use of this procedure and the identity of the The judicial police officer under whose responsibility the operation takes place.
        " This authorisation shall determine the duration of the infiltration operation, which may not exceed four months. The operation may be renewed under the same formal and duration conditions. The magistrate who authorised the operation may, at any time, order its interruption before the expiration of the fixed term.
        " The authorization is placed on the procedure file after the completion of the infiltration operation.
        " Art. 706-84. -The actual identity of officers or judicial police officers who have carried out the infiltration under a borrowing identity should not appear at any stage of the procedure
        The disclosure of the identity of these officers or police officers Court is punishable by five years' imprisonment and a fine of 75,000 EUR.
        " Where this revelation has caused violence, beatings and injury to such persons or their spouses, children and direct ascendants, the penalties shall be Seven years' imprisonment and a fine of 100 000 EUR.
        " Where such disclosure has caused the death of such persons or their spouses, children and direct relatives, the penalties shall be increased to ten years' imprisonment and to EUR 150 000 Fine, without prejudice to the application of the provisions of Chapter I of Title II of Book II of the Penal
        . Art. 706-85. -In the event of a decision to suspend the operation or at the end of the time limit fixed by the decision authorising infiltration and in the absence of an extension, the undercover agent may continue the activities referred to in Article 706-82, without being Is criminally liable, the time strictly necessary to allow it to cease its surveillance under conditions ensuring its safety without this duration exceeding four months. The magistrate who has granted the authorisation provided for in Article 706-81 shall be informed as soon as possible. If, at the end of the four-month period, the undercover agent cannot stop his operation under conditions ensuring his safety, this judge shall authorise the extension for a period of not more than four
        . Art. 706-86. -The judicial police officer under whose responsibility the undercover operation takes place can only be heard as a witness on the operation
        However, if it emerges from the report referred to in the third paragraph of the Article 706-81 that the person being examined or appearing before the court of judgment is directly implicated in findings by an agent who has personally carried out the undercover operations, that person may request To be confronted with this agent under the conditions set out in section 706-61. The questions posed to the undercover officer on the occasion of this confrontation must not have the object or effect of revealing, directly or indirectly, his true identity.
        " Art. 706-87. -No conviction shall be imposed solely on the basis of statements made by officers or judicial police officers who have carried out an undercover
        . The provisions of this Article shall not be Not applicable when officers or judicial police officers file under their true identity.


        "Section 3



        " From Guard to View


        " Art. 706-88. -For the purposes of sections 63, 77 and 154, if the requirements of an investigation or inquiry relating to any of the offences falling within the scope of section 706-73 require it, a person's custody of a person may Exceptional, two additional extensions of twenty-four hours each.
        " Such extensions shall be authorized, by written and reasoned decision, or, at the request of the public prosecutor, by the judge of freedoms and Detention, by the investigating judge.
        " The person kept in custody must be presented to the judge who decides on the extension prior to that decision. The second extension, however, may, on an exceptional basis, be authorised without prior presentation of the person because of the necessities of the investigations in progress or to be carried
        . When the first extension is decided, the person Shall be examined by a doctor appointed by the public prosecutor, the investigating judge or the judicial police officer. The doctor shall issue a medical certificate by which he shall, inter alia, decide on the ability to keep in police custody, which shall be placed on the file. The person is notified by the judicial police officer of the right to request a new medical examination. These medical examinations are legal. Notice of this opinion shall be given in the minutes and shall be given by the person concerned; in the event of a refusal to meet, mention shall be made of
        . By way of derogation from the provisions of the first subparagraph, if the foreseeable duration of the investigations remains At the end of the first forty-eight hours of on-demand custody, the judge of liberty and detention or the investigating judge may decide, in accordance with the procedure laid down in the second paragraph, that the police custody will be the subject of a Only additional forty-eight hours extension.
        " A person whose custody is extended pursuant to the provisions of this section may apply to speak with a lawyer in accordance with the provisions of the section 63-4, at the end of the forty-eighth hour and the seventy-second hour of the measure; it shall be notified of this right when the extension (s) are notified to it and referred to in the minutes and received by the person concerned ; in the event of a refusal to do so, it shall be mentioned. However, where the investigation relates to an offence falling within the scope of application of the 3 ° and 11 ° of Article 706-73, the maintenance with a lawyer can only take place after the seventy-second hour.


        " Section 4



        "searches


        " Art. 706-89. -If the requirements of the investigation of the explosion relating to one of the offences falling within the scope of Article 706-73 so require, the judge of the freedoms and the detention of the High Court may, at the request of the Prosecutor of the Republic, to authorise, in accordance with the procedure laid down in Article 706-92, that searches, home visits and seizure of exhibits be carried out outside the hours provided for in Article 59
        Art. 706-90. -If the requirements of the preliminary investigation relating to any of the offences falling within the scope of Article 706-73 so require, the Judge of the Freedoms and Detention of the High Court may, at the request of the In accordance with the procedures laid down in Article 706-92, the Prosecutor of the Republic shall decide that searches, home visits and seizure of exhibits may be carried out outside the hours provided for in Article 59, where such Operations are not related to residential premises.
        " Art. 706-91. -If the requirements of the investigation relating to any of the offences falling within the scope of Article 706-73 require it, the investigating judge may, in accordance with the procedure laid down in Article 706-92, authorise the officers of Judicial police acting on a rogatory commission to carry out searches, home visits and seizure of exhibits outside the hours provided for in Article 59, where such operations do not concern premises "
        " In the event of an emergency, the investigating judge may also authorize judicial police officers to carry out these operations in the premises:
        " 1 ° When it is a crime or a flagrant offence;
        " 2 ° When there is an immediate risk of missing evidence or physical evidence;
        " 3 ° Where there are one or more plausible reasons for suspecting that one or more persons in the premises where the search is to have Place are in the process of committing crimes or offences falling within the scope of Article 706-73
        Art. 706-92. -In the absence of a declaration of invalidity, the authorisations provided for in Articles 706-89 to 706-91 are given for specific searches and are subject to a written order, specifying the classification of the offence sought As well as the address of the places in which the visits, searches and seizures may be made; that order, which is not subject to appeal, is motivated by reference to the facts and law justifying that those operations are Necessary. The operations are carried out under the control of the magistrate who authorised them, and who can move to the premises to ensure compliance with the legal
        . In the cases provided for by the 1 °, 2 ° and 3 ° of Article 706-91, the order Also includes the statement of the considerations of law and fact which form the basis of that decision by reference only to the conditions set out in those paragraphs.
        " Art. 706-93. -The operations provided for in Articles 706-89 to 706-91 shall not, on pain of nullity, have any other purpose other than the search and the finding of the offences referred to in the judgment of the judge of liberty and detention or of the judge Command.
        " The fact that these operations reveal offences other than those referred to in the decision of the judge of liberty and detention or of the investigating judge is not a cause of nullity of the incident
        . Art. 706-94. -Where, in the course of an investigation or investigation of one of the offences falling within the scope of Article 706-73, the person at the place of residence of which a search is made is in police custody or In another place and its transport on the ground seems to have to be avoided because of the serious risks of public disorder or evasion or of the disappearance of the evidence during the time required for transport, the search may Be made, with the prior consent of the public prosecutor or the investigating judge, in the presence of two witnesses required under the conditions laid down in the second paragraph of Article 57, or of a representative appointed by the person whose domicile is in Reason.
        " The provisions of this Article shall also apply to preliminary investigations, where the search is carried out without the consent of the person under the conditions laid down in Articles 76 and 706-90. The agreement is then given by the Justice of Freedoms and Detention.


        "Section 5



        " Intercepts of connections issued
        by way of telecommunications


        " Art. 706-95. -If the requirements of the investigation of the flagrant or preliminary investigation into one of the offences falling within the scope of Article 706-73 require it, the judge of the freedoms and the detention of the court of large instance May, at the request of the Public Prosecutor of the Republic, authorise the interception, recording and transcription of correspondence issued by the telecommunications route in accordance with the provisions laid down in Article 100, second paragraph, 100-1 and 100-3 to 100-7, for a maximum period of fifteen days, renewable once in the same form and duration. These operations are carried out under the control of the Justice of Freedoms and
        . For the purposes of the provisions of Articles 100-3 to 100-5, the powers assigned to the investigating judge or the judicial police officer committed by him Are exercised by the public prosecutor or the judicial police officer required by that
        . The judge of liberty and detention who authorized the interception shall be informed without delay by the Public Prosecutor of the Republic of Performed in application of the preceding paragraph.


        "Section 6



        "
        image sounds and bindings for certain places or vehicles


        " Art. 706-96. -Where the requirements of the information concerning a crime or a crime falling within the scope of Article 706-73 require it, the investigating judge may, after the opinion of the prosecutor of the Republic, authorize by reasoned order the Officers and judicial police officers committed on a rogatory commission to set up a technical device for the purpose of, without the consent of the persons concerned, the capture, fixation, transmission and recording of spoken words By one or more persons in private or confidential capacity, in private or public places or vehicles, or in the image of one or more persons in a private place. These operations are performed under the authority and control of the investigating judge.
        " In order to establish the technical device referred to in the first subparagraph, the investigating judge may authorise the introduction into a vehicle or a place Without the knowledge or consent of the owner or owner of the vehicle or the occupant of the premises, or of any person who owns a right therein, without the knowledge or consent of the owner or owner. In the case of a place of residence and the operation must take place outside the hours provided for in Article 59, that authorisation shall be issued by the judge of the freedoms and detention seized for that purpose by the investigating judge. Such operations, which may have no other purpose than the installation of the technical device, shall be carried out under the authority and control of the investigating
        . The installation of the technical device referred to in the first subparagraph shall not Concern the places referred to in Articles 56-1, 56-2 and 56-3 or be implemented in the vehicle, office or domicile of the persons referred to in Article 100-7.
        " The fact that the operations provided for in this section reveal offences Other than those referred to in the decision of the investigating judge is not a cause of nullity of the incident
        . Art. 706-97. -Decisions taken pursuant to Article 706-96 shall contain all the elements enabling the identification of the vehicles or private or public places concerned, the infringement which motivates the use of such measures and the duration of the These.
        " Art. 706-98. -These decisions are taken for a maximum of four months. They can only be renewed under the same form and duration conditions.
        " Art. 706-99. -The investigating judge or the judicial police officer committed by him may require any qualified officer of a service, unit or agency under the authority or guardianship of the Minister of the Interior or the Minister of Defence; Whose list is fixed by decree, for the installation of the technical devices referred to in Article 706-96.
        " Officers or police officers or officers referred to in the first paragraph of this Article To carry out the operations provided for in Article 706-96 shall be authorised to hold apparatus under the provisions of Article 226-3 of the Penal Code for that
        . Art. 706-100. -The investigating judge or the judicial police officer committed by him shall draw up a record of each operation of the installation of the technical device and of the operations of captation, fixation and sound recording or Audiovisual. This record refers to the date and time the operation began and the time that it ended.
        " The records are placed under closed seals.
        " Art. 706-101. -The investigating judge or the judicial police officer committed by him or her described or transcribed, in a record that is placed on the record, the images or recorded conversations that are relevant to the manifestation of the truth
        Foreign language conversations are transcribed in French with the assistance of an interpreter required for this purpose.
        " Art. 706-102. -The sound or audiovisual recordings shall be destroyed, due to the diligence of the public prosecutor or the attorney general, at the expiration of the limitation period for public
        . Minutes of the operation of the Destroy.


        "Section 7



        " Precautionary Measures


        " Art. 706-103. -In the case of open information for one of the offences falling within the scope of Articles 706-73 and 706-74 and in order to guarantee payment of the fines incurred and, where appropriate, compensation for the victims and The execution of confiscation, the judge of liberty and detention, at the request of the public prosecutor, may order, at the expense of the Treasury and in accordance with the procedures laid down in the civil enforcement procedures, measures Goods, furniture or buildings, discrews or indivis, of the person being examined.
        " The conviction is worth the validation of the provisional seizure and allows the final registration of security
        . The decision not to take place, Relacquittal or acquittal carries the full right, at the expense of the Consolidated Revenue Fund, of the ordered measures. The same applies to the termination of public action and civil action.
        " For the purposes of the provisions of this Article, the judge of liberty and detention shall be competent throughout the national territory.


        "Section 8



        " Common provisions


        " Art. 706-104. - [Provisions declared unconstitutional by decision of Constitutional Council No. 2004-492 DC of 2 March 2004.]
        " Art. 706-105. -Where, during the course of the investigation, the provisions of Articles 706-80 to 706-95 have been applied, the person who has been placed in custody six months before and who has not been prosecuted may question the prosecutor of The Republic in whose jurisdiction the custody has been carried out on or likely to be given to the investigation. This request is addressed by registered letter with an acknowledgement request.
        " When the Public Prosecutor decides to continue the preliminary investigation and intends to proceed with a new hearing or a new hearing Questioning the person during the course of the investigation, that person shall be informed, within two months of the receipt of his application, that the person may request that a lawyer appointed by the person or clerk at his request by the builder be able to Consult the procedure file. The file shall then be made available to the lawyer no later than 15 days from the date of the application and, if necessary, any new hearing or examination of the person.
        " When counsel for the The Republic has decided to classify the case in respect of the person, he shall inform him within two months of the receipt of his
        . In other cases, the public prosecutor is not obliged to reply to the person. The same applies where the provisions of Articles 706-80 to 706-95 have not been applied during the course of the
        . Where the investigation has not been conducted under the direction of the Prosecutor of the Republic of the High Court in the Whose custody has been carried out, it shall immediately send the request to the prosecutor directing the investigation.
        " Art. 706-106. -Where, during the course of the investigation, the provisions of Articles 706-80 to 706-95 have been applied, the person who is referred to the Public Prosecutor under the provisions of Article 393 shall be entitled to the designation A lawyer. The latter may consult the file and communicate freely with it, in accordance with the provisions of the second and third paragraphs of Article 393. The person then appears in the presence of his lawyer before the prosecutor of the Republic who, after hearing his statements and the observations of his lawyer, either proceeds as he is said in Articles 394 to 396, or requires the opening of a Information.
        " If the prosecutor of the Republic seizes the court in accordance with the procedure for immediate appearance, the provisions of the second paragraph of Article 397-1 allowing the defendant to request the referral of the case to a court A hearing which must take place within a period which cannot be less than two months without being more than four months is applicable, irrespective of the penalty incurred. "

        Article 2


        After Article 706-79 of the Code of Criminal Procedure, an Article 706-79-1 reads as follows:
        " Art. 706-79-1. -The Prosecutor-General close to the Court of Appeal, within the jurisdiction of which a competent court is located pursuant to Article 706-75, animates and coordinates, in consultation with the other Attorneys General of the inter-regional jurisdiction, The conduct of public policy for the purposes of this section. "

        Article 3


        After Article 15 of Law No. 95-73 of 21 January 1995 on security orientation and programming, it Is inserted an Article 15-1 worded as follows:
        " Art. 15 -1. -The police and gendarmerie services may pay any foreign persons to the public authorities who provided them with information that directly led to the discovery of crimes or offences, or the identification of Perpetrators of crimes or offences.
        " The arrangements for the payment of such persons shall be determined by the joint order of the Minister of Justice, the Minister of the Interior, the Minister of Defence and the Minister for Finance. "

        Article 4


        Article 77-2 of the Code of Criminal Procedure is supplemented by a sentence so worded:
        " These provisions are not Not applicable to investigations into any of the crimes or offences falling within the scope of section 706-73. "

        Article 5


        After the second paragraph of Article 100-7 of the Code of Criminal Procedure, a paragraph shall be inserted as follows:
        " No interception can take place on a line dependent on the office of a magistrate or his domicile without the first president or the chief prosecutor of the court in which he or she resides.

      • Section 2: Measures relating to the suppression of organized crime and crime Article 6


        I. -After 7 ° of Article 221-4 of the Penal Code, it shall be inserted an 8 ° reading:
        " 8 ° By several persons acting in an organized band. "
        II. -Section 221-5-1 of the same code is renumbered as section 221-5-2 and, after section 221-5, an article 221-5-1 reads as
        : Art. 221-5-1. -The act of making offers or promises to a person or offering any gifts, gifts or benefits in order for the person to commit an assassination or poisoning shall be punished, if the crime has not been committed or attempted, Years of imprisonment and a fine of EUR 150 000. "
        III. -In the first paragraph of Article 222-4 of the Code, after the words: When committed "shall be inserted the words:" Or ".
        IV. -In the second paragraph of Article 222-49 of the Code, the words: And 222-38 " Are replaced by the words: " , 222-38 and 222-39-1 ".
        V.-In the first paragraph of Article 224-3 of the Code, the words:" Either in an organized band or " Are Deleted.
        VI. -After Article 224-5 of the same Code, an Article 224-5-2 reads as follows: '
        ' Art. 224-5-2. -Where the offences provided for in the first paragraph of Article 224-1 and Articles 224-2 to 224-5 are committed in an organised band, the penalties shall be increased to EUR 1 000 000 and
        : 1 ° 30 years of criminal imprisonment if The offence is punishable by 20 years' imprisonment;
        " 2. Life imprisonment if the offence is punishable by 30 years'
        . The first two paragraphs of Article 132-23 concerning the period of Security shall apply in the cases provided for in the 1 and 2 ° cases. "
        VII. -Article 227-22 of the Code is supplemented by a paragraph worded as follows: '
        ' The penalties are brought to ten years' imprisonment and a fine of 1 000 000 EUR when the facts have been committed in an organised band. "
        VIII. -In Article 227-23 of the same Code, after the fourth paragraph, it shall be inserted as follows: '
        ' The offences provided for in the second, third and fourth paragraphs shall be punishable by ten years' imprisonment and a fine of EUR 500 000 When committed in an organized band. "
        IX. -After Article 312-7 of the Code, an Article 312-7-1 reads as follows:
        " Art. 312-7-1. -The fact of not being able to justify resources corresponding to his or her lifestyle while being in regular contact with one or more persons who have committed the offences set out in Articles 312-6 and 312-7 or facilitating the Justification of fictitious resources for the same persons shall be punished by ten years' imprisonment and a fine of EUR 150 000. "
        X. -Article 313-2 of the same code is thus amended:
        1 ° 5 ° is repealed;
        2 ° It is supplemented by a paragraph worded as follows:
        " Penalties are brought to ten years' imprisonment and a fine of 1 000 000 EUR when the fraud is Committed in organized band. "
        XI. -Article 421-5 of the same Code is thus amended:
        1 ° It shall be inserted after the first paragraph of the first
        : The fact of directing or organizing the grouping or arrangement defined in Article 421-2-1 shall be punishable by 20 years' imprisonment Criminal and EUR 500 000 fine. " ;
        2 ° In the last paragraph, the words: Prescribed offences " Are replaced by the words: " Planned offences ".
        XII. -Article 434-30 of the same code is thus amended:
        1 ° In the first subparagraph, the words: Or when they were committed in the context of concerted action between several prisoners " Deleted;
        2 ° The second paragraph shall be supplemented by the Words: " Or when the facts are committed in an organized band, whether or not the band members are inmates ".
        XIII. -After the first paragraph of Article 442-1 of the Code, a paragraph shall be inserted as follows: '
        ' The same penalties shall be imposed for the manufacture of coins and banknotes referred to in the preceding paragraph. Authorised installations or devices intended for that purpose, where it is carried out in breach of the conditions laid down by the institutions entitled to issue these monetary signs and without the agreement of those institutions. "
        XIV. Article 442-2 of the Code reads as follows:
        " Art. 442-2. -The transport, circulation or detention for the placing in circulation of counterfeit or falsified monetary signs referred to in the first subparagraph of Article 442 (1) or of the irregularly manufactured monetary signs mentioned in the The second paragraph of this Article shall be punishable by ten years' imprisonment and a fine of EUR 150
        . The offences set out in the previous paragraph shall be punishable by 30 years' imprisonment and a fine of EUR 450 000 when committed In organized tape.
        " The first two paragraphs of Article 132-23 relating to the period of security shall apply to the offences provided for in the second subparagraph of this Article. "
        XV. -It shall be inserted after Article 450-4 of the same Code, an Article 450-5 worded as follows:
        ' Art. 450-5. -Natural and legal persons found guilty of the offences provided for in the second subparagraph of Articles 450-1 and 450-2-1 shall also be liable to forfeiture of all or part of their property, irrespective of the The nature, furniture or buildings, discrews or indivis. "
        XVI. -Article 3 of the Act of 19 June 1871 repealing the Decree of 4 September 1870 on the manufacture of weapons of war is supplemented by a paragraph worded as
        : Penalties are brought to ten years' imprisonment and a fine of EUR 500 000 when The offence is committed in an organized band. "
        XVII. -The first paragraph of Article 24 of the Decree of 18 April 1939 laying down the regime of war materials, weapons and ammunition is supplemented by a sentence worded as
        : Sentences are brought to ten years' imprisonment and to EUR 500 000 A fine when the offence is committed in an organized band. "
        XVIII. -The first paragraph of Article 26 of the decree of 18 April 1939 is supplemented by a sentence so worded:
        " Penalties shall be increased to ten years' imprisonment and a fine of EUR 500 000 when the offence is committed in organised band. "
        XIX. -The first paragraph of Article 31 of the decree of 18 April 1939 is supplemented by a sentence so worded:
        " Penalties shall be increased to ten years' imprisonment and a fine of EUR 500 000 when the offence is committed in organised band. "
        XX. -The I of Article 6 of Act No. 70-575 of 3 July 1970 on the reform of the regime of explosive powders and substances is supplemented by a paragraph worded as
        : Penalties are brought to ten years' imprisonment and a fine of EUR 500 000 When the offence is committed in an organized band. "
        XXI. -The first paragraph of Article 4 of Law No. 72-467 of 9 June 1972 prohibiting the development, manufacture, possession, stockpiling, acquisition and transfer of biological or toxin-based weapons shall be supplemented by a sentence so worded :
        " Penalties shall be increased to ten years' imprisonment and a fine of EUR 500 000 when the offence is committed in organised band. "
        XXII. -The first paragraph of Article 4 of the Act of 2 June 1891 to regulate the authorisation and functioning of horse races is thus amended:
        1 ° The words: Two years and a fine of EUR 9 000 " Are replaced by The words: " Three years and a fine of EUR 45 000 " ;
        2 ° It is complemented by a sentence so written:
        " The penalties are brought to seven years' imprisonment and a fine of EUR 100 000 when the offence is committed in an organised band. "
        XXIII. -The first paragraph of Article 1 of Law No. 83-628 of 12 July 1983 on gambling is thus amended:
        1 ° The words: Two years' imprisonment and a fine of EUR 30 000 ' Are replaced by the words: " Three years Imprisonment and EUR 45 000 fine ' ;
        2 ° It is complemented by a sentence so written:
        " The penalties are brought to seven years' imprisonment and a fine of EUR 100 000 when the offence is committed in an organised band. "
        XXIV. -The first paragraph of Article 2 of Act No. 83-628 of 12 July 1983 is thus amended:
        1 ° The words: " Two years' imprisonment and a fine of EUR 30 000 ' Are replaced by the words: " Three years' imprisonment and 45 000 EUR of fine ' ;
        2 ° It is complemented by a sentence so written:
        " The penalties are brought to seven years' imprisonment and a fine of EUR 100 000 when the offence is committed in an organised band. "

        Article 7


        After Article 322-6 of the Penal Code, an article 322-6-1 reads as follows:
        " Art. 322-6-1. -The dissemination by any means, except to professionals, of processes for the manufacture of destruction equipment developed from powder or explosive substances, nuclear, biological or chemical materials, Or from any other product for domestic, industrial or agricultural use, shall be liable to one year imprisonment and a fine of 15 000 EUR.
        " The penalties are brought to three years' imprisonment and a fine of EUR 45 000 when it has been Used, for the dissemination of processes, a telecommunications network to an unspecified audience. "

        Article 8


        In Article 421-2 of the Penal Code, after the words:" In the subsoil ", are inserted the words:" , in Food or food components ".

        Article 9


        The last paragraph of Article 706-25-1 of the Code of Criminal Procedure is thus Modified:
        1 ° In the first sentence, the words: " The offence referred to " Are replaced by the words: " The offences referred to " ;
        2 ° In the last sentence, the words: This crime " Are replaced by the words: " Offences ".

        Article 10


        In the last paragraph of Article 706-17 of the Code of Criminal Procedure, the words: " And section 421-2-2 " Are replaced by the Words: " And sections 421-2-2 and 421-2-3 ".

        Article 11


        In the last paragraph of section 3 of the Act of June 19, 1871 Said, the words: Any other substance intended to enter the composition of a " Are replaced by the words: " Any other element or substance intended to enter the composition of an equipment ".

        Item 12


        I. -The title of Section 3 of Chapter II of Title III of Book I of the Penal Code reads as follows: Definition of certain circumstances Causing the aggravation, reduction or exemption of penalties ".
        II. -After Article 132-77 of the same Code, an Article 132-78 reads as follows: '
        ' Art. 132-78. -The person who has attempted to commit a crime or an offence is, in the cases provided for by law, free of punishment if, having notified the administrative or judicial authority, it has prevented the infringement and, where appropriate, Identify other authors or accomplices.
        " In cases provided for by law, the duration of the penalty of deprivation of liberty incurred by a person who has committed a crime or a crime shall be reduced if, having notified the administrative authority or Court, it has made it possible to stop the offence, to prevent the infringement from producing damage or to identify the other authors or accomplices
        The provisions of the preceding paragraph shall also apply where the person has Permit either to avoid the enforcement of a related offence of the same nature as the crime or crime for which it was prosecuted, or to stop such an offence, to prevent it from producing damage or to identify the perpetrators thereof, or Accomplices.
        " No conviction shall be imposed on the sole basis of statements by persons who have been the subject of the provisions of this Article. "
        III. -After Article 706-63 of the Code of Criminal Procedure, a Title XXI bis reads as follows:


        "TITLE XXI BIS



        " PROTECTION OF PERSONS WITH EXEMPTIONS OR PENALTIES FOR THE PERMIT TO AVOID INFRINGEMENT, TO ESTABLISH OR TO EXPAND THE DAMAGE OF A OFFENCE, OR IDENTIFY THE AUTHORS OR COMPLICATIONS OF OFFENCES
        " Art. 706-63-1. -Persons referred to in Article 132-78 of the Criminal Code shall, as appropriate, be subject to protection in order to ensure their safety. They may also benefit from measures to ensure their reintegration.
        " If necessary, such persons may be authorised, by reasoned order made by the President of the High Court, to make use of a Loan identity.
        " The disclosure of the identity of such persons is punishable by five years' imprisonment and a fine of EUR 75 000. Where such disclosure has caused, directly or indirectly, violence, beatings and injury to such persons or their spouses, children and direct relatives, the penalties shall be increased to seven years' imprisonment and to EUR 100 000 Fine. The penalties shall be increased to ten years' imprisonment and to a fine of EUR 150 000 where such disclosure has caused, directly or indirectly, the death of such persons or their spouses, children and direct
        . Protection measures and A national commission whose composition and operating procedures are defined by decree in the Council of State shall be defined on the requisition of the public prosecutor. This committee sets out the obligations to be met by the person and ensures the follow-up of protection and reintegration measures, which it can modify or to which it can terminate at any time. In the event of an emergency, the competent services shall take the necessary measures and shall inform the national commission without
        . The provisions of this Article shall also apply to family members and close relatives of persons Mentioned in Article 132-78 of the Penal Code. "
        IV. -After Article 221-5-1 of the Criminal Code, an Article 221-5-3 reads as follows: '
        ' Art. 221-5-3. -Anyone who has tried to commit the crimes of murder or poisoning shall be exempt from punishment if, having notified the administrative or judicial authority, it has prevented the death of the victim and the identification, if any, of the Other authors or accomplices.
        " The penalty of deprivation of liberty incurred by the perpetrator or accomplice in a poisoning shall be reduced to 20 years' imprisonment if, having notified the administrative or judicial authority, the penalty has been avoided Death of the victim and identification, if any, of the other perpetrators or accomplices. "
        V.-After item 222-6-1 of the same code, an article 222-6-2 reads as follows:
        " Art. 222-6-2. -Any person who has tried to commit the crimes provided for in this paragraph shall be exempt from punishment if, having notified the administrative or judicial authority, it has made it possible to prevent the occurrence of the offence and to identify Other authors or accomplices.
        " The penalty of deprivation of liberty incurred by the perpetrator or accomplice in any of the crimes provided for in this paragraph shall be reduced by half if, having notified the administrative or judicial authority, the penalty has been reduced To stop the offence or to prevent the offence of causing death of a person or permanent infirmity and to identify, where appropriate, other perpetrators or accomplices. When the penalty is life imprisonment, the sentence is reduced to 20 years' imprisonment. "
        VI. Article 222-43 of the same code is thus amended:
        1 ° The words: " Articles 222-34 to 222-40 " Are replaced by the words: " Articles 222-35 to 222-39 " ;
        2 ° It is complemented by a sentence so written:
        " In the case provided for Article 222-34, the penalty of life imprisonment is reduced to 20 years' imprisonment. "
        VII. -After Article 222-43 of the Code, it shall be inserted an Article 222-43-1 worded as follows: '
        ' Art. 222-43-1. -Any person who has tried to commit the offences provided for in this section shall be exempt from punishment if, having notified the administrative or judicial authority, it has prevented the conduct of the offence and has identified, Other authors or accomplices. "
        VIII. Article 224-5-1 shall be inserted after Article 224-5 of the same Code: '
        ' Art. 224-5-1. -Any person who has tried to commit the crimes provided for in this section shall be exempt from punishment if, having notified the administrative or judicial authority, it has made it possible to prevent the occurrence of the offence and to identify Other authors or accomplices.
        " The penalty of deprivation of liberty incurred by the perpetrator or accomplice in any of the crimes provided for in this section shall be reduced by half if, having notified the administrative or judicial authority, the penalty To stop the offence or to prevent the offence of causing death of a person or permanent infirmity and to identify, where appropriate, other perpetrators or accomplices. When the penalty is life imprisonment, the sentence is reduced to 20 years' imprisonment. "
        IX. -After Article 224-8 of the same Code, an Article 224-8-1 reads as follows: '
        ' Art. 224-8-1. -Any person who has tried to commit the crimes provided for in this section shall be exempt from punishment if, having notified the administrative or judicial authority, it has made it possible to prevent the occurrence of the offence and to identify Other authors or accomplices.
        " The penalty of deprivation of liberty incurred by the perpetrator or accomplice in any of the crimes provided for in this section shall be reduced by half if, having notified the administrative or judicial authority, the penalty To stop the offence or to prevent the offence of causing death of a person or permanent infirmity and to identify, where appropriate, other perpetrators or accomplices. When the penalty is life imprisonment, the sentence is reduced to 20 years' imprisonment. "
        X. -It shall be inserted after Article 225-4-8 of the same Code, an Article 225-4-9 thus written:
        ' Art. 225-4-9. -Any person who has tried to commit the offences provided for in this section shall be exempt from punishment if, having notified the administrative or judicial authority, it has made it possible to avoid the infringement and to identify the case Other authors or accomplices.
        " The penalty of deprivation of liberty incurred by the perpetrator or accomplice in any of the offences provided for in this section shall be reduced by half if, having notified the administrative or judicial authority, he has Permit to stop the offence or to prevent the offence of causing death or permanent infirmity and to identify, where appropriate, the other perpetrators or accomplices. When the penalty is life imprisonment, the sentence is reduced to 20 years' imprisonment. "
        XI. Article 225-11-1 shall be inserted after Article 225-11 of the same Code: '
        ' Art. 225-11-1. -Any person who has tried to commit the offences provided for in this section shall be exempt from punishment if, having notified the administrative or judicial authority, it has prevented the conduct of the offence and has identified, Where applicable, other authors or accomplices.
        " The penalty of deprivation of liberty incurred by the perpetrator or the accomplice of any of the offences provided for in this section shall be reduced by half if, having notified the administrative or judicial authority, Has made it possible to stop the offence or to prevent the crime from causing death or permanent infirmity and to identify, where appropriate, the other perpetrators or accomplices. When the penalty is life imprisonment, the sentence is reduced to 20 years' imprisonment. "
        XII. Article 311-9-1 shall be inserted after Article 311-9 of the same Code: '
        ' Art. 311-9-1. Article 311-9 shall be free of penalty if, having notified the administrative or judicial authority, it has prevented the conduct of the offence and has identified, Where applicable, other authors or accomplices.
        " The penalty of deprivation of liberty incurred by the perpetrator or accomplice in an organized gang shall be reduced by half if, having notified the administrative or judicial authority, the penalty has been reduced. To cease the current offence or to prevent the offence of causing death or permanent infirmity and to identify, where appropriate, the other perpetrators or accomplices. "
        XIII. Article 312-6-1 is inserted after Article 312-6 of the same Code: '
        ' Art. 312-6-1. -Any person who has attempted to commit an extortion in an organised band provided for in Article 312-6 shall be exempt from punishment if, having notified the administrative or judicial authority, it has prevented the infringement from being carried out and Identify, where appropriate, other authors or accomplices.
        " The penalty of deprivation of liberty incurred by the perpetrator or the accomplice of an extortion in an organized band shall be reduced by half if, having notified the administrative or judicial authority, Has made it possible to stop the offence or to prevent the crime from causing death or permanent infirmity and to identify, where appropriate, the other perpetrators or accomplices. When the penalty is life imprisonment, the sentence is reduced to 20 years' imprisonment. "
        XIV. -It is inserted, after Article 3 of the aforementioned Law of 19 June 1871, an Article 3-1 worded as follows:
        " Art. 3-1. -The penalty of deprivation of liberty incurred by the perpetrator or the accomplice of the offences provided for in Article 3 shall be reduced by half if, having notified the administrative or judicial authority, he has made it possible to put an end to the acts in question and Identify, where appropriate, other authors or accomplices. "
        XV. -It is inserted, after Article 35 of the decree of 18 April 1939, cited above, an Article 35-1 worded as
        : Art. 35-1. -The penalty of deprivation of liberty incurred by the perpetrator or the accomplice of the offences provided for in Articles 24, 26 and 31 shall be reduced by half if, having notified the administrative or judicial authority, he has made it possible to stop the acts And to identify, where appropriate, other perpetrators or accomplices. "
        XVI. -It is inserted, after Article 6 of Law No 70-575 of 3 July 1970, cited above, an Article 6-1 worded as follows: '
        ' Art. 6-1. -The penalty of deprivation of liberty incurred by the perpetrator or the accomplice of the offences provided for in Article 6 shall be reduced by half if, having notified the administrative or judicial authority, he has made it possible to put an end to the acts in question and Identify, where appropriate, other authors or accomplices. "
        XVII. -It is inserted, after Article 4 of Law No. 72-467 of 9 June 1972, above, an Article 4-1 worded as follows: '
        ' Art. 4-1. -The penalty of deprivation of liberty incurred by the author or the accomplice of the offences provided for in this Law shall be reduced by half if, having notified the administrative or judicial authority, he has made it possible to put an end to the acts in question and Identify, where appropriate, other authors or accomplices. "

        Article 13


        After section 434-7-1 of the Criminal Code, a section 434-7-2 reads as follows:
        " Art. 434-7-2. -Without prejudice to the rights of the defence, the fact, for any person who, by reason of his or her duties, is aware, in accordance with the provisions of the Code of Criminal Procedure, of information from an investigation or an instruction in progress Relating to a crime or an offence, to disclose, directly or indirectly, such information to persons who may be involved, as authors, co-authors, accomplices or recerators, in the commission of such offences, when such disclosure Is liable to hinder the conduct of investigations or the manifestation of the truth, shall be punished by five years' imprisonment and a fine of EUR 75 000.

      • Section 3: Miscellaneous Provisions Item 14


        I. -The last three paragraphs of Article 63-4 of the Code Criminal procedure shall be replaced by a paragraph worded as follows: '
        ' If the person is kept in custody for an offence referred to in the 4 °, 6 °, 7 °, 8 ° and 15 ° of Article 706-73, the maintenance with a lawyer can only take place after a period of 48 hours. If it is kept in sight for an offence referred to in the 3 ° and 11 ° of the same article, the interview with a lawyer can only take place after a period of seventy-two hours. The prosecutor of the Republic is notified of the characterization of the facts retained by the investigators as soon as he is informed by the investigators of the placement in custody. "
        II. Article 76 of the same Code shall be supplemented by a paragraph worded as follows: '
        ' If the requirements of the investigation relating to an offence punishable by imprisonment for a period equal to or greater than five years require it, the judge of liberty and detention The Court of First Instance may, at the request of the Public Prosecutor of the Republic, decide, in a written and reasoned decision, that the operations provided for in this Article shall be carried out without the consent of the person at whom they take place. In the absence of a declaration of invalidity, the decision of the judge of liberty and detention shall specify the classification of the offence for which proof is sought and the address of the places in which such operations may be carried out; this decision shall be reasoned By reference to the factual and legal elements justifying the need for such operations. The operations are carried out under the control of the magistrate who authorised them, and who can move to the premises to ensure compliance with the legal provisions. Such operations shall not, on the grounds of nullity, have any other purpose other than the search and recognition of the offences 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 cause of invalidity of the incident proceedings. "
        III. -Article 85 of the Code is supplemented by the following words: Pursuant to sections 52 and 706-42 ".
        IV. -Article 706-26 of the same code, the reference: 222-39 " Is replaced by the reference: " 222-40 ".
        V.-Article 706-28 of the same code is thus amended:
        1 ° The first subparagraph is supplemented by the words: When it is not local Housing " ;
        2 ° The second paragraph is deleted.
        VI. -Article 4 of Ordinance No. 45-174 of 2 February 1945 on the childhood offender is thus amended:
        1 ° At the end of the first sentence of the last paragraph of the V, the words: Statement loaded " Are replaced by the words: " Statement of the place of performance of the measure " ;
        2 ° The last sentence of the last paragraph of the V is deleted;
        3 ° It is completed by a VII thus written:
        " VII. Article 706-88 of the Code of Criminal Procedure, with the exception of the second sentence of its last paragraph, shall apply to a minor over sixteen years of age where there is one or more plausible reasons for suspecting One or more major persons participated, as authors or accomplices, in the commission of the offence. "
        VII. -Sections 76-1, 706-23, 706-24, 706-24-1, 706-24-2, 706-29, 706-30, 706-32 and 706-36-1 of the Code of Criminal Procedure are
        . -In Article 865 of the same Code, the words: Articles 706-23 and 706-29 " Are replaced by the words: " In Article 706-88 ".
        IX. -Article 866 of the same code reads as follows:
        " Art. 866. -The first paragraph of Article 706-103 reads as follows:
        " In the case of open information for one of the offences falling within the scope of Articles 706-73 and 706-74 and in order to guarantee payment of the fines incurred, Where appropriate, the compensation of the victims and the execution of the confiscation, the chairman of the court of instance or a judge delegated by him, at the request of the public prosecutor, may order, at the expense of the Treasury, and according to the Arrangements provided for in the civil enforcement procedures, provisional measures on the property, furniture or buildings, discrews or indivis, of the person being examined. "

        Article 15


        In the first sentence of Article L. 10 B of the book of tax procedures, the references:" 225-5, 225-6, 321-1, Second paragraph, and 321-6 " Are replaced by references: " 225-4-8, 225-5, 225-6, 321-1, second paragraph, 321-6, 421-2-3, and 450-2-1 ".

        Item 16


        Article 5 of Law No. 2002-1094 of 29 August 2002 on internal security orientation and programming is supplemented by a sentence so worded:
        " Within the same framework, officers and judicial police officers Shall communicate to the officers of the four Directorates referred to above all the elements which may involve financial, fiscal or customs involvement, without any opposition to the obligation to secrecy.

      • Chapter II: Provisions concerning the fight against international crime and crime Article 17


        I. -Title X of Book IV of the Code of Criminal Procedure reads:


        "TITLE X



        " DE L' ENTRAIDE JUDICIARY INTERNATIONALE



        "Chapter I



        " General



        " Section 1



        "Forwarding and running support requests


        " Art. 694. -In the absence of an international convention by stipulating otherwise:
        " 1 ° Mutual assistance requests from the French judicial authorities for foreign judicial authorities are transmitted through the Ministry of Justice. Execution documents are returned to the authorities of the requesting State by the same route;
        " 2 ° Mutual assistance requests from foreign judicial authorities for the French judicial authorities are transmitted through the channels Diplomatic. Execution documents are returned to the authorities of the requesting state by the same route.
        " In the event of an emergency, requests for assistance requested by the French or foreign authorities may be transmitted directly to the authorities of the State Required to execute them. The return of the implementing documents to the competent authorities of the requesting State shall be carried out in the same manner. However, unless otherwise agreed by the International Convention, requests for mutual assistance from the foreign judicial authorities and intended for the French judicial authorities must be the subject of an opinion given by the diplomatic channel by the Interested foreign government.
        " Art. 694-1. -In the event of an emergency, requests for mutual assistance from foreign judicial authorities shall be transmitted, in accordance with the distinctions provided for in Article 694-2, to the Public Prosecutor or to the investigating judge of the High Court Territorially competent. They may also be addressed to such judges through the Attorney
        . If the prosecutor of the Republic receives a request for assistance directly from a foreign authority which can only be carried out by the judge He shall transmit it for execution to the latter or seize the Attorney General in the case provided for in Article 694-4.
        " Before proceeding with the execution of a request for assistance directly before it, the investigating judge shall Shall immediately communicate to the Public Prosecutor of the Republic
        Art. 694-2. -Requests for assistance from foreign judicial authorities shall be executed by the public prosecutor or by the officers or judicial police officers required for that purpose by that
        . They shall be executed by the judge Judicial police officers acting on the rogatory commission of this judge when they require certain procedural acts which may be ordered or executed only in the course of a preparatory
        . Art. 694-3. -Requests for mutual assistance from foreign judicial authorities shall be executed in accordance with the rules of procedure provided for in this
        . However, if the request for mutual assistance specifies it, it is executed according to the rules of procedure Expressly indicated by the competent authorities of the requesting State, provided, on pain of nullity, that those rules do not reduce the rights of the parties or the procedural guarantees provided for in this Code. Where the request for assistance cannot be carried out in accordance with the requirements of the requesting State, the French competent authorities shall inform the authorities of the requesting State without delay and indicate the conditions under which the request could be made. Be executed. The competent French authorities and those of the requesting State may subsequently agree on the continuation of the request, if necessary, by making it subject to compliance with the said conditions
        Irregularity of transmission of the Request for assistance shall not constitute a cause for nullity of acts performed in execution of that
        . Art. 694-4. -If the execution of a request for assistance from a foreign judicial authority is such as to impair the public order or the essential interests of the Nation, the public prosecutor of the Republic seized of the request or notified of that request Application of the third paragraph of Article 694-1 shall forward it to the Attorney General who shall determine, where appropriate, to refer the matter to the Minister of Justice and shall, where appropriate, give notice of such transmission to the investigating
        . If it is The Minister of Justice shall inform the requesting authority, where appropriate, of the fact that it cannot be given effect, in whole or in part, at his request. This information shall be notified to the judicial authority concerned and shall prevent the execution of the request for assistance or the return of the execution documents.


        "Section 2



        " Terms and Conditions for Certain
        Support Request Types


        " Art. 694-5. -The provisions of Article 706-71 shall apply to the simultaneous execution, within the territory of the Republic and abroad, of requests for assistance from foreign judicial authorities or from acts of mutual assistance made on request French judicial authorities.
        " Interrogation, hearings or confrontations made abroad at the request of the French judicial authorities shall be carried out in accordance with the provisions of this Code, except where International convention is an obstacle.
        " The interrogation or confrontation of a person being prosecuted can only be carried out with his consent.
        " The provisions of Articles 434-13 and 434-15 -1 of the Penal Code shall apply to Witnesses heard on the territory of the Republic at the request of the judicial authorities of the requesting State in accordance with the conditions laid down in this Article
        Art. 694-6. -Where the supervision provided for in Article 706-80 is to be continued in a foreign state, it shall be authorised, in accordance with the conditions laid down in the international conventions, by the prosecutor of the Republic responsible for the investigation
        The Minutes of execution of the monitoring operations or related reports and the authorization to continue the execution in the territory of a foreign State shall be placed on the record of the
        . Art. 694-7. -With the prior consent of the Minister of Justice seized of a request for mutual legal assistance for this purpose, foreign police officers may continue on the territory of the Republic, under the direction of judicial police officers Of infiltration operations in accordance with the provisions of Articles 706-81 to 706-87. The agreement of the Minister of Justice can be accompanied by conditions. The operation must then be authorized by the Public Prosecutor of the Republic near the Paris District Court or the investigating judge of the same jurisdiction under the conditions set out in Article 706-81.
        " The Minister of Justice cannot Agree that if the foreign agents are assigned to a specialised service in their country and carry out police missions similar to those of the specially authorised national staff referred to in Article 706-81.
        " Art. 694-8. -With the agreement of the foreign judicial authorities, the foreign police officers mentioned in the second paragraph of Article 694-7 may also, under the conditions laid down in Articles 706-81 to 706-87, participate under the direction of French judicial police officers in undercover operations conducted in the territory of the Republic in the framework of a national judicial
        . Art. 694-9. -Where, in accordance with the provisions of the international conventions, the prosecutor of the Republic or the investigating judge communicates to foreign judicial authorities information derived from a criminal procedure in progress, It can submit the use of this information to the conditions it determines.


        "Chapter II



        " Terms of mutual assistance between France
        and others EU Member States


        " Art. 695. -The provisions of this Chapter apply to requests for assistance between France and the other Member States of the European Union.


        "Section 1



        " Forwarding and running support requests


        " Art. 695-1. -Except where an international convention provides otherwise and subject to the provisions of Article 694-4, requests for mutual assistance shall be transmitted and the execution documents returned directly between the judicial authorities Territorially competent to deliver and execute them, in accordance with the provisions of sections 694-1 to 694-3.


        "Section 2



        " Joint Investigation Teams


        " Art. 695-2. -With the prior consent of the Minister of Justice and the consent of the other Member State (s) concerned, the competent judicial authority may set up a joint investigation team, where appropriate, within the framework of a French procedure, complex investigations involving the mobilisation of important means and which concern other Member States, or where several Member States carry out investigations into offences requiring coordinated action And concerted between the Member States concerned.
        " Foreign agents seconded by another Member State to a joint investigation team, within the limits of the powers attached to their status, may, under the direction of the authority Competent court, having as its mission, where appropriate, over the whole of the national territory:
        " 1. To observe and record all crimes, offences or contraventions, as necessary in the forms provided for in the law of their Status;
        " 2 ° to receive by record the statements made to them by any person who may provide information on the facts in question, as necessary in the forms provided for by the law of their State;
        " 3 ° Support French judicial police officers in the performance of their duties;
        " 4 ° To carry out surveillance and, if specially authorised for this purpose, to infiltrations, under the conditions laid down in Articles 706-81 and following And without the need to enforce the provisions of sections 694-7 and 694-8.
        " Foreign agents seconded to a joint investigation team may carry out these tasks, subject to the consent of the Member State which has Process their detach.
        " These officers only intervene in the operations for which they have been designated. None of the powers of the French judicial police officer, responsible for the team, can be delegated to them.
        " An original of the minutes that they have established and which must be written or translated into French shall be paid to the French procedure.
        " Art. 695-3. -Within the framework of the Joint Investigation Team, French officers and judicial police officers seconded to a joint investigation team may carry out the operations prescribed by the Team Leader over the entire scope of the The territory of the State in which they intervene, within the limits of the powers granted to them by this
        . Their tasks shall be defined by the authority of the competent Member State to lead the joint investigation team in the territory Where the team is involved.
        " They may receive the declarations and observe the infringements in the forms provided for in this Code, subject to the agreement of the State in whose territory they intervene.


        "Section 3



        " From Eurojust Unit


        " Art. 695-4. -In accordance with the Council Decision of 28 February 2002 establishing Eurojust in order to strengthen the fight against serious forms of crime, the Eurojust unit of the European Union with legal personality acting as a Or through a national representative, is responsible for promoting and improving coordination and cooperation between the competent authorities of the Member States of the European Union in all relevant investigations and prosecutions Of its competence.
        " Art. 695-5. -The Eurojust unit, acting through its national representatives or as a college,
        : 1 ° Inform the attorney general of the offences of which she is aware and ask him to conduct an investigation or Initiate prosecutions;
        " 2 ° Request the Prosecutor General to report or to report infringements to the competent authorities of another Member State of the European Union;
        " 3 ° Request the Attorney General to have the Places a joint investigation team;
        " 4. Request the Prosecutor General or the investigating judge to provide him with information from judicial proceedings which are necessary for the performance of his tasks
        Art. 695-6. -Where the Prosecutor General or the investigating judge fails to comply with a request from the Eurojust unit, he shall inform him as soon as possible of the decision taken and of his
        . However, this motivation is not Required for applications referred to in 1 °, 2 ° and 4 ° of section 695-5, where it may affect the security of the Nation or jeopardize the conduct of an ongoing investigation or the safety of a person.
        " Art. 695-7. -Where a request for assistance requires, for a coordinated execution, the intervention of the Eurojust unit, the Eurojust unit may transmit it to the required authorities through the national representative concerned.


        "Section 4



        " From National Representative to Eurojust


        " Art. 695-8. -The national representative is a non-hierarchical magistrate made available to the Eurojust unit for a period of three years by order of the Minister of
        . The Minister of Justice may issue instructions to the Conditions laid down by Article 30
        Art. 695-9. -As part of its mission, the national representative has access to national criminal record information and judicial police files.
        " It may also ask the competent judicial authorities to communicate to it the Information from the judicial procedures that are necessary for the performance of its mission. The judicial authority requested may, however, refuse such communication if it is such as to impair the public order or the essential interests of the Nation. It may also differ for reasons related to the conduct of an ongoing investigation or the security of persons.
        " The national representative shall be informed by the Attorney General of the cases liable to enter the Eurojust's competence in respect of at least two other Member States of the European
        . It is also competent to receive and transmit to the Prosecutor General information relating to the investigations of the European Office of the Fight against fraud.


        "Chapter III



        " Self-help provisions
        between France and some states


        " Art. 695-10. -The provisions of Sections 1 and 2 of Chapter II shall apply to requests for mutual assistance between France and the other States party to any convention with provisions similar to those of the Convention of 29 May 2000 Mutual legal assistance in criminal matters between the Member States of the European Union.


        "Chapter IV



        " The European Arrest Warrant and the surrender procedures between Member States resulting from The Council of the European Union Framework Decision of 13 June 2002


        "Section 1



        " General


        " Art. 695-11. -The European arrest warrant is a judicial decision issued by a Member State of the European Union, known as a Member State of issue, with a view to the arrest and surrender by another Member State, known as a Member State of enforcement, of an Person sought for criminal prosecution or for the execution of a custodial sentence or security measure.
        " The judicial authority shall be competent, in accordance with the rules and under the conditions laid down by the present Chapter, to address the judicial authorities of other Member States of the European Union or to execute on their application a European arrest
        . Art. 695-12. -The facts which may give rise to the issue of a European arrest warrant are, according to the law of the issuing Member State, the following:
        " 1 ° Facts punished by deprivation of liberty for a period equal to or greater than one year Or, where a sentence has been imposed, when the sentence is imposed equal to or greater than four months imprisonment;
        " 2. The acts of deprivation of liberty for a period equal to or greater than one year or, Where a security measure has been imposed, where the duration to be incurred is equal to or greater than four months imprisonment.
        " Art. 695-13. -Any European arrest warrant contains the following information:
        " -the identity and nationality of the person sought;
        " -the precise designation and full contact details of the judicial authority from which it emanates;
        " - An indication of the existence of an enforceable judgment, an arrest warrant or any other judicial decision having the same force under the law of the issuing Member State and falling within the scope of Articles 695-12 and 695-23 ;
        " -the nature and legal classification of the offence, in particular with regard to Article 695-23;
        -the date, place and circumstances in which the offence was committed and the extent to which the offence was committed Wanted person;
        " -the sentence imposed, if it is a final judgment, or the penalties laid down for the infringement by the law of the issuing Member State and, to the extent possible, the other consequences of the
        . Art. 695-14. -The European arrest warrant addressed to the competent authority of another Member State must be translated into the official language or in one of the official languages of the executing Member State or in one of the official languages of the institutions Of the European Communities accepted by this state.
        " Art. 695-15. -Where the person sought is in a place known in the territory of another Member State, the European Arrest Warrant may be sent directly to the executing judicial authority, by any means leaving a written record, in Conditions allowing this authority to verify its authenticity.
        " In other cases, the transmission of a European arrest warrant may be carried out either through the Schengen Information System or through the system of Secure telecommunication of the European Judicial Network, or, if it is not possible to use the Schengen Information System, through the International Criminal Police Organisation (Interpol) or by any other means leaving a trace Written and under conditions allowing the executing judicial authority to verify its authenticity.
        " A report in the Schengen Information System, together with the information provided for in Article 695-13, is valid for arrest European.
        " As a transitional period, until the Schengen Information System is capable of transmitting all the information referred to in Article 695-13, the alert shall be valid for European arrest pending the dispatch of The original.


        "Section 2



        " Provisions for issuing a European Arrest
        mandate by French jurisdictions



        "Paragraph 1



        " European Arrest Warrant issuance conditions


        " Art. 695-16. -The Public Prosecutor's Office close to the court of inquiry, judgment or application of the penalties awarded a warrant of arrest puts the latter in the form of a European arrest warrant or at the request of the court, or Under the rules and under the conditions laid down in Articles 695-12 to 695-15.
        " The Public Prosecutor's Office shall also be competent, if it considers it necessary, to ensure, in the form of a European arrest warrant, the execution of penalties In accordance with the rules and under the conditions laid down in Articles 695-12 to 695-15.
        " Art. 695-17. -Where the public prosecutor has been informed of the arrest of the person sought, he shall promptly inform the Minister of Justice of a copy of the warrant issued to the judicial authority of the executing Member State.


        "Paragraph 2



        " European Arrest Warrant Effects


        " Art. 695-18. -Where the public prosecutor who issued the European arrest warrant has obtained the surrender of the person sought, the person sought may not be prosecuted, convicted or detained for the execution of a sentence of deprivation of liberty for any fact Prior to the surrender and other than the one that motivated this measure, except in one of the following cases:
        " 1. Where the person has expressly waived, at the same time as the person has consented, to the benefit of the rule of specialty in the Conditions laid down by the law of the executing Member State;
        " 2 ° Where the person expressly waives, after his surrender, to the benefit of the rule of specialty under the conditions laid down in Article 695-19;
        " 3 ° Where authority The judicial of the executing Member State, which has surrendered the person, expressly consents thereto;
        " 4. Where, having had the opportunity to do so, the person sought has not left the national territory within 45 days after his Final release, or if returned voluntarily after leaving;
        " 5 ° Where the offence is not punishable by a custodial
        . Art. 695-19. -For the case referred to in Article 695-18, the surrender shall be given before the court of instruction, judgment or application of the penalties imposed by the person after his surrender and shall be irrevocable
        On the Appearance of the person surrendered, the competent court finds the identity and collects the declarations of that person. The Minutes are drawn up. The person concerned, assisted where appropriate by his lawyer and, where applicable, an interpreter, shall be informed of the legal consequences of his renunciation of the rule of the speciality on his criminal situation and the irrevocable nature of the renunciation Data.
        " If, at the time of appearance, the person surrendered declares that the rule of the specialty has been abandoned, the competent court, after hearing the public prosecutor and the lawyer of the person, shall give notice thereof. The decision specifies the facts for which the renunciation occurred.
        " Art. 695-20. -For the cases referred to in Articles 695-18 and 695-21, the request for consent shall be sent by the public prosecutor to the judicial authority of the executing Member State. It shall contain, under the conditions set out in section 695-14, the information set out in section 695-13.
        " For the case referred to in Article 695-18, it shall be accompanied by a record of the declarations made by the Surrender of the offence for which the consent of the judicial authority of the executing Member State is sought.
        " Art. 695-21. -I.-Where the public prosecutor who issued the European arrest warrant has obtained the surrender of the person sought, that person may not, without the consent of the executing Member State, be surrendered to another Member State for the purpose of enforcement A penalty or a measure of security deprivation of liberty for any fact prior to the surrender and different from the offence that motivated that measure, except in one of the following cases:
        " 1 ° When the person does not benefit from the rule Of the specialty in accordance with the 1 ° to 4 ° of article 695-18;
        " 2 ° Where the person expressly agrees, after his surrender, to be delivered to another Member State under the conditions laid down in Article 695-19;
        " 3 ° Where authority Of the executing Member State, which has surrendered the person, expressly consents to it.
        " II. -Where the public prosecutor who issued a European arrest warrant has obtained the surrender of the person sought, the person may not be extradited to a non-member state of the European Union without the consent of the competent authority of the State Member who delivered it.


        "Section 3



        " Provisions for the execution of a European arrest
        by foreign jurisdictions



        "Paragraph 1



        " Runtime Conditions


        " Art. 695-22. -The execution of a European arrest warrant shall be refused in the following cases:
        " 1. If the facts for which it was issued could be prosecuted and tried by the French courts and the public action is extinguished by Amnesty;
        " 2 ° If the person sought has been the subject of a final decision by the French judicial authorities or those of another Member State, a final decision on the same facts as those of a third country Subject to the European arrest warrant, provided that, in the event of a conviction, the sentence has been executed or is in the course of execution or can no longer be carried out according to the laws of the Sentencing State;
        " 3 ° If the person Sought was under thirteen years of age at the time of the events subject to the European arrest warrant;
        " 4. If the facts for which it was issued could be prosecuted and tried by the French courts and the requirement of Public action or penalty is acquired;
        " 5. If it is established that the said arrest warrant was issued for the purpose of prosecuting or convicting a person on the grounds of sex, race, religion, ethnic origin, Nationality, language, political opinion or sexual orientation, or may be prejudicial to the situation of that person for any of these reasons.
        " Art. 695-23. -The execution of a European arrest warrant is also refused if the fact that the arrest warrant is the subject of the arrest warrant does not constitute an offence under French
        . By way of derogation from the first subparagraph, a European arrest warrant shall be Executed without supervision of the dual criminality of the alleged acts where the acts considered are, according to the law of the issuing Member State, punished with a custodial sentence of more than three years' duration Imprisonment or a custodial security measure of similar duration and enter into one of the following categories of offences:
        " -participation in a criminal organization;
        " -terrorism;
        " -trafficking in persons Humans;
        " -Sexual exploitation of children and child pornography;
        " -illicit trafficking in narcotic drugs and psychotropic substances;
        -illicit trafficking in arms, ammunition and explosives;
        -corruption;
        " - Fraud, including fraud affecting the financial interests of the European Communities within the meaning of the Convention of 26 July 1995 on the protection of the financial interests of the European Communities,
        " -bleaching of the Crime or offense;
        " -counterfeiting, including counterfeiting of the euro;
        " -cybercrime;
        " -crimes and crimes against the environment, including illicit trafficking in endangered animal species and illicit trafficking in species, and Threatened plant species;
        " -aid for irregular entry and stay;
        " -willful homicide, serious assault and injury;
        " -illicit trafficking in human organs and tissues;
        " -kidnapping, kidnapping and hostage-taking ;
        " -racism and xenophobia;
        " -organized or armed robberies;
        " -illicit trafficking in cultural property, including antiques and works of art;
        " -scam;
        " -extortion;
        " -Counterfeiting and piracy of Products;
        " -forgery of administrative documents and false traffic;
        " -forgery of means of payment;
        " -illicit trafficking in hormonal substances and other growth factors;
        -illicit traffic in materials Nuclear and radioactive;
        " -stolen vehicle traffic;
        " -rape;
        " -wilful fire;
        " -crimes and offences under the jurisdiction of the International Criminal Court;
        -hijacking of aircraft or ship;
        " - Sabotage.
        " Where the provisions of the second to thirty-fourth paragraphs are applicable, the legal qualification of the facts and the determination of the penalty shall be the exclusive assessment of the judicial authority of the State Issuing member.
        " In the field of taxes, customs and foreign exchange, the execution of a European arrest warrant cannot be refused on the ground that the French law does not impose the same type of taxes or does not contain the same Type of regulation in respect of taxes, customs and foreign exchange as the law of the issuing Member
        . Art. 695-24. -The execution of a European arrest warrant can be refused:
        " L ° If, for the facts which are the subject of the arrest warrant, the person sought is the subject of proceedings before the French courts or if they have decided not to Not initiate or terminate prosecutions;
        " 2 ° If the person sought for the execution of a sentence or a measure of security deprivation of liberty is of French nationality and the competent French authorities undertake to do so Perform this execution;
        " 3 ° If the facts for which it was issued have been committed, in whole or in part, on French territory;
        " 4. If the offence was committed outside the territory of the issuing Member State and the law French does not authorise the prosecution of the offence when it is committed outside the national
        . Art. 695-25. -Any refusal to execute a European arrest warrant must be justified.


        "Paragraph 2



        " Execution procedure


        " Art. 695-26. -Where the person sought is in a place known in the national territory, the arrest warrant issued by a Member State of the European Union may be sent directly, in original or in a certified copy, by all A means leaving a written record, to the territorially competent attorney general who executes it after ensuring that the request has been lawful. In other cases, the European arrest warrant shall be executed in the light of the transmission carried out under the conditions laid down in the second subparagraph of Article 695-15
        If the Prosecutor General to whom a European arrest warrant has been issued is of the opinion that he Is not territorially competent to act on it, it shall forward it to the territorially competent General Prosecutor and shall inform the judicial authority of the issuing Member
        . The original referred to in the last paragraph of section 695-15 or The certified copy must be received no later than six working days after the date of arrest of the person sought.
        " In the case where the person sought benefits from a privilege or immunity in France, the Attorney General Territorially competent at the request of the competent French authorities without delay. If the French authorities are not competent, the request for a waiver shall be left to the judicial authority of the issuing Member
        . In the case where the person sought has already been handed over to France by a Other State under the protection conferred by the principle of speciality, the competent territorially competent general prosecutor shall take all necessary measures to ensure the consent of that
        . Art. 695-27. -Any person apprehended pursuant to a European arrest warrant must be conducted within forty-eight hours before the competent territorially competent general prosecutor. During this period, the provisions of Articles 63-1 to 63-5 shall apply.
        " After verifying the identity of that person, the Attorney General shall inform him, in a language which he understands, of the existence and content of the arrest warrant The European it is the object of. It also advises that it may be assisted by a lawyer of its choice or, failing that, by a lawyer acting ex officio by the Bar of the Bar Association, informed without delay and by any means. He or she so advises that she may speak to the designated lawyer immediately.
        " Reference to this information shall be made, on pain of nullity of the proceedings, to the
        . Counsel may consult the file on file and communicate Freely with the desired person.
        " The Prosecutor General shall then inform the person sought of his or her ability to consent or to oppose his surrender to the judicial authority of the issuing Member State and the resulting legal consequences Of this consent. It also advises that it may waive the rule of specialty and the legal consequences of this waiver.
        " Art. 695-28. -The Attorney General orders the imprisonment of the person sought at the home where the seat of the Court of Appeal is held in the jurisdiction in which it was apprehended, unless he considers that his representation in all the acts of the Procedure is sufficiently guaranteed.
        " He shall immediately notify the Minister of Justice and provide him with a copy of the arrest warrant.


        "Paragraph 3



        " Appearance Before the statement chamber


        " Art. 695-29. -The hearing room shall be immediately seized of the proceedings. The person sought shall appear before it within five working days from the date of its submission to the Attorney General
        Art. 695-30. -At the time of the appearance of the person sought, the Chamber of the Education shall establish its identity and shall collect its declarations, which shall be recorded in the
        . The hearing shall be public, unless the advertising is likely to interfere with the Proper conduct of the proceedings in progress, the interests of a third party or the dignity of the person. In that case, the Board of Education, at the request of the Public Prosecutor's Office, of the person sought or ex officio, shall decide by a judgment in the Board of Referees which is subject to appeal in cassation only at the same time as the judgment permits Remission under the fourth paragraph of Article 695-31.
        " The public prosecutor and the person sought shall be heard, the latter, if any, assisted by his lawyer and, where appropriate, in the presence of an interpreter
        The Chamber of The Directive may, by means of a decision which is not subject to appeal, authorise the issuing Member State to intervene at the hearing by means of a person authorised by that State to that effect. When the issuing Member State is allowed to intervene, it does not become a party to the procedure.
        " Art. 695-31. -If, at the time of his appearance, the person sought declares consent to his surrender, the Board of Education shall inform him of the legal consequences of his consent and of his irrevocable
        . When the person sought Maintains its consent to surrender, the investigatory chamber asks if it intends to waive the rule of the specialty, having informed it of the legal consequences of such renunciation and its irrevocable nature.
        " If the Chamber of the Directive finds that the legal conditions for the execution of the European Arrest Warrant are fulfilled, it makes a judgment by which it gives notice to the person sought for his consent to be surrendered and, where appropriate, of his Waiver of the rule of specialty and grants remission. The Chamber of the inquiry shall act, unless additional information has been ordered in accordance with the conditions set out in Article 695-33, within seven days of the appearance before it of the person sought. This decision is not subject to appeal.
        " If the person sought declares that he does not consent to his surrender, the Chamber of Education shall decide by a decision within twenty days from the date of its appearance, except where Additional information was ordered under the conditions set out in section 695-33. This decision may be appealed in cassation, by the Attorney General or by the person sought, under the conditions set out in Articles 568-1 and 574-2.
        " Where the person sought benefits from a privilege or immunity In France, the time limits referred to in the third and fourth paragraphs shall begin to run only from the day on which the Chamber of the Directive has been informed of its
        . Where the consent of another State is necessary, in accordance with the Last paragraph of Article 695-26, these periods shall begin to run only from the day on which the Chamber of the Directive has been informed of the decision of that
        . When it is final, the decision of the Chamber of The investigation shall be notified by any means and without delay to the judicial authority of the issuing Member State by the care of the Attorney General
        Art. 695-32. -The execution of the European arrest warrant may be subject to verification that the person sought may:
        " 1 ° Opposition to the judgment rendered in its absence and to be judged by being present, where it has not been cited in the Person or informed of the date and place of the hearing concerning the facts of the European Arrest Warrant;
        " 2 ° To be returned to France, where it is a national, for the purpose of carrying out the sentence possibly imposed by The judicial authority of the issuing State for the facts which are the subject of the European arrest
        . Art. 695-33. -If the Chamber of the Directive considers that the information provided by the Member State of issue in the European Arrest Warrant is insufficient to enable it to rule on the surrender, it requests the judicial authority of that State The provision, within the maximum period of ten days for their receipt, of the necessary additional
        . Art. 695-34. -Release may be requested at any time in the Chamber of Education in the form provided for in Articles 148-6 and 148-7.
        " Counsel for the person sought shall be convened, by registered letter with the request of At least forty-eight hours before the date of the hearing. The Chamber of Education shall act after hearing the public prosecutor's office and the person sought or his counsel, as soon as possible and no later than 15 days after the receipt of the request, by a judgment delivered in the Conditions laid down in Article 199. However, where the person sought has not yet appeared before the Board of Education, the aforesaid time limits shall only begin to run from the first appearance before that
        . The Chamber of Education may Also, when ordering the release of the person sought and as a security measure, obliging the person concerned to submit to one or more of the obligations set out in Article 138
        Prealably upon release, the The person sought must report to the examining magistrate or the head of the penitentiary institution his or her
        . It shall be notified that it must notify the Chamber of the inquiry, by means of a new declaration or by registered letter with Request for receipt, any change to the address declared.
        " It is also advised that any notification or service made to the last declared address will be deemed to be made to the person.
        " Reference to this notice, as well as The declaration of address shall be made either in the minutes or in the document which is sent without delay, in original or in copy, by the prison establishment head to the Chamber of the
        . Art. 695-35. -Release or modification of judicial review may be ordered at any time by the Chamber of inquiry under the conditions laid down in Article 199, either ex officio or on the requisition of the Attorney General, or on request The person sought after the advice of the Attorney General.
        " The Chamber of the Directive shall act within 15 days of its
        . Art. 695-36. -If the person sought is wilfully evading the obligations of judicial review, or if, after having received an unqualified release from the judicial review, it appears that the person is manifestly evading the The execution of a European arrest warrant, the Chamber of inquiry may, on the requisition of the public prosecutor, issue an arrest warrant against
        . When the person concerned has been apprehended, the case must be examined by the Chamber of The instruction as soon as possible and no later than 10 days after it is placed under the nut.
        " The Board of Education shall confirm, where appropriate, the revocation of judicial review and order the detention of the person
        . The The public prosecutor and the person sought shall be heard, the latter, if any, assisted by his lawyer and, where appropriate, in the presence of an interpreter
        Exceeding the period referred to in the second paragraph shall result in the release of Office of the person concerned.


        "Paragraph 4



        " Discount the wanted person


        " Art. 695-37. -The Attorney General shall take the necessary measures to ensure that the person sought is surrendered to the judicial authority of the issuing State no later than 10 days after the date of the final decision of the Chamber of Statement.
        " If the person sought is at liberty when the decision of the Chamber of Investigation authorising the surrender is pronounced, the Prosecutor General may order the arrest of the person concerned and his placement under nut. When the latter has been apprehended, the Attorney General shall give notice of the arrest without delay to the judicial authority of the issuing
        . If the person sought cannot be surrendered within ten days for a case of force The Attorney General shall immediately inform the judicial authority of the issuing State and shall agree with a new date of surrender. The person sought shall be surrendered no later than ten days after the new date so agreed.
        " On expiry of the time limits referred to in the first subparagraph or in the second sentence of the third subparagraph, if the person sought is Still in custody, except for the application of the first paragraph of Article 695-39, it shall be given ex officio.
        " Art. 695-38. -The provisions of Article 695-37 shall not prevent the Board of Education, having ruled on the execution of the European Arrest Warrant, from temporarily holding out for serious humanitarian reasons, in " If the surrender of the person sought is likely to have serious consequences for the person, in particular because of his or her age or
        . The Attorney General immediately informs the judicial authority And agrees with a new delivery date. The person sought is then delivered within ten days of the new agreed date.
        " At the end of that period, if the person sought is still in detention, it shall be, unless the first paragraph of Article 695-39, ex officio surrender.
        " Art. 695-39. -Where the person sought is prosecuted in France or has already been convicted and must serve a sentence there on account of a fact other than that referred to in the European Arrest Warrant, the Chamber of Education may, after ruling on The execution of the arrest warrant, postponing the surrender of the person concerned. The Attorney General immediately notifies the issuing judicial authority.
        " The investigatory chamber may also decide on the temporary surrender of the person sought. The Attorney General shall immediately inform the issuing judicial authority and agree with it, in writing, of the conditions and time limits for the
        . Art. 695-40. -At the time of surrender, the Prosecutor General mentions the length of the detention in the national territory as a result of the execution of a European arrest warrant.


        " Paragraph 5



        "Particular cases


        " Art. 695-41. -Upon the arrest of the person sought, he shall, at the request of the judicial authority of the Member State of issue, enter, in the forms provided for in Article 56, the first two paragraphs of Article 56-1, by the Articles 56-2, 56-3 and 57 and the first paragraph of Article 59, of the objects:
        " 1 ° Who can serve as exhibits, or
        " 2 ° Who was acquired by the person sought for the offence.
        " When it decides on the Surrender of the person sought, the Chamber of the Directive shall order the surrender of the objects seized in application of the 1 ° and 2 °, if any, after ruling on a challenge made under the provisions of the second paragraph of the Article 56-1.
        " This remission may take place even if the European arrest warrant cannot be carried out as a result of the escape or death of the person sought.
        " The Chamber of Education may, if it considers it necessary for criminal proceedings Followed on the national territory, temporarily detain these objects or put them under restitution.
        " However, the rights granted by the French State or third parties to such objects are reserved. If such rights exist, these objects shall be returned as soon as possible and without charge to the French State at the end of the proceedings in the territory of the issuing
        . Art. 695-42. -Where several Member States have issued a European arrest warrant against the same person, whether for the same or for different facts, the choice of the European arrest warrant to be carried out shall be operated by the Chamber of The investigation, if any, after consulting the Eurojust unit, taking into account all the circumstances and, in particular, the seriousness and location of the commission of the offences, the respective dates of the European arrest warrants, and the The warrant of arrest was issued for the prosecution or for the execution of a custodial sentence or security measure.
        " In the event of a conflict between a European arrest warrant and an extradition request submitted by a third State, the Chamber of inquiry may stay proceedings pending receipt of the documents. It shall decide on the priority to be given to the European arrest warrant or to the extradition request having regard to all the circumstances, in particular those referred to in the first subparagraph and those contained in the Convention or the applicable
        . Art. 695-43. -Where, in specific cases and in particular if, as a result of an appeal in cassation, the final decision on the execution of the European arrest warrant cannot be made by the competent judicial authorities within the time limit of 60 days after the arrest of the person sought, the competent territorially competent prosecutor shall immediately inform the judicial authority of the issuing Member State of the reasons for the delay. This period is extended for an additional thirty days.
        " Where, in exceptional circumstances, in particular after a judgment in cassation with reference, the final decision on the execution of the European arrest warrant has not been taken Within the period of ninety days from the date of the arrest of the person sought, the competent territorially competent prosecutor shall inform the Minister of Justice who, in turn, shall notify Eurojust, stating the reasons for the Delay.
        " After a judgment of cassation with reference, the Chamber of inquiry to which the case is referred shall take a decision within 20 days from the date of the judgment of the Court of Cassation. This chamber is aware of any requests for release made by the person sought.
        " Art. 695-44. -Where the European arrest warrant has been issued for the exercise of criminal proceedings, the examining chamber shall accede to any request for the hearing of the person sought by the judicial authority of the issuing Member
        . The person sought may not be heard or questioned, unless the person expressly waives it, in the presence of his or her lawyer or the latter duly called
        Counsel for the person sought shall be convened no later than five working days before The date of the hearing, by registered letter with a request for notice of receipt, fax with receipt or verbally with the file of the proceeding.
        " The hearing of the person concerned shall be conducted, in the presence of an interpreter, By the President of the Chamber of Education, assisted by a person authorised for that purpose by the judicial authority of the issuing Member
        . The minutes of the hearing, which mention these formalities, shall immediately be transmitted to the authority Judicial of the issuing member state.
        " Art. 695-45. -The Chamber of Education may also, where possible and the person sought consents, accept the temporary transfer of the latter in the form provided for in Articles 695-28 and 695-29, first to third Paragraphs of Article 695-30, and the last paragraph of Article 695-31, for the judicial authority of the issuing Member State to send it to attend the hearings concerning
        . The decision is rendered at the hearing. It is immediately enforceable.
        " Art. 695-46. -The Chamber of the Directive, before which the person sought has appeared, has before it any request from the competent authorities of the issuing Member State to consent to the prosecution of other offences Those that were previously committed to and committed to them.
        " The Chamber of inquiry shall also have jurisdiction to decide, after the person sought, on any request from the competent authorities of the Member State In order to consent to the surrender of the person sought to another Member State for the purpose of carrying out a sentence or a measure of security deprivation of liberty for any fact prior to the surrender and different from the offence which has Motivated this metric.
        " In both cases, a record of the declarations made by the person delivered shall also be transmitted by the competent authorities of the issuing Member State and submitted to the Chamber of Education. Such declarations may, where appropriate, be supplemented by observations made by a lawyer of his choice or, failing that, by the Bar of the Bar Association.
        " The Board of Education shall act without recourse after having Ensures that the application also includes the information set out in section 695-13 and, where applicable, has obtained guarantees under the provisions of section 695-32 within 30 days of receipt of the application
        " Consent is given where the conduct for which it is sought is one of the offences referred to in section 695-23, and falls within the scope of section 695-12.
        " Consent is denied for one of the Section 695-22 and 695-23 and may be for one of those referred to in section 695-24.


        "Section 4



        " Transit


        " Art. 695-47. -The Minister of Justice authorizes transit through the French territory of a person sought under a European arrest
        . Where the person sought is a French citizen, the authorization may be Subject to the condition that it is, after having been heard, returned to the national territory for the penalty of deprivation of liberty which may be imposed against it by the judicial authority of the issuing Member State for The facts that are the object of the arrest warrant.
        " Where the person sought is of French nationality and the European arrest warrant has been issued for the execution of a sentence or a measure of custodial security, the transit shall be Denied.
        " Art. 695-48. -The request for a transit authorization shall be accompanied by the following information:
        " -the identity and nationality of the person sought;
        " -indication of the existence of a European arrest warrant;
        ' -nature and the Legal qualification of the offence;
        " -the date, place and circumstances in which the offence was committed and the degree of participation in the person sought.
        " Art. 695-49. -The request for a transit authorization and the information provided for in Article 695-48 shall be transmitted to the Minister of Justice by any means permitting the preservation of a written record. It makes the decision known by the same process.
        " Art. 695-50. -In the event of an accidental landing on the national territory, the issuing Member State shall provide the Minister of Justice with the information provided for in Article 695-48
        Art. 695-51. -The provisions of Articles 695-47 to 695-50 shall apply to transit requests submitted by a Member State of the European Union for the extradition to its territory of a person from a non-Member State of the Union European.


        "Chapter V



        " Extradition


        " Art. 696. -In the absence of an international agreement by stipulating otherwise, the conditions, procedure and effects of extradition shall be determined by the provisions of this Chapter. These provisions also apply to items that would not have been regulated by international conventions.


        "Section 1



        " Extradition


        " Art. 696-1. -No surrender may be made to a foreign government of persons not subject to prosecution or conviction for an offence under this section.
        " Art. 696-2. -The French Government may submit, on their request, to foreign governments, any person who does not have French nationality, who is the subject of a prosecution on behalf of the requesting State or a conviction pronounced by Its courts, is found on the territory of the Republic
        However, extradition is granted only if the offence causes the request:
        " -either in the territory of the requesting State by a national of that State or By a stranger;
        " -outside its territory by a national of that State;
        " -outside its territory by a person who is foreign to that State, where the offence is in the number of those whose French law permits the Prosecution in France, even though they were committed by a foreigner abroad.
        " Art. 696-3. -The facts which may give rise to extradition, whether it be requested or granted, are as follows:
        " 1 ° All acts punishable by criminal penalties by the law of the requesting State;
        " 2 ° Facts punished by punishments In accordance with the law of the requesting State, where the maximum sentence of imprisonment imposed under that Act is equal to or greater than two years, or, if it is a convicted person, when the sentence handed down by the court of the State Applicant is equal to or greater than two months imprisonment.
        " In no case shall the extradition be granted by the French Government if the fact is not punished by the French law of a criminal or correctional
        . The Facts Constituting an attempt or complicity shall be subject to the preceding rules, provided that they are punishable according to the law of the requesting State and the law of the requested
        . If the application is for several offences committed By the person sought and who have not yet been tried, extradition shall be granted only if the maximum penalty imposed, according to the law of the requesting State, for all such offences is equal to or greater than two years Jail.
        " Art. 696-4. -Extradition is not granted:
        " 1 ° Where the person claimed has French nationality, the latter being assessed at the time of the offence for which extradition is required;
        " 2. Where the crime or crime is Political character or when it arises from the circumstances that extradition is requested for political purposes;
        " 3 ° Where crimes or offences have been committed on the territory of the Republic;
        " 4. Where crimes or offences, although Committed outside the territory of the Republic, have been prosecuted and judged definitively;
        " 5 ° Where, according to the law of the requesting State or the French law, the limitation period of the action has been acquired before the application Extradition, or the limitation of the sentence prior to the arrest of the person sought and in general terms whenever the public action of the requesting State is extinguished;
        " 6. Where the fact of extradition has Was requested to be punished by the law of the requesting State or of a security measure contrary to the French public order;
        " 7 ° Where the person sought is tried in the requesting State by a court which does not provide the Fundamental procedural and defence rights safeguards;
        " 8 ° Where the crime or crime constitutes a military offence under Book III of the Code of Military
        . Art. 696-5. -If, for a single offence, extradition is sought concurrently by several States, it is granted in preference to the State against whose interests the offence was directed, or to that in whose territory it was Committed.
        " If the competing claims are due to different infringements, it shall be taken into account, in order to decide the priority, of all factual circumstances and, in particular, of the relative gravity and place of the infringements, of the date The respective applications, of the undertaking which would be taken by one of the requesting States to reextradition.
        " Art. 696-6. -Subject to the exceptions provided for in Article 696-34, extradition shall be granted only on the condition that the person extradited will not be prosecuted or convicted of an offence other than that for which extradition has been committed and before Discount.
        " Art. 696-7. -In the case where a person sought is prosecuted or convicted in France, and where his extradition is requested from the French Government on account of a different offence, the surrender shall be made only after the prosecution has been completed, And, if convicted, after the sentence has been executed.
        " However, this provision does not prevent the person sought to be temporarily sent to appear before the courts of the requesting State, under the Express condition that it will be returned as soon as foreign justice has ruled.
        " The provisions of this Article shall govern the case where the person sought is subject to legal compulsion by application of the provisions of Title VI Book V of this code.


        "Section 2



        " From Common Law Extradition


        " Art. 696-8. -Subject to the provisions of the fourth paragraph, any request for extradition shall be sent to the French Government by diplomatic means and accompanied by either a judgment or a judgment of conviction, even by default, or of an act of Criminal procedure formally or acting as a full right the removal of the person prosecuted before the criminal court, either of a warrant of arrest or of any other act having the same force and awarded by the judicial authority, provided that The latter acts contain the precise indication of the fact for which they are issued and the date of that fact.
        " The above mentioned documents must be produced in original or certified copy.
        " The Requesting Government Must produce at the same time the copy of the law applicable to the act in question. It can attach a statement of the facts of the case.
        " When it comes from a Member State of the European Union, the request for extradition is addressed directly by the competent authorities of that State to the Minister of Justice, who proceeds as he Is described in item 696-9.
        " Art. 696-9. -The request for extradition shall, after verification of the documents, be transmitted, together with the file, by the Minister for Foreign Affairs to the Minister of Justice who, after ensuring that the request has been duly made, the address to the Attorney General Territorially competent. The latter shall transmit it, for execution, to the prosecutor of the territorial competent
        . Art. 696-10. -Any person apprehended as a result of an extradition request must be referred within 24 hours to the prosecutor of the territorially competent Republic. Within that period, it enjoys the rights guaranteed by Articles 63-1 to 63-5.
        " After verifying the identity of that person, that person shall inform him, in a language which he understands, that he is the subject of a request for extradition and that he Shall, within seven days of his presentation to the prosecutor of the Republic, appear before the Prosecutor General territorially
        . Counsel for the Republic also advises that it may be assisted by a lawyer Of his choice or, failing that, by a lawyer acting ex officio by the Bar of the Bar Association, informed without delay and by any means. He or she shall advise him that she will be able to speak to the designated lawyer
        . Reference to this information is made, on pain of nullity of the proceedings, to the minutes, which is immediately transmitted to the Attorney General.
        " The prosecutor of The Republic orders the imprisonment of the person sought, unless it considers that its representation in all proceedings of the proceedings is sufficiently
        . Art. 696-11. -When his or her imprisonment was ordered, the person sought shall be transferred, if necessary, and placed under the traditional nut at the home of the court of appeal in the jurisdiction in which it was apprehended
        The Transfer must take place within four days of the presentation of the person to the public prosecutor of the Republic
        Art. 696-12. -The documents produced in support of the extradition request are transmitted by the Public Prosecutor to the Attorney General. Within the seven-day period referred to in the second paragraph of Article 696-10, the Attorney General shall notify the person sought, in a language which he understands, of the title under which the arrest took place and informs him of his right to consent Or oppose his extradition, as well as the legal consequences resulting from consent to extradition
        Where the person sought has already requested the assistance of a lawyer and the latter has been duly summoned, the Attorney General Shall receive the statements of the Commission and its counsel, which shall be recorded in the
        . In other cases, the judge reminds the person sought his right to choose a lawyer or to request that he be appointed ex officio. The lawyer chosen or, in the case of an application for an ex officio commission, the Bar of the Bar Association shall be informed of this choice by any means and without delay. The lawyer can immediately consult the case and communicate freely with the person sought. The Attorney General shall receive the statements of the person concerned and his counsel, which shall be recorded in the
        . Art. 696-13. -Where the person sought has told the Attorney General to consent to his extradition, the investigatory chamber shall be immediately seized of the proceedings. The person sought shall appear before it within five working days from the date of its submission to the Attorney General
        At the time of the appearance of the person sought, the Chamber of the inquiry shall establish its identity and Collects his returns. Minutes are issued.
        " The hearing shall be public, unless the publicity of the hearing is such as to prejudice the proper conduct of the proceedings in progress, the interests of a third party or the dignity of the person. In that case, the Board of Education, at the request of the Public Prosecutor's Office, of the person sought or ex officio, shall act by a judgment in the Board of the
        . The Public Prosecutor's Office and the person sought are heard, the latter assisted, the Where applicable, counsel and, if applicable, in the presence of an interpreter.
        " Art. 696-14. -If, at the time of his appearance, the person sought declares consent to be extradited and the legal conditions of extradition are fulfilled, the investigatory chamber, after informing the person of the legal consequences of his or her Consent shall be given to him within seven days from the date of his or her appearance unless further information has been ordered.
        " The judgment of the Chamber of inquiry is not subject to appeal.
        ' Art. 696-15. -Where the person sought has told the Prosecutor General not to consent to his extradition, the Chamber of inquiry shall have before it the procedure. The person sought shall appear before it within ten working days from the date of its submission to the Attorney General
        The provisions of the second, third and fourth paragraphs of Article 696-13 shall apply.
        " If, at the time of his appearance, the person claimed declares that he does not consent to be extradited, the Chamber of inquiry shall give its reasoned opinion on the request for extradition. It shall deliver its opinion, unless further information has been ordered, within one month of the appearance before it of the person
        . This opinion is unfavourable if the court is of the opinion that the legal conditions are not Or there is an obvious error.
        " An appeal against an opinion of the Chamber of inquiry may be based only on procedural defects which deprive that opinion of the essential conditions of its legal
        . Art. 696-16. -The investigatory chamber may, by a decision which is not subject to appeal, authorise the requesting State to intervene at the hearing in which the request for extradition is examined, through a person Empowered by the said State to that effect. When the requesting State is allowed to intervene, it does not become a party to the procedure.
        " Art. 696-17. -If the reasoned opinion of the investigatory chamber postpons the request for extradition and that opinion is final, extradition may not be granted.
        The person sought, if not detained for another reason, is then placed Office at Freedom.
        " Art. 696-18. -In cases other than that provided for in Article 696-17, extradition shall be authorised by decree of the Prime Minister taken on the report of the Minister of Justice. If, within one month of the date of notification of that decree to the requesting State, the person sought has not been received by the agents of that State, the person concerned shall be, except in cases of force majeure, released from office and may no longer be claimed For the same cause.
        " The excessive use of power against the decree referred to in the preceding paragraph must, in the absence of foreclosure, be brought within the period of one month. The exercise of an ex gratia remedy against this decree does not interrupt the period of appeal.
        " Art. 696-19. -Release may be requested at any time in the Chamber of Education in the form provided for in Articles 148-6 and 148-7.
        " Counsel for the person sought shall be convened by registered letter with the request of At least forty-eight hours before the date of the hearing. The Chamber of the inquiry shall act after hearing the public prosecutor's office and the person sought or his counsel, as soon as possible and within twenty days of the receipt of the application, by a judgment given in the conditions Under Article 199. If the request for release has been made by the person sought within forty-eight hours of the extraditional nut, the time limit for the hearing shall be reduced to 15 days.
        " The Chamber of The education may also, when ordering the release of the person sought and as a security measure, compel the person concerned to submit to one or more of the obligations set out in Article 138
        Prealably to its The person sought must report to the pre-trial chamber or the head of the penitentiary institution his/her address. It shall be notified that it must notify the Chamber of the Directive, by means of a new declaration or by registered letter with the request for notification of receipt, of any change in the address declared. It is also advised that any notification or service made to the last declared address will be deemed to be made to the person.
        " Reference to this opinion, as well as to the statement of address, shall be referred to either the Minutes or the Document which is sent without delay, either in original or in copy by the head of the penitentiary institution in the Chamber of the
        . Art. 696-20. -The release of judicial review or the modification thereof may be ordered at any time by the Chamber of inquiry under the conditions laid down in Article 199, either ex officio or on the requisition of the Attorney General, or At the request of the person sought after the opinion of the Attorney General
        The Chamber of the inquiry shall act within twenty days of its
        . Art. 696-21. -If the person sought is wilfully evading the obligations of judicial review, or if, after having enjoyed a conditional release from the judicial review, it appears that the person clearly hears the application May, on the requisition of the public prosecutor, grant an arrest warrant against him.
        " When the person concerned has been apprehended, the case must come to the first public hearing or at the latest in the Ten days of its nut.
        " The Board of Education shall confirm, where appropriate, the revocation of judicial review or the release of the person
        . The Public Prosecutor's Office and the person sought are heard. Assisted, where applicable, by his counsel and, where applicable, in the presence of an interpreter.
        " Exceeding the time limit referred to in the second paragraph shall result in the automatic release of the person
        . Art. 696-22. -If the person sought is at liberty when the decision of the government having authorized the extradition is no longer subject to appeal, the Attorney General may order the search and arrest of the person concerned and his placement under Extraditional nut. When he was apprehended, the Attorney General gives notice of the arrest, without delay, to the Minister of
        . The surrender to the requesting State of the person sought shall be made within seven days from the date of the arrest, Otherwise it is automatically released.
        " Art. 696-23. -In the event of an emergency and on the direct request of the competent authorities of the requesting State, the prosecutor of the competent territorial republic may order the provisional arrest of a person sought for the purpose of extradition by that person. State and its placement under extraditional nut.
        " The application for provisional arrest, transmitted by any means of maintaining a written record, shall indicate the existence of one of the documents referred to in Article 696-8 and shall communicate The intention of the requesting State to send an extradition request. It shall contain a brief statement of the facts placed at the expense of the person sought and shall mention, in addition, his identity and nationality, the offence for which extradition will be requested, the date and place where it was committed, and, according to the The amount of the sentence imposed or the sentence imposed and, where applicable, the sentence remaining to be served and, where applicable, the nature and date of the interruptible acts of prescription. A copy of this application shall be sent by the requesting State to the Minister for Foreign
        . The Public Prosecutor gives notice of this arrest, without delay, to the Minister of Justice and the Attorney
        . Art. 696-24. -The person provisionally arrested under the conditions laid down in Article 696-23 shall be released if, within 30 days from the date of his arrest, when the arrest has been made at the request of the competent authorities of the State Applicant, the French Government does not receive any of the documents referred to in section 696-8.
        " If, at a later date, the above-mentioned documents reach the French Government, the procedure shall be resumed in accordance with Articles 696-9 and Following.


        "Section 3



        " From Simplified Extradition Procedure
        between Member States of the European Union


        " Art. 696-25. -In cases where the provisions of this Title relating to the European arrest warrant apply, where a request for provisional arrest for extradition emanates from a State Party to the Convention of 10 March 1995 on the Simplified procedure for extradition between the Member States of the European Union, it shall be carried out in accordance with the provisions of Articles 696-10 and 696-11
        However, in derogation from the provisions of the second paragraph of Article 696-10, the Time limit for the appearance of the person sought shall be fixed at three days; furthermore, the person concerned shall be informed that the person may consent to his extradition in accordance with the simplified procedure provided for in this section
        Art. 696-26. -Within a period of three days from the imprisonment of the person sought, the Attorney General shall, in a language which he understands, notify the latter of the documents under which the arrest took place. He shall inform him that she may consent to his extradition to the Chamber of Education in accordance with the simplified procedure. He also informs him that she may waive the rule of the specialty. Mention of such information shall be made in the minutes, on pain of invalidity of the procedure.
        " The person concerned is entitled to the assistance of a lawyer under the conditions laid down in the second and third paragraphs of Article 696-12.
        " Art. 696-27. -Where the requested person declares to the Prosecutor General consent to his extradition, the person shall appear before the Chamber of the Prosecutor within five working days from the date on which it was presented to the Prosecutor General.
        " Where the person claimed declares that he has not consented to his extradition, he shall be treated as referred to in Articles 696-15 et seq. If a request for extradition has been received by the French
        . Art. 696-28. -Where the person sought appears before the Chamber of Education pursuant to the first paragraph of Article 696-27, the President of the Chamber shall determine his identity and shall collect his declarations, which shall be drawn up Minutes.
        " The President then asks the requested person, after having informed him of the legal consequences of his consent, whether she still intends to consent to his extradition
        Where the person claimed is no longer Consent to extradition, the provisions of the second paragraph of Article 696-27 shall apply.
        " Where the person sought maintains his or her consent to extradition, the Board of Education shall also request that the person Waive the rule of the specialty, having informed it of the legal consequences of such a waiver.
        " The consent of the person sought to be extradited and, where applicable, the waiver of the rule of the specialty are Collected by verbatim records at the hearing. The person claimed is signing it.
        " The hearing shall be public, unless the advertising is such as to interfere with the proper conduct of the proceedings in progress, the interests of a third party or the dignity of the person. In that case, the Board of Education, at the request of the Public Prosecutor's Office, of the person sought or ex officio, shall act by a judgment in the Board of the
        . The Public Prosecutor's Office and the person sought are heard, the latter assisted, the Where applicable, counsel and, if applicable, in the presence of an interpreter.
        " Art. 696-29. -If the Chamber of Education finds that the legal conditions of extradition are fulfilled, it shall render a judgment by which it gives notice to the person sought of his or her formal consent to be extradited and, where appropriate, his or her Waiver of the rule of specialty and grant extradition.
        " The Chamber shall decide within seven days from the date of the appearance before it of the person sought.
        " Art. 696-30. -If the person sought form, within the legal period, an appeal in cassation against the judgment of the Chamber of inquiry granting his extradition, the President of the Criminal Chamber of the Court of Cassation or the adviser delegated by him Shall, within 15 days of the commencement of the appeal, make an order by which it finds that the person sought has so heard that his consent to extradition has been withdrawn and, if so, that the person has waived the Specialty. This order is not subject to appeal.
        " If the person claimed has been the subject of a request for extradition, then it shall be carried out as referred to in Articles 696-15 et seq
        Art. 696-31. -Where the judgment of the Chamber of Investigation grants the extradition of the person sought and that judgment is final, the Attorney General shall notify the Minister of Justice, who shall inform the competent authorities of the requesting State of the Decision.
        " The Minister of Justice shall take the necessary measures to ensure that the person concerned is handed over to the authorities of the requesting State no later than 20 days after the date on which the extradition decision was made Notified.
        " If the person extradited cannot be surrendered within twenty days for a case of force majeure, the Minister of Justice shall immediately inform the competent authorities of the requesting State and agree with them of a new Date of delivery. The person extradited shall be surrendered no later than twenty days after the agreed date.
        " The release shall be ordered if, at the expiration of that twenty-day period, the person extradited is still in the territory of the Republic.
        " The provisions of the preceding paragraph shall not apply in the case of force majeure or if the person extradited is prosecuted in France or has already been convicted and must serve a sentence there because of a fact other than that referred to By extradition request.
        " Art. 696-32. -Release may be requested at any time in the Chamber of Education in accordance with the forms provided for in Articles 148-6 and 148-7. The provisions of Articles 696-19 and 696-20 shall then apply.
        " Art. 696-33. -The provisions of Articles 696-26 to 696-32 shall apply if the person whose provisional arrest has been requested is the subject of an extradition request and consents to be extradited more than 10 days after his arrest and at most Late on the day of his first appearance before the Chamber of Education, seised under the conditions set out in Section 2 of this Chapter, or if the person whose extradition is requested consents to be extradited on or before the day of his or her First appearance before the investigating chamber, entered under the same conditions.


        "Section 4



        " Extradition effects


        " Art. 696-34. -By way of derogation from the provisions of Article 696-6, the rule of specialty shall not apply where the person sought waives it in accordance with the conditions laid down in Articles 696-28 and 696-40 or when the French Government gives its Consent under the conditions of section 696-35.
        " This consent may be given by the French Government, even in the event that the fact, because of the request, would not be one of the offences determined by Article 696-3.
        " Art. 696-35. -In the case where the requesting government requests, for an offence prior to extradition, the authorisation to prosecute or to execute a conviction concerning the individual already surrendered, the opinion of the Chamber of inquiry Before which the person sought had appeared on the sole production of the documents transmitted in support of the new
        . Also transmitted by the foreign government and submitted to the Chamber of Education Exhibits containing representations made by the individual or the statement that he or she intends to make. These explanations may be supplemented by a lawyer chosen by him, or appointed or appointed ex officio.
        " Art. 696-36. -The extradition obtained by the French Government shall be null and void if it has occurred outside the conditions laid down in this
        . Immediately after the imprisonment of the person extradited, the public prosecutor notifies the person That it has the right to request that extradition be declared null and void in the form and time limit provided for in this Article and that it has the right to choose a lawyer or to request that it be designated as an ex officio.
        " The Invalidity shall be pronounced, even of its own motion, by the court of judgment of which the person extradited is responsible after his surrender or, if it is not within the jurisdiction of a court of judgment, by the Chamber of Education. The competent investigating authority shall be, where extradition has been granted for the execution of an arrest warrant issued in an information in progress, that in the jurisdiction where the surrender took
        . The request for a declaration of invalidity The person extradited must, on pain of inadmissibility, be reasoned and to be the subject of a declaration at the Registry of the competent court within ten days of the notice provided for in the second
        . The declaration is the subject of a Minutes signed by the Registrar and by the applicant or his counsel. If the applicant cannot sign, it shall be referred to by the
        . Where the applicant or his lawyer does not reside within the jurisdiction of the competent court, the declaration at the Registry may be made by means of a registered letter with Receiving notification request.
        " Where the applicant is detained, the request may also be made by way of a declaration to the head of the prison. This declaration shall be the subject of a report signed by the head of the prison establishment and by the applicant. If he or she cannot sign, it shall be mentioned by the head of the institution. The minutes shall be sent without delay, in original or in copy and by any means, to the Registry of the court seised
        Art. 696-37. -The courts referred to in Article 696-36 shall be the judges of the qualification given to the facts giving rise to the request for extradition
        Art. 696-38. -In the event that the extradition is annulled, the extradition, if not requested by the requested Government, is released and cannot be resumed, either on the basis of the facts on which the extradition was made, or on the basis of the earlier facts, If, within 30 days after release, he is arrested on French territory.
        " Art. 696-39. -shall be regarded as subject without reservation to the application of the laws of the requesting State, on the basis of any fact prior to the extradition and different from the offence which gave rise to that measure, the person surrendered who has had, for thirty Days after his final release, the possibility of leaving the territory of that
        . Art. 696-40. -When the French Government has obtained the extradition of a person pursuant to the Convention of 27 September 1996 on extradition between the Member States of the European Union, the person so extradited may be prosecuted Or convicted of an offence before surrender, other than that for which extradition has been granted, if it expressly waives, after its surrender, for the benefit of the rule of the specialty under the following
        . Renunciation shall bear On specific facts prior to the surrender. It is irrevocable. It shall be given before the Trial Chamber of the Court of Appeal in the jurisdiction of which the person concerned is imprisoned or has his residence
        At the appearance of the person extradited, which gives rise to a public hearing, the Chamber shall The statement identifies the identity and collects the individual's statements. The Minutes are drawn up. The person concerned, assisted where appropriate by his lawyer and, where applicable, an interpreter, shall be informed by the Chamber of the investigating of the legal consequences of his renunciation of the rule of the speciality on his criminal situation and of the character Irrevocable renunciation granted.
        " If, at the time of his or her appearance, the extradited person declares to waive the rule of the speciality, the investigatory chamber, after hearing the public prosecutor's office and the person's counsel, shall This one. The judgment of the Chamber of inquiry shall specify the facts for which the waiver has occurred.
        ' Art. 696-41. -In the event that the extradition of a foreigner having been obtained by the French Government, the government of a third country, in turn, seeks the extradition of the same individual from the French Government on the basis of a fact earlier than Extradition, other than that found in France, and not related to that fact, the Government shall, where appropriate, defend the request only after securing the consent of the country by which extradition has been granted
        However, this reservation has not No need to be applied where the person extradited has been entitled to leave the French territory for the period laid down in Article 696-39.


        "Section 5



        " Miscellaneous


        " Art. 696-42. -Extradition, by way of transit on French territory or by ships of French maritime services, of a person who does not have French nationality, surrendered by another government is authorized by the Minister of Justice, on request by diplomatic means, with the support of the documents necessary to establish that it is not a political or purely military
        . Such authorisation may be given only to those States which grant, in their territory, The same faculty to the French government.
        " Transport is carried out under the direction of French agents and at the expense of the requesting government.
        " Art. 696-43. -The Trial Chamber which has ruled on the request for extradition shall decide whether or not to transmit, in whole or in part, the titles, values, money or other objects seized to the requesting
        . This discount may have Place, even if the extradition cannot be accomplished, as a result of the escape or death of the individual claimed.
        " The Chamber of the Directive shall order the return of the documents and other objects listed above which do not relate to the imputed fact To the person claimed. It shall decide, where appropriate, on the claims of third-party holders and other entitled
        . Art. 696-44. -In the case of enforcement proceedings abroad, where a foreign government deems it necessary to notify an individual resident on French territory of an act of procedure or of a judgment, the document shall be transmitted according to the Forms provided for in Articles 696-8 and 696-9, accompanied, where appropriate, by a French translation. The meaning is made to no one, at the request of the public prosecutor. The original recording of the notification shall be returned in the same way to the requesting
        . Art. 696-45. -Where, in a criminal case heard abroad, the foreign government deems it necessary to disclose evidence or documents in the hands of the French authorities, the request shall be forwarded according to the Articles 696-8 and 696-9. It shall be followed, unless there are special considerations, and under the obligation to return the documents and documents in the shortest possible
        . Art. 696-46. -When the hearing of a witness resident in France is deemed necessary by a foreign government, the French Government, seized of an application transmitted in the forms provided for in Articles 696-8 and 696-9, commits the French Government to the Summoned to it.
        " Nevertheless, the summons shall be received and served only on the condition that the witness cannot be prosecuted or detained for facts or convictions prior to his or her
        . Art. 696-47. -The sending of detained persons for confrontation shall be requested in the forms provided for in Articles 696-8 and 696-9. The request shall be given, unless there are any specific objection to it, and subject to the return of those detainees as soon as possible. "
        II. -The penultimate paragraph of Article 706-71 of the Code is deleted.

        Article 18


        I. -After Article 568 of the Code of Procedure In criminal cases, an article 568-1 reads as follows: "
        " Art. 568-1. -Where the contested decision is a judgment of a Chamber of Education, acting in accordance with the conditions laid down in the fourth paragraph of Article 695-31, the period of appeal referred to in the first subparagraph of Article 568 shall be reduced to three days Francs.
        " The file shall be transmitted, by any means permitting it to be kept in writing, to the Registry of the Criminal Division of the Court of Cassation within 48 hours of the date of the appeal. "
        II. -After Article 574-1 of the Code, an Article 574-2 reads as follows: '
        ' Art. 574-2. -The Criminal Division of the Court of Cassation seised of an appeal against a judgment referred to in Article 568-1 within the period of forty days from the date of appeal
        The applicant in cassation or his or her lawyer must Shall, within the period of five days from the receipt of the file at the Court of Cassation, file its statement setting out the means of cassation. The transmission of the memory may be effected by any means to preserve a written record.
        " After the expiration of this period, no new means shall be raised by him and shall not be deposited in memory.
        " From the Upon receipt of the submission, the President of the Criminal Chamber shall fix the date of the hearing. "
        III. -In the second paragraph of Article 716-4 of the Code, after the words: Outside France ", are inserted the words:" In execution of a European arrest warrant or ".

        Article 19


        After Article 113-8 of the Criminal Code, an article 113-8-1 reads as follows:
        " Art. 113-8-1. -Without prejudice to the application of Articles 113-6 to 113-8, the French criminal law shall also apply to any crime or offence punishable by at least five years' imprisonment committed outside the territory of the Republic by a foreigner whose The extradition was refused to the requesting State by the French authorities on the grounds, or that the fact that the extradition had been requested was punishable by a penalty or a measure of security contrary to the French public order, or The person claimed would have been tried in the said State by a court which does not provide for the fundamental procedural and protection guarantees of the rights of the defence, or that the fact considered is a political offence.
        " The Prosecution of the offences referred to in the first subparagraph may be carried out only at the request of the public prosecutor. It must be preceded by a formal denunciation, transmitted by the Minister of Justice, of the authority of the country in which the act was committed and which required extradition.

        Article 20


        The Act of 10 March 1927 on Extradition of Foreigners is repealed

      • Chapter III: Provisions on the fight against economic, financial and customs offences and on terrorism, public health and maritime pollution
        • Section 1: Provisions on offences in the field of terrorism Article 21


          I. The title of Title XIII of Book IV of the Code of Criminal Procedure reads as follows: From the Procedure for economic and financial offences ".
          II. -Article 704 of the same code is thus amended:
          1 ° In the first subparagraph, after the word: For ", are inserted the words:" The investigation, " ;
          2 ° 1 °, 2 ° and 3 ° are thus written:
          " 1 ° Offences provided for in Articles 222-38, 223-15 -2, 313-1 and 313-2, 313-6, 314-1 and 314-2, 323-1 to 323-4, 324-1 and 324-2, 432-10 to 432-15, 433-1 and 433-2, 434-9, 435-1 and 435-2, 442-1 to 442-8 and 450-2-1 of the Penal Code;
          " 2 ° Time limits under the trade code;
          " 3 ° Delays provided for by the currency code And financial. " ;
          3 ° 10 °, 14 ° and 16 ° are repealed;
          4 ° The last two paragraphs are replaced by three sub-paragraphs:
          " The territorial jurisdiction of a high court may also be extended to the jurisdiction of several courts Of an appeal for the investigation, prosecution, prosecution and, in the case of offences, the judgment of those offences in cases which are or would appear to be very complex, in particular because of the large number of perpetrators, accomplices or Victims where the geographical spring on which they extend.
          " The jurisdiction of the courts referred to in the first subparagraph and in the preceding paragraph shall extend to related
          . A decree fixes the list and spring of these Courts, which include a section of the Public Prosecutor's Office and specialised training and judgment groups to deal with these offences. "
          III. -After Article 705 of the Code, two Articles 705-1 and 705-2 shall be inserted: '
          ' Art. 705-1. -The Public Prosecutor of the Republic near a court of high instance other than those referred to in Article 704 may, for the offences listed in that article, require the investigating judge to divest itself of the Competent investigating courts pursuant to that article. The parties shall be notified and invited to make their observations known by the examining magistrate; the order shall be issued eight days at the earliest and no later than one month from the date of such
          . When the investigating judge decides To divest itself, its order shall take effect only after the five-day period provided for in Article 705-2; where an appeal is exercised pursuant to that article, the investigating judge shall remain seized until his knowledge is brought to his knowledge The judgment of the Chamber of Education, passed in force or that of the Criminal Division of the Court of Cassation
          As soon as the order has passed res judicres, the prosecutor of the Republic addresses the case of the Procedure to the Prosecutor of the Republic of the High Court now competent.
          " The provisions of this Article shall apply to the Chamber of the
          . Art. 705-2. -The order made pursuant to Article 705 (1) may, with the exclusion of any other remedy, be referred within five days of its notification, at the request of the public prosecutor or of the parties, or in the Chamber of Education if The specialised court for the benefit of which the divestment was ordered or refused is within the jurisdiction of the same Court of Appeal as the court initially seised, or, if not, the criminal court of the Court of Cassation. The investigating judge or the criminal chamber shall, within eight days after the date on which the case is received, designate the investigating judge responsible for the prosecution of the information. The Public Prosecutor's Office may also refer directly to the Trial Chamber or the Criminal Division of the Court of Cassation where the investigating judge has not made an order within the period of one month provided for in the first paragraph of the article 705-1.
          " The judgment of the Chamber of inquiry or of the criminal chamber shall be brought to the attention of the investigating judge and the public prosecutor and notified to the parties
          The provisions of this Article shall apply to the judgment Of the Chamber of the Instruction rendered on the basis of the last paragraph of Article 705-1, the appeal being brought before the Criminal Division. "
          IV. -The first two paragraphs of Article 706 of the same Code are replaced by ten paragraphs so drafted:
          " The functions of a specialized assistant in a court of large instance referred to in Article 704 may be exercised by officials of Category A or B as well as persons holding, in matters defined by decree, a national diploma attesting to training of at least four years of post-baccalaureate education Conditions of access to the public service and justify a minimum professional experience of four years.
          " Specialist assistants undergo mandatory training prior to their entry into office.
          " Specialized wizards Participating in the proceedings under the responsibility of the Magistrates, but not being able to receive delegation of signature, except for requisitions provided for in Articles 60-1, 60-2, 77-1-1, 77-1-2, 99-3 and 99-4.
          " They do all the Tasks assigned to them by magistrates and may include:
          " 1 ° Assisting investigating judges in all acts of information;
          " 2 ° Assisting prosecutors in the exercise of public action;
          " 3 ° Assisting judicial police officers acting on delegation of judges;
          " 4 ° Provide magistrates with summary or analysis documents which may be placed on the proceedings file;
          " 5 ° Implement the right of Communication to the judiciary pursuant to Article 132-22 of the Criminal
          . The Attorney General may ask them to assist the public prosecutor before the court of appeal. "
          V. Article 706-1 of the same code is supplemented by a paragraph worded as follows:
          " The Public Prosecutor of the Republic of France may, for the offences referred to in the preceding paragraph, request the Judge d' instruction to divest itself in favour of the investigating court of the Tribunal de Grande Instance of Paris, under the conditions and in the manner laid down in Articles 705-1 and 705-2. "

          Article 22


          After Article 706-1 of the Code of Criminal Procedure, an article 706-1-1 is inserted as follows:
          " Art. 706-1-1. -The Prosecutor-General close to the Court of Appeal, within the jurisdiction of which a competent court is located pursuant to Article 704, animates and coordinates, in consultation with the other Attorneys General of the inter-regional jurisdiction, the Conduct of public policy for the purposes of this section. "

          Article 23


          I. Article 3 of the Law of 21 May 1836 on the prohibition of lotteries reads as
          : Art. 3. - Violation of these prohibitions is punishable by two years' imprisonment and a fine of 30 000 EUR.
          " The confiscation of games or lotteries is compulsory; their destruction may be ordered by the court
          The People Offences under this Law shall also be subject to the following additional penalties:
          " 1 ° The prohibition of civil, civil and family rights under the conditions laid down in Article 131-26 of the Criminal Code ;
          " 2 ° Confiscation of movable property which has been used directly or indirectly to commit the offence or which is the product of the offence, including the funds or effects exposed to the game or set out in the lottery as well as the furniture or household effects Places are kept or decorated with the exception of objectives that may give rise to restitution.
          " In the case of lotteries of immovable property, the confiscation against the owner of the building made in lottery shall be replaced by a A fine up to the estimated value of this building;
          " 3 ° The posting or dissemination of the decision under the conditions laid down in Article 131-35 of the Criminal Code;
          4 ° The final closure or for a duration of Five years at the most of the establishments or one or more of the establishments of the undertaking having been used to commit the offences.
          " Legal persons may be declared criminally liable under the conditions laid down by the Article 121-2 of the Criminal Code, of the offences described in this Law. The penalties for legal persons are:
          " 1 ° The fine, as provided for in Article 131-38 of the Penal Code;
          " 2. The penalties mentioned in the 4 °, 8 ° and 9 ° of Article 131-39 of the Criminal Code. "
          II. Article 4 of the Act of 21 May 1836 reads as follows:
          " Art. 4. - These penalties shall be incurred by the authors, contractors or agents of French or foreign lotteries prohibited by this Law, or of operations which are assimilated to them.
          " Those who have collected or distributed tickets, those who, By notices, advertisements, posters or any other means of publication, have made known the existence of lotteries prohibited by this Law or facilitated the issuance of the tickets, shall be punished by a fine of EUR 4 500. "
          III. -At the end of article 5 of the Act of 21 May 1836, the words: In prescribed forms by decree of the State Council " Are replaced by the words and a paragraph worded as follows: " By the prefect of the département where the head office of the The beneficiary organisation and, in Paris, by the police prefect.
          " A decree of the Council of State lays down the rules for the application of this derogation. "
          IV. Article 6 of the Act of 21 May 1836 reads as follows:
          " Art. 6. - The provisions of Articles 1 and 2 of this Law are also not applicable to traditional lotos, also called "game chickens," "rifles or" quines, when they are organised in a restricted circle and only for a purpose Social, cultural, scientific, educational, sports or social animation and are characterised by low value, less than EUR 20. These lots cannot, under any circumstances, consist of money or be reimbursed. They may, however, be the provision of non-refundable purchase orders. "
          V.-After section 7 of the Act of May 21, 1836, a section 7-1 reads as follows:
          " Art. 7-1. -Infringinfringements of the provisions of this Law may be found and prosecuted under the conditions laid down in the first and third paragraphs of Article L. 450-1 and Articles L. 450-2, L. 450-3 and L. 450-8 of the Commercial Code. "

          Article 24


          Book VI of the Code of the Judicial Organisation is supplemented by a Title V thus written:


          "TITLE V



          " SPECIALIZED JURISDICTIONS UNDER SECTIONS 704, 706-2 AND 706-75 OF THE CRIMINAL PROCEDURE CODE
          " Art. L. 650-1. -Within each High Court whose territorial jurisdiction is extended to the jurisdiction of one or more courts of appeal pursuant to Articles 704 and 706-75 of the Code of Criminal Procedure, one or more investigating judges appointed by The first President after the opinion of the President of the High Court shall be specifically responsible for information relating to crimes and offences falling within the scope of Articles 704, 706-73, except for the 11 °, or 706-74 of the same Code.
          " One or more prosecutors appointed by the Prosecutor General after the opinion of the Public Prosecutor are specifically responsible for the investigation and prosecution of crimes and offences falling within the scope of the articles 706-73, except for 11 °, or 706-74 of the same code.
          " Art. L. 650-2. -Within each High Court whose territorial jurisdiction is extended to the jurisdiction of one or more courts of appeal pursuant to Articles 704 and 706-75 of the Code of Criminal Procedure, the judges of the seat designated by the first President after the opinion of the President of the High Court shall be responsible for the judgment of offences falling within the scope of Articles 704, 706-73, with the exception of 11 °, or 706-74 of the same code
          Art. L. 650-3. -Within each sitting court whose territorial jurisdiction is extended to the jurisdiction of one or more courts of appeal pursuant to Article 706-75 of the Code of Criminal Procedure, the judges of the seat appointed by the first President In accordance with the provisions of Articles 244 to 253 of the same Code are specifically responsible for the judgment of crimes falling within the scope of Articles 706-73, with the exception of 11 °, or 706-74 of the same code, in cases which are or Would appear to be highly complex.
          " Art. L. 650-4. -Within each Court of Appeal whose territorial jurisdiction is extended to the jurisdiction of one or more courts of appeal pursuant to Articles 704 and 706-75 of the Code of Criminal Procedure, judges of the seat appointed by the first President shall be Specially for the judgment of offences falling within the scope of Articles 704, 706-73, with the exception of 11 °, or 706-74 of the same code
          One or more magistrates of the General Prosecutor's Office appointed by the Attorney General are responsible for Special treatment of cases falling within the scope of Articles 704, 706-73, except for 11 °, or 706-74 of the same code.
          " Art. L. 650-5. -Within each Court of Appeal in which a competent court is located pursuant to Articles 704, 706-2 and 706-75 of the Code of Criminal Procedure, the Attorney General shall lead and coordinate, in consultation with the other Attorneys General The conduct of the public action policy for the application of these articles.

        • Section 2: Provisions for Public Health Offences Article 25


          I. - The title of Title XIII bis of Book IV of the Code of Criminal Procedure reads as follows: The procedure applicable to health offences ".
          II. -Article 706-2 of the same code is thus amended:
          1 ° In the first paragraph of the I, after the word: For ", are inserted the words:" The investigation, " ;
          2 ° After the words: " The code of public health or ", the end of the first paragraph of the I shall read : " To a product intended for the feeding of man or animal or to a product or substance to which the man is permanently exposed and which are regulated by reason of their effects or their dangerousness, which are or would appear to be large Complexity: " ;
          3 ° Before the last paragraph of the I, a paragraph shall be inserted as follows:
          " -offences provided for in the Environmental Code and the Labour Code. " ;
          4 ° The last paragraph of I is replaced by four sub-paragraphs thus written:
          " This skill extends to related offenses.
          " A decree establishes the list and the jurisdiction of those courts, which include a section of the public prosecutor's office and Specialized training and judgment training for these offences.
          " The prosecutor of the Republic, the investigating judge and the specialized correctional training of the courts shall, under the conditions and according to the Article 705, a concurrent jurisdiction to that resulting from the application of Articles 43, 52, 382 and 706-42.
          " The Public Prosecutor of the Republic in a court of large instance other than those referred to in this Article May, for the offences listed above, require the investigating judge, under the conditions and in the manner laid down in Articles 705-1 and 705-2, to surrender to the court of inquiry of the High Court at Territorial jurisdiction by application of this Article. " ;
          5 ° The II is written:
          " II. -Under the conditions and in accordance with the provisions laid down in the second to tenth paragraphs of Article 706, may carry out the duties of a specialist in health matters category A or B officials of the ministers responsible for the Health, research and agriculture, as well as persons holding, in matters defined by decree, a national diploma attesting to training of at least four years of post-baccalaureate education Who meet the conditions of access to the public service and justify a minimum professional experience of four years. "

          Article 26


          After Article 706-2 of the Code of Criminal Procedure, it is inserted an Article 706-2-1 as follows:
          " Art. 706-2-1. -The Prosecutor-General close to the Court of Appeal, within the jurisdiction of which a competent court is located pursuant to Article 706-2, animates and coordinates, in consultation with the other Attorneys General of the inter-regional jurisdiction, the Conduct of public policy for the purposes of this section. "

          Item 27


          I. -Article L. 4122-1 of the Public Health Code is supplemented by a paragraph worded as follows: '
          ' It may, before All courts, exercising all rights reserved to the civil party in respect of acts of direct or indirect harm to the collective interest of the profession of midwife, doctor or dental surgeon, including in the case of Threats or violence committed as a result of belonging to one of these professions. "
          II. -After the third subparagraph of Article L. 4123-1 of the Code, a paragraph shall be inserted as follows: '
          ' It may, before all courts, exercise all rights reserved to the civil party in respect of the acts of direct harm Or indirect to the collective interest of the medical profession, including in the case of threats or violence committed as a result of belonging to one of these professions. "
          III. -In Article L. 4161-4 of the same code, the words: , the councils of the order " Are deleted

        • Section 3: Provisions for acts of terrorism Item 28


          I. -In the second sentence of the first paragraph of Article 706-18 of the Code of Criminal Procedure, after the words " Their observations' shall be inserted in the words' By the investigating judge " And the words: " Eight days at the earliest after this notice " Are replaced by the words: " Eight days at the earliest and no later than one month from this notice ".
          II. -The first paragraph of Article 706-22 of the Code is supplemented by the following sentence:
          " The Public Prosecutor's Office may also refer directly to the Criminal Division of the Court of Cassation where the investigating judge has not rendered his Order within the period of one month provided for in the first paragraph of Article 706-18.

        • Section 4: Provisions for marine pollution offences by discharges from ships Article 29


          Book IV of the Code of Criminal Procedure is supplemented by a Title XXVI:


          "TITLE XXVI



          " OF THE PROCEDURE APPLICABLE FOR THE POLLUTION OF MARITIME WATERS BY
          VESSELS RELEASES " Art. 706-107. -For the investigation, prosecution, prosecution and, in the case of offences, the judgment of the pollution offences of marine waters and of the waterways open to maritime navigation laid down and repressed by sub-section 2 of the section 1 of Chapter VIII of Title I of Book II of the Code of the Environment, which are committed in territorial waters, inland waters and inland waterways, the jurisdiction of a court of high instance may be extended to one or more Multiple invocation courses.
          " The provisions of the first subparagraph shall also apply where the offences referred to in this paragraph, with the exception of that referred to in Article L. 218-22 of the Environment Code, are committed in the zone Exclusive economic or ecological protection zone.
          " However, in cases which are or appear to be highly complex, the Public Prosecutor of the Republic near the High Court referred to in the first subparagraph may Request the examining magistrate, in accordance with the conditions and in the manner laid down in Articles 706-110 and 706-111, to divest itself to the benefit of the Tribunal de grande instance de Paris
          This skill extends to related offenses.
          " A The decree establishes the list and the jurisdiction of these maritime coastal jurisdictions, which include a section of the public prosecutor's office and specialised training and judgment groups to deal with these offences
          Art. 706-108. -For the investigation, prosecution, investigation and judgment of the offences referred to in Article 706-107 committed outside the maritime areas under French jurisdiction on board a French vessel, the competent court of jurisdiction shall be the Paris Large Instance Court.
          " The Tribunal de grande instance de Paris is also competent for the investigation, prosecution, investigation and trial of the offence referred to in article L. 218-22 of the Code of the Environment, as well as the Related offences, where such offences are committed in the exclusive economic zone or in the ecological protection
          . Art. 706-109. -The Prosecutor of the Republic, the investigating judge, the specialized correctional training of the High Court referred to in Article 706-107 shall exercise, throughout the scope of the jurisdiction laid down pursuant to that Article, a Concurrent jurisdiction to that resulting from the application of sections 43, 52, 382 and 706-42.
          " They shall also, under the same conditions, exercise concurrent jurisdiction over that resulting from the following competency criteria:
          " 1 ° Location Registration of the ship, gear or platform or its attachment to customs;
          " 2 ° Place where the ship, gear or platform is or can be found.
          " The specialised court seised shall remain competent, irrespective of the Incriminations held in the settlement or judgment of the case. However, if the facts constitute a breach, the investigating judge shall refer the case to the competent police court under Article 522.
          " Art. 706-110. -The prosecutor of the Republic near a court of large instance other than those referred to in Article 706-107 may, in respect of offences falling within the scope of that article, require the investigating judge to divest itself of the The competent investigating authority pursuant to that Article. The parties shall be notified and invited to make their observations known by the examining magistrate; the order shall be issued eight days at the earliest and no later than one month from the date of such
          . When the investigating judge decides To divest itself, its order shall take effect only after the five-day period laid down in Article 706-111; where an appeal is exercised pursuant to that article, the investigating judge shall remain seized until his knowledge is brought to his knowledge The judgment of the Chamber of Education, passed in force of res judica, or that of the Criminal Division of the Court of Cassation
          As soon as the order has passed res judicres, the prosecutor of the Republic addresses the case of the Procedure to the Public Prosecutor of the Republic in accordance with Article 706-109.
          " The provisions of this Article shall apply to the Chamber of the
          . Art. 706-111. -The order made pursuant to Article 706-110 may, with the exclusion of any other remedy, be referred within five days of its notification, at the request of the public prosecutor or of the parties, or in the Chamber of inquiry If the specialised court for the benefit of which the divestment has been ordered or refused is within the jurisdiction of the court of appeal in which the court initially seised is situated, or, if not, the criminal court of The Court of Cassation. The investigating judge or the criminal chamber shall, within eight days after the date on which the case is received, designate the investigating judge responsible for the prosecution of the information. The Public Prosecutor's Office may also refer directly to the Trial Chamber or the Criminal Division of the Court of Cassation where the investigating judge has not made an order within the period of one month provided for in the first paragraph of the article 706-110.
          " The judgment of the Chamber of inquiry or of the criminal chamber shall be brought to the attention of the investigating judge and the public prosecutor and notified to the parties
          The provisions of this Article shall apply to The judgment of the Chamber of Education rendered on the basis of the last paragraph of Article 706-110, the appeal being brought before the Criminal Chamber. "

          Article 30


          The environment code is thus modified:
          1 ° In sub-section 2 of Section 1 of Chapter VIII of the Title I of Book II shall be inserted before Article L. 218-10, paragraph 1, entitled: Incriminations and penalties " And, before Article L. 218-26, paragraph 2, entitled: Procedure " ;
          2 ° Article L. 218-10 is modified as follows:
          a) Au I, the words: " Four years' imprisonment and EUR 600 000 fine ' Are replaced by the words: " 10 years' imprisonment and 1 000 000 EUR of fine ' ;
          b) It is completed with a III written as follows:
          " III. -The penalty of fines provided for in the I may be extended beyond that amount to an amount equivalent to the value of the ship or to four times the value of the cargo carried or cargo. " ;
          3 ° In the first paragraph of Article L. 218-11, the words: Two years' imprisonment and 180 000 EUR of fine ' Are replaced by the words: " Seven years' imprisonment and EUR 700 000 fine ' ;
          4 ° In Article L. 218-13, the Words: " Double the sentence and " Are deleted;
          5 ° Article L. 218-21 is amended as follows:
          (a) In the first paragraph, after the reference: L. 218-19 " shall be inserted as follows: And L. 218-22 " ;
          (b) In the last paragraph, the Words: " And L. 218-13 to L. 218-19 " Are replaced by references: " , L. 218-13 to L. 218-19 and L. 218-22 " ;
          6 ° Article L. 218-22 is thus amended:
          a) The first paragraph reads as follows:
          " I.-Without prejudice to the penalties foreseen In this subsection in respect of infringements of the rules on discards, the fact, for the master or the person responsible for the conduct or operation on board ships or French or foreign platforms, to cause imprudence, Negligence or failure to comply with the laws and regulations under the conditions laid down in Article 121 (3) of the Criminal Code, a sea accident as defined by the Convention of 29 November 1969 on High Seas in the event of accidents involving or May cause pollution by the oil or not to take the necessary measures to prevent it is punishable when the accident has caused pollution of the territorial waters, inland waters or waterways to the Limit of marine navigation. " ;
          (b) In the second paragraph, the words: " Of penalties equal to one half of those provided for in that Article " Are replaced by the words: " Two years' imprisonment and EUR 200 000 fine ' ;
          (c) In the third paragraph, references: " L. 218-12 and L. 218-13 " Are replaced by the reference: " And L. 218-12 " And the words: " Of penalties equal to one half of those provided for in the said Articles " Are replaced by the words: " One year imprisonment and a fine of EUR 90 000 " ;
          d) After the third subparagraph, the following ten paragraphs shall be inserted:
          " Where the offence is committed by means of a ship or craft falling within the categories set out in Article L. 218-13, it shall be punishable by a fine of EUR 4
          . II. -Where the marine accident referred to in the I has, directly or indirectly, the obvious deliberate violation of a particular safety or security obligation imposed by law or regulation, or as a consequence thereof Irreversible or of a particular severity to the environment, the penalties are:
          " 1 ° Five years' imprisonment and EUR 500 000 fine, where the offence is committed by means of a vessel falling within the categories defined at Article L. 218-10 or a platform;
          " 2 ° Three years' imprisonment and a fine of EUR 300 000, where the offence is committed by means of a ship or craft falling within the categories set out in Articles L. 218-11 and L. 218-12;
          " 3 ° EUR 6 000 fine, where the offence is committed by means of a ship or craft falling within the categories set out in Article L. 218-13.
          " Where the offence is committed by means of a ship falling within the categories defined in the Articles L. 218-10, L. 218-11 and L. 218-12 or a platform, the fine may be extended beyond that amount to an amount equivalent to the value of the ship or twice the value of the cargo or cargo.
          " III. -Where the two circumstances referred to in the first subparagraph of II are met, the penalties shall be
          : 1 ° Seven years' imprisonment and EUR 700 000 fine, where the offence is committed by means of a vessel entering the category Defined in Article L. 218-10;
          " 2 ° Five years' imprisonment and EUR 500 000 fine, where the offence is committed by means of a ship falling within the categories set out in Articles L. 218-11 and L. 218-12
          The fine may be Scope, beyond that amount, to an amount equivalent to the value of the vessel or three times the value of the cargo carried or cargo. " ;
          e) In the fourth paragraph, the words: " Two previous paragraphs " Are replaced by the words: " I and II " And, before the words: " The penalties "shall be inserted as follows:" IV. - " ;
          (f) At the end of the same paragraph, the words: " In the first subparagraph " Are replaced by the words: " To this Article " ;
          (g) At the beginning of the last paragraph, it shall be inserted: V. - " ;
          7 ° Article L. 218-24 is modified as follows:
          (a) At the beginning of the first subparagraph, the reference shall be inserted: ' I. - " ;
          (b) The third paragraph shall be replaced by an II thus written:
          " II. -Natural persons guilty of the offences provided for in this sub-section shall also be subject to the penalty of posting the decision or the posting of the decision in accordance with the conditions laid down in the article. 131-35 of the Penal Code. " ;
          8 ° Article L. 218-25 is modified as follows:
          a) The I is completed with a sentence so written:
          " They shall be liable to a fine in accordance with the provisions laid down in Article 131-38 of the Criminal Code. " ;
          b) The II is written:
          " II. -For the offences defined in Articles L. 218-10 to L. 218-22, they also incur the penalty referred to in Article 131-39 of the Criminal Code. " ;
          9 ° Article L. 218-29 reads as follows:
          " Art. L. 218-29. -The rules on jurisdiction of specialised criminal courts for the offences provided for in this subsection are laid down in Articles 706-107 to 706-111 of the following Code of Criminal
          : Art. 706-107. -For the investigation, prosecution, prosecution and, in the case of offences, the judgment of the pollution offences of marine waters and of the waterways open to maritime navigation laid down and repressed by sub-section 2 of the section 1 of Chapter VIII of Title I of Book II of the Code of the Environment, which are committed in territorial waters, inland waters and inland waterways, the jurisdiction of a court of high instance may be extended to one or more Multiple invocation courses.
          " The provisions of the first subparagraph shall also apply where the offences referred to in this paragraph, with the exception of that referred to in Article L. 218-22 of the Environment Code, are committed in the zone Exclusive economic or ecological protection zone.
          " However, in cases which are or appear to be highly complex, the Public Prosecutor of the Republic near the High Court referred to in the first subparagraph may Request the examining magistrate, in accordance with the conditions and in the manner laid down in Articles 706-110 and 706-111, to divest itself to the benefit of the Tribunal de grande instance de Paris
          This skill extends to related offenses.
          " A The decree establishes the list and the jurisdiction of these maritime coastal jurisdictions, which include a section of the public prosecutor's office and specialised training and judgment groups to deal with these offences
          Art. 706-108. -For the investigation, prosecution, investigation and judgment of the offences referred to in Article 706-107 committed outside the maritime areas under French jurisdiction on board a French vessel, the competent court of jurisdiction shall be the Paris Large Instance Court.
          " The Tribunal de grande instance de Paris is also competent for the investigation, prosecution, investigation and trial of the offence referred to in article L. 218-22 of the Code of the Environment, as well as the Related offences, where such offences are committed in the exclusive economic zone or in the ecological protection
          . Art. 706-109. -The Prosecutor of the Republic, the investigating judge, the specialized correctional training of the High Court referred to in Article 706-107 shall exercise, throughout the scope of the jurisdiction laid down pursuant to that Article, a Concurrent jurisdiction to that resulting from the application of sections 43, 52, 382 and 706-42.
          " They shall also, under the same conditions, exercise concurrent jurisdiction over that resulting from the following competency criteria:
          " 1 ° Location Registration of the ship, gear or platform or its attachment to customs;
          " 2 ° Place where the ship, gear or platform is or can be found.
          " The specialised court seised shall remain competent, irrespective of the Incriminations held in the settlement or judgment of the case. However, if the facts constitute a breach, the investigating judge shall refer the case to the competent police court under Article 522.
          " Art. 706-110. -The prosecutor of the Republic near a court of large instance other than those referred to in Article 706-107 may, in respect of offences falling within the scope of that article, require the investigating judge to divest itself of the The competent investigating authority pursuant to that Article. The parties shall be notified and invited to make their observations known by the examining magistrate; the order shall be issued eight days at the earliest and no later than one month from the date of such
          . When the investigating judge decides To divest itself, its order shall take effect only after the five-day period laid down in Article 706-111; where an appeal is exercised pursuant to that article, the investigating judge shall remain seized until his knowledge is brought to his knowledge The judgment of the Chamber of Education, passed in force of res judica, or that of the Criminal Division of the Court of Cassation
          As soon as the order has passed res judicres, the prosecutor of the Republic addresses the case of the Procedure to the Public Prosecutor of the Republic in accordance with Article 706-109.
          " The provisions of this Article shall apply to the Chamber of the
          . Art. 706-111. -The order made pursuant to Article 706-110 may, with the exclusion of any other remedy, be referred within five days of its notification, at the request of the public prosecutor or of the parties, or in the Chamber of inquiry If the specialised court for the benefit of which the divestment has been ordered or refused is within the jurisdiction of the court of appeal in which the court initially seised is situated, or, if not, the criminal court of The Court of Cassation. The investigating judge or the criminal chamber shall, within eight days after the date on which the case is received, designate the investigating judge responsible for the prosecution of the information. The Public Prosecutor's Office may also refer directly to the Trial Chamber or the Criminal Division of the Court of Cassation where the investigating judge has not made an order within the period of one month provided for in the first paragraph of the article 706-110.
          " The judgment of the Chamber of inquiry or of the criminal chamber shall be brought to the attention of the investigating judge and the public prosecutor and notified to the parties
          The provisions of this Article shall apply to The judgment of the Chamber of Education rendered on the basis of the last paragraph of Article 706-110, the appeal being brought before the Criminal Chamber.

        • Section 5: Provisions for Forest Fire Offences Article 31


          Article 322-5 of the Criminal Code is supplemented by four sub-paragraphs as
          : In the case of fire of wood, forests, moors, maquis, plantations or reforestation of others, the penalties shall be extended to two years' imprisonment and to 30 000 EUR of fine in the case provided for in the first subparagraph, and three years' imprisonment and a fine of EUR 45 000 in the case provided for in the second
          . If the fire occurred under conditions that would expose the persons to a Or to create an irreversible damage to the environment, the penalties shall be brought to three years'imprisonment and a fine of EUR 45 000 in the case provided for in the first subparagraph, and to five years' imprisonment and a fine of EUR 100 000 in the Case provided for in the second paragraph.
          " If the fire caused for another person a total incapacity for work for at least eight days, the penalties shall be increased to five years' imprisonment and a fine of EUR 75 000 in the case provided for by the first Paragraph, and seven years' imprisonment and a fine of EUR 100 000 in the case provided for in the second
          . If it has resulted in the death of one or more persons, the penalties shall be brought to seven years' imprisonment and a fine of EUR 100 000 in the Under the first subparagraph, and ten years' imprisonment and a fine of EUR 150 000 in the case provided for in the second subparagraph. "

          Item 32


          I. Article 322-6 of the Criminal Code is supplemented by a paragraph worded as follows: '
          ' When it is the fire of Woodlands, forests, heathlands, maquis, plantations or reforestation of others in conditions that expose persons to bodily harm or to create irreversible damage to the environment, the penalties shall be 15 years Imprisonment and a fine of EUR 150 000. "
          II. -Article 322-7 of the Code is supplemented by a paragraph worded as follows: '
          ' In the case of fire of wood, forests, heathlands, maquis, plantations or reforestation of others, the penalties shall be extended to 20 years' imprisonment and 200 000 EUR of fine. "
          III. -After the fourth paragraph (3 °) of Article 322-8 of the Code, a paragraph shall be inserted as follows: '
          ' In the case of fire of wood, forests, heathlands, maquis, plantations or reforestation of others, the penalties shall be extended to 30 years Imprisonment and a fine of EUR 200 000. "
          IV. -After the first subparagraph of Article 322-9 of the Code, a paragraph shall be inserted as follows: '
          ' In the case of fire of wood, forests, heathlands, maquis, plantations or reforestation of others, the penalties shall be laid down In perpetuity and at a fine of EUR 200 000.

        • Section 6: Provisions on Customs Offences Article 33


          I. -Article 28-1 The code of criminal procedure is thus amended:
          1 ° The last sentence of the second subparagraph of the I is replaced by eight paragraphs thus written:
          " They are competent to find and see:
          " 1. Offences under the Code of Customs;
          " 2. Offences relating to indirect contributions, fraud on value added tax and thefts of cultural property;
          " 3. Offences relating to the protection of the financial interests of the European Union ;
          " 4. Offences provided for in the decree of 18 April 1939 laying down the regime of war materials, weapons and ammunition;
          " 5. Offences provided for in Articles 324-1 to 324-9 of the Penal Code;
          " 6. Offences provided for in Articles L. 716-9 to L. 716-11 of the Intellectual Property Code;
          " 7. Offences related to the offences referred to in the 1 ° to 6 °. " ;
          2 ° After the word: " Narcotic ", the end of the last paragraph of I shall be deleted;
          3 ° In the first sentence of the first paragraph of II, the words:" And by the decree of 18 April 1939 laying down the regime of war materials, weapons and ammunition " Are deleted;
          4 ° III is repealed;
          5 ° At the end of the first paragraph of VI, after the references: " 54 (second and third subparagraphs) ', the reference shall be inserted: ' , 55-1 ", and references:" 706-28, 706-29 and 706-32 " Are Deleted;
          6 ° The VI is complemented by two sub-paragraphs:
          " The provisions of Articles 100 to 100-7, 122 to 136, 694 to 695-3, 706-28, 706-30-1 and the requisition or letters rogatory to these officers 706-73 to 706-106 apply; where these officers act pursuant to Articles 706-80 to 706-87, they shall also be competent in respect of customs offences for the smuggling of manufactured tobacco, alcohol and spirits and Trade mark infringement, as well as those provided for in Article 415 of the Customs Code and Articles L. 716-9 to L. 716-11 of the Intellectual Property Code. These officers may be assisted by the persons referred to in Articles 706 and 706-2 acting on the delegation of
          . By way of derogation from the rule laid down in paragraph 2 of Article 343 of the Customs Code, action for the application of sanctions May be exercised by the Public Prosecutor for the purposes of applying the provisions of this Article. "
          II. Article 67a of the Customs Code reads as follows: '
          ' Art. 67 bis. -I.-Without prejudice to the application of the provisions of Articles 60, 61, 62, 63, 63 bis, 63 ter and 64, in order to ascertain the customs offences, if the penalty is equal to or greater than two years' imprisonment, the customs officers entitled By the Minister responsible for customs under conditions laid down by decree shall proceed throughout the national territory, after informing the public prosecutor of the Republic and with the exception of that magistrate, of the supervision of persons against There are one or more plausible reasons for suspecting that they are the authors of a customs offence or have participated as accomplices or interested in fraud within the meaning of Article 399.
          " The same provisions apply For the monitoring of the movement or transport of objects, goods or products derived from or used by the commission of such offences.
          " The preliminary information provided for in the first subparagraph shall be given, by any means, according to The case, to the Public Prosecutor of the Republic of the Republic of the Republic of the Republic in the jurisdiction of which the surveillance operations are likely to commence or to the prosecutor of the Republic seized under the provisions of Article 706-76 of the Criminal procedure code.
          " II. -Where the investigation so warrants and in order to ascertain the customs offences relating to the import, export or possession of substances or plants classified as narcotic drugs, manufactured tobacco, alcohol and spirits, and Trade mark infringement, as well as those provided for in Article 415 of this Code and in Articles L. 716-9 to L. 716-11 of the Intellectual Property Code, to identify the perpetrators and accomplices of these offences and those who participated in them as Concerned within the meaning of Article 399 of this Code and to carry out the seizures provided for in this Code, the Public Prosecutor of the Republic may authorise, under his control, an undercover operation under the conditions laid down by the This article.
          " The infiltration consists, for a customs officer specially authorised under conditions laid down by decree, acting under the responsibility of a Category A agent responsible for coordinating the operation, to supervise Persons suspected of committing a customs offence by posing with such persons as one of their co-authors, accomplices or interested in fraud. For this purpose, the customs officer is authorized to use a borrowing identity and to commit the acts mentioned below if necessary. Such acts shall not constitute an incitement to commit offences
          The infiltration is the subject of a report prepared by the Category A agent who coordinated the operation which includes the strictly necessary elements The discovery of the offences and not endanging the security of the undercover agent and the persons required for the purposes of III.
          " III. -Customs officers authorised to carry out an undercover operation may, without being criminally responsible for such acts and on the whole of the national territory:
          " (a) Acquire, hold, transport, deliver or deliver substances, Goods, products, documents or information drawn from the commission of offences;
          " (b) Use or make available to persons engaging in such offences the means of a legal nature and means of transport, of deposit, Hosting, storage, and telecommunication.
          " The exemption from liability provided for in the first subparagraph shall also apply, for acts committed solely for the purpose of carrying out the undercover operation, to the persons required by the Customs agents to enable this operation.
          " IV. -On pain of invalidity, the authorisation given in application of the II shall be issued in writing and shall be specially reasoned.
          ' It refers to the offence (s) that justify the use of this procedure and the identity of the customs officer under the Responsibility for which the operation takes place.
          " This authorisation shall determine the duration of the infiltration operation, which shall not exceed four months. The operation may be renewed under the same formal and duration conditions. The magistrate who authorised the operation may, at any time, order its interruption before the expiration of the fixed term.
          " The authorization is placed on the procedure file after the completion of the infiltration operation.
          " V.-Identity Actual customs officers having performed the infiltration under a loan identity should not appear at any stage of the procedure.
          " The disclosure of the identity of these agents shall be punishable by five years' imprisonment and EUR 75 000 Fine.
          " Where such disclosure has caused violence, beatings and injury to such persons or their spouses, children and direct ascendants, the penalties shall be increased to seven years' imprisonment and to a fine of 100 000
          . Where such disclosure has caused the death of such persons or their spouses, children and direct relatives, the penalties shall be increased to ten years' imprisonment and a fine of EUR 150 000, without prejudice, where appropriate, to the application of the Provisions of Chapter I of Title II of Book II of the Penal
          . VI. -In the event of a decision to suspend the operation or at the end of the period laid down in the decision authorising the operation and in the absence of an extension, the undercover agent may carry on the activities mentioned in III, without being criminally liable, In order to allow it to cease its surveillance under conditions ensuring its safety without this duration exceeding four months. The magistrate issuing the authorisation provided for in the II shall be informed as soon as possible. If, at the end of the four-month period, the undercover officer cannot stop his or her supervision under conditions that ensure his or her safety, this judge shall authorise the extension for a period of not more than four
          . VII. -The customs officer under whose responsibility the undercover operation takes place can only be heard as a witness on the operation.
          " However, if the report referred to in II indicates that the person being examined, or Appearing before the court of judgment is directly challenged by findings made by an agent who has personally carried out the undercover operations, that person may request to be confronted with that agent in The conditions laid down in Article 706-61 of the Code of Criminal
          . The questions posed to the undercover officer during this confrontation shall not have the purpose or effect of revealing, directly or indirectly, his or her True identity.
          " VIII. -Where supervision provided for in the I is to be continued in a foreign state, it is authorised by the public prosecutor. The minutes of execution of the observation or related reports and the authorization to continue the execution in the territory of a foreign State shall be placed on the record of the
          . With the prior consent of the Minister of Judicial authorities seized of a request for mutual legal assistance for this purpose, foreign customs officers may continue on the territory of the Republic, under the direction of French customs officers, undercover operations in accordance with Provisions of this Article. The agreement of the Minister of Justice can be accompanied by conditions. The operation must then be authorized by the Public Prosecutor of the Republic near the Tribunal de Grande Instance of Paris, under the conditions laid down in II.
          " The Minister of Justice can only agree if the foreign agents are assigned In their country to a specialised service and carry out missions similar to those of the specially authorised national agents mentioned in II.
          " With the agreement of the foreign judicial authorities, the foreign customs officers mentioned in the Second paragraph of this VIII may also, in accordance with the provisions of this Article, participate under the direction of French customs officers in infiltration operations conducted on the territory of the Republic in the framework of A national customs procedure.
          " IX. -No conviction shall be imposed on the sole basis of declarations made by customs officers who have carried out an
          . However, the provisions of this IX are not applicable when customs officers File under their true identity. "
          III. -Article 343 of the same Code is supplemented by a paragraph worded as follows: '
          ' In those same procedures, the customs administration shall act in payment of the rights and taxes that are compromised or evaded, as provided for in Article 377 bis. To this end, it shall be informed of the date of the hearing by the competent judicial authority. "
          IV. -Article L. 235 of the book of tax procedures is supplemented by two sub-paragraphs thus written:
          " For cases in which customs officers have been required under Article 28-1 of the Code of Criminal procedure, the public prosecutor exercises public action and action for the application of the tax sanctions. In this case, the provisions of Article L. 248 of this book relating to the right of transaction shall not apply.
          " In those same procedures, the customs administration shall act in payment of the rights and taxes compromised or Evaded, provided for by Article 1804 B of the General Tax Code. "
          V. Article L. 152-4 of the monetary and financial code reads as follows:
          " Art. L. 152-4. -I.-The failure to comply with the reporting obligations laid down in Article L. 152-1 shall be subject to a fine equal to one quarter of the amount on which the infringement or attempted infringement has been carried
          . II. -In the event of a finding of the offence referred to in the I by customs officers, customs officers shall record the total amount of the offence or attempted offence for a period of three months, renewable on authorisation The prosecutor of the Republic of the place of the customs directorate on which the service responsible for the procedure depends, within the limit of six months in total
          The amount recorded shall be entered and the confiscation may be ordered by the court If, during the period of the consignment, it is established that the author of the offence referred to in the I is or has been in possession of objects to presume that he is or has been the author of one or more offences planned and reprimed by the A customs code or participated in or participated in the commission of such offences, or if there are reasonable grounds to believe that the perpetrator of the offence referred to in the I has committed an offence or a number of offences that are prescribed and Customs code or participated in the commission of such offences.
          " The decision not to take place or to relax carries the full right, at the expense of the Consolidated Revenue Fund, to the release of the ordered consignment and seizure measures. The same applies to the termination of the action for the application of the tax sanctions.
          " III. -The search, finding and prosecution of the offences referred to in the I shall be carried out under the conditions laid down by the Customs
          . In the case where the fine provided for in the I is imposed, the 40 % increase mentioned in the first Paragraph of Article 1759 of the General Tax Code is not applied. "
          VI. -The same code is thus amended:
          1 ° 8 of Article L. 562-1 is supplemented by the words: And groups, circles and societies organising games of chance, lotteries, betting, sporting prognostics or hippiques " ;
          2 ° Item L. 564-1 is supplemented by a paragraph worded as follows:
          " Groups, circles and societies organising games of chance, lotteries, betting, sporting prognostics or hippiques are obliged to ensure, through the presentation of any document Probing, the identity of the winning players exceeding an amount fixed by decree and to record the names and addresses of these players, as well as the amount of money they have earned. This data must be kept for five years. "
          VII. -The same code is thus amended:
          1 ° The second and third paragraphs of Article L. 562-2 are supplemented by the following words: Or who could participate in the financing of terrorism " ;
          2 ° In the last sentence of the first paragraph of the article L. 562-4 and in the second sentence of the third paragraph of article L. 562-5, after the word: ", are inserted the words:" Terrorist financing ".
          VIII. -At the end of the penultimate sentence of the first subparagraph of Article L. 562-4 of the Code, the words: Subject to the declaration " Are replaced by the words: " Having been the subject of a declaration referred to in Article L. 562-2 of the examination Article L. 563-3 or any information referred to in Article L. 563-5 ".
          IX. -The last paragraph of Article L. 562-6 of the Code reads as follows: '
          ' Where, on the basis of a declaration made in accordance with Articles L. 562-2, L. 563-1, L. 563-1-1 and L. 563-3 to L. 563-5, the service established in Article L. 562-4 a The financial institution or the person who made the declaration shall inform the public prosecutor, according to modality laid down by decree in the Council of State. "
          X. -In the last sentence of the last paragraph of Article L. 563-5 of the Code, the words: And their public institutions " Are replaced by the words: " , public institutions and bodies referred to in Article L. 134-1 of the Code Financial Jurisdictions "

        • Section 7: Counterfeit Provisions Article 34


          Code of The intellectual property is thus amended:
          I.-Article L. 335-2 is thus amended:
          1 ° At the end of the second subparagraph, the words: Two years' imprisonment and EUR 150 000 fine ' Are replaced by the words: " Three years Imprisonment and EUR 300 000 fine ' ;
          2 ° It is complemented by a paragraph so written:
          " Where the offences provided for in this Article have been committed in an organised band, the penalties shall be increased to five years' imprisonment and 500 000 EUR of fine. "
          II. -Article L. 335-4 is thus amended:
          1 ° In the first subparagraph, the words: Two years' imprisonment and EUR 150 000 fine ' Are replaced by the words: " Three years' imprisonment and EUR 300 000 fine ' ;
          2 ° It is completed By a paragraph so worded:
          " Where the offences provided for in this Article have been committed in an organised band, the penalties shall be increased to five years' imprisonment and a fine of EUR 500 000. "
          III. Article L. 343-1 reads as follows:
          " Art. L. 343-1. -A penalty of three years' imprisonment and a fine of EUR 300 000 for infringing the rights of the producer of a database as defined in Article L. 342-1. When the offence was committed in an organised band, the penalties are brought to five years' imprisonment and a fine of EUR 500 000. "
          IV. -The first paragraph of Article L. 521-4 reads as follows:
          " Any infringement of the rights guaranteed by this book shall be punishable by three years' imprisonment and a fine of EUR 300 000. When the offence was committed in an organised band, the penalties are brought to five years' imprisonment and a fine of EUR 500 000. "
          V.-1 of L. 615-14 reads as follows:
          " 1. There shall be a penalty of three years' imprisonment and a fine of EUR 300 000 for infringement of the rights of the owner of a patent, as defined in Articles L. 613-3 to L. 613-6. When the offence was committed in an organised band, the penalties are brought to five years' imprisonment and a fine of EUR 500 000. "
          VI. Article L. 623-32 reads as follows:
          " Art. L. 623-32. -Infringable infringement of the rights of the holder of a plant variety certificate, as defined in Article L. 623-4, constitutes an offence punishable by a fine of EUR 10 000. In the case of a conviction for the same offence or in the case of an organized crime commission against the defendant in the previous five years, imprisonment for six months may also be pronounced. "
          VII. Article L. 716-9 reads as follows:
          " Art. L. 716-9. -A penalty of four years' imprisonment and a fine of EUR 400 000 for any person, for the purpose of selling, supplying, offering for sale or leasing goods under a counterfeit mark:
          " (a) Import under any regime Customs, export, re-export or tranship of goods presented under a counterfeit mark;
          " (b) To produce industrially produced goods under a counterfeit mark;
          " (c) Give instructions or Orders for the acts referred to in a and b.
          " Where the offences provided for in this Article have been committed in an organised band, the penalties shall be increased to five years' imprisonment and a fine of EUR 500 000. "
          VIII. Article L. 716-10 reads as follows:
          " Art. L. 716-10. -A penalty of three years' imprisonment and a fine of 300 000 EUR for any person:
          " (a) To hold, without lawful reason, to import under any customs regime or to export goods under a counterfeit trademark;
          " (b) Offer for sale or sell goods under a counterfeit mark;
          " (c) To reproduce, imitate, use, affix, delete, modify a trademark, collective mark or collective mark of Certification in violation of the rights conferred by its registration and the prohibitions arising therefrom;
          " (d) knowingly deliver a product or provide a service other than that requested under a registered trademark.
          " The offence, under the conditions laid down in d, is not constituted in the case of an exercise by a pharmacist of the power of substitution provided for in Article L. 5125-23 of the Code of Public
          . Where the offences provided for in the cases have been committed In an organised band, the penalties are brought to five years' imprisonment and a fine of EUR 500 000. "

          Article 35


          Article 225-25 of the Penal Code, after the words:" Of this Chapter, " shall be inserted as follows: , with the exception Article 225-10-1, ".

          Article 36


          In the last sentence of the first paragraph of Article 23 of the Law of 15 July 1845 on the railway police, the words: 3 000 EUR of fine ' Are replaced by the words: " 3 750 euros fine ".

        • Section 8: Measures to combat concealed work Article 37


          I. -After Article 2a of Act No. 95-66 of 20 January 1995 on access to driver activity and Profession of taxi operator, it is inserted an article 2 ter thus written:
          " Art. 2 ter. -The fact of carrying out the specific transport of persons and baggage at the request and for consideration without being the holder of a parking authorization on the public road waiting for customers, or of carrying out the activity of taxi driver Without being the holder of the valid professional card, shall be punished with one year imprisonment and a fine of EUR 15
          . Physical persons guilty of the offence provided for in this section shall also be subject to penalties Follow-on:
          " 1 ° The suspension, for a period of not more than five years, of the driving licence;
          " 2 ° Capital property, for a period of not more than one year, of the vehicle used to commit the offence;
          " 3 ° Confiscation of Vehicle used to commit the offence;
          " 4. The prohibition, for a period of not more than five years, of entering and staying within the confines of one or more airport or port infrastructure, of a train or bus station, or Of their dependencies, without having been previously authorized by the territorially competent police authorities.
          " Legal persons may be declared criminally liable under the conditions laid down in Article 121-2 of the Code. Of the offence defined in this Article.
          " The penalties for legal persons are:
          " 1 ° The fine, as provided for in Article 131-38 of the Penal Code;
          " 2. The penalties mentioned at 8 ° and 9 ° of Article 131-39 of the same Code. "
          II. -The I of Article 23 of Act No. 2003-239 of 18 March 2003 for internal security is supplemented by a 13 ° thus written:
          " 13 ° The prohibition on entering and staying at the premises of one or more airport infrastructures Or port, railway or road station, or their dependencies, without having been previously authorised by the territorially competent police authorities, provided for by the 4 ° of Article 2ter of Act No. 95-66 of 20 January 1995 Relating to access to driver activity and the occupation of taxi operator.

    • Chapter IV: Anti-discrimination provisions
      • Section 1: Measures relating to the suppression of discrimination and infringements of persons or property Having a racist character Article 38


        The first subparagraph of Article 132-76 of the Criminal Code reads as follows: In the Provided by the law, the penalties for a crime or an offence ... (the rest without change). "

        Item 39


        I. -Article 222-18-1 of the Penal Code becomes Article 222-18-2.
        At the 3 ° of the same article, the reference: And 222-18 " Is replaced by references: " , 222-18 and 222-18-1 ".
        II. -After Article 222-18 of the same Code, Article 222-18-1 shall be reinstated as follows: '
        ' Art. 222-18-1. -When committed on the basis of belonging or non-belonging, true or assumed, of the victim to an ethnic group, nation, race or religion, the threats provided for in the first paragraph of Article 222-17 shall be Punishable by two years'imprisonment and a fine of EUR 30 000, those laid down in the second subparagraph of this Article and in the first subparagraph of Article 222-18 shall be punishable by five years' imprisonment and a fine of EUR 75 000, and those provided for in the second subparagraph Article 222-18 shall be punishable by seven years' imprisonment and a fine of EUR 100 000. The same penalties are incurred when these threats are made because of the actual or perceived sexual orientation of the victim. "

        Item 40


        I. -It shall be inserted after the 8 ° of Article 311-4 of the Penal Code, a 9 ° thus written:
        " 9 ° When committed On the basis of belonging or non-belonging, true or assumed, of the victim to an ethnic group, nation, race or religion, or sexual orientation, true or assumed. "
        II. Article 312-2 of the same code shall be supplemented by a 3 ° reading:
        " 3 ° When committed as a result of belonging or non-belonging, true or assumed, of the victim to an ethnic group, nation, race or religion, or His sexual orientation, true or assumed. "

        Item 41


        I. -Article 225-2 of the Penal Code is thus amended:
        1 ° In the first subparagraph, the words: Two years Imprisonment and EUR 30 000 fine ' Are replaced by the words: " Three years' imprisonment and EUR 45 000 fine ' ;
        2 ° It is complemented by a paragraph so written:
        " Where the discriminatory refusal in respect of 1 ° is committed in A place that is open to the public or for the purpose of prohibiting access to it, the penalties are brought to five years' imprisonment and a fine of EUR 75 000. "
        II. -In Article 432-7 of the same code, the words: Three years' imprisonment and EUR 45 000 fine ' Are replaced by the words: " Five years' imprisonment and $75,000 fine ".

        Article 42


        Article 2-1 of the Code of Criminal Procedure is thus amended:
        1 ° The words: " And the destruction, degradation and deterioration of articles 221-1 to 221-4, 222-1 to 222-18 and 322-1 to 322-13 of the Penal Code which were committed " Are replaced by the words: " , threats, theft, extortion and destruction, damage and deterioration that have been committed " ;
        2 ° It is complemented by a paragraph Written:
        " However, where the offence has been committed against a person considered individually, the association shall be admissible in its action only if it justifies having received the agreement of the person concerned or, if the person concerned is Minor, the agreement of the holder of the parental authority or the legal representative, when this agreement can be collected. "

        Article 43


        Article 2-1 of the Code of Criminal Procedure, after the words:" Articles 225-2 and 432-7 of the Penal Code, Inserted the words: " And the establishment or preservation of files reprimed by Article 226-19 of the Code ".

        Article 44


        I. -The 4 ° to 6 ° of Article 131-3 of the Penal Code becomes the 5 ° to 7 ° respectively and the 4 ° of the same article is thus reinstated:
        " 4 ° Citizenship internship; ".
        II. Article 131-5-1 shall be inserted after Article 131-5 of the same Code: '
        ' Art. 131-5-1. -Where an offence is punishable by imprisonment, the court may, at the place of imprisonment, prescribe that the sentenced person shall carry out a traineeship of citizenship, whose terms, duration and content shall be fixed by decree in The purpose of the Council of State is to remind the Council of the republican values of tolerance and respect for the human dignity upon which society is founded. The court shall specify whether this traineeship, the cost of which may not exceed the cost of the third class contracts, shall be paid at the expense of the convicted
        . This penalty shall not be imposed against the accused who refuses or is not At the hearing. "
        III. -Article 131-16 of the Code is supplemented by an 8 ° reading:
        " 8 ° The obligation to perform, if necessary at his own expense, a traineeship of citizenship. "
        IV. Article 132-45 of the Code is supplemented by an 18 ° reading:
        " 18 ° Performs a citizenship internship. "
        V.-Section 131-6 of the same code is modified as follows:
        1 ° The first paragraph reads as follows:
        " Where an offence is punishable by imprisonment, the court may decide, instead of imprisonment, one or more of the Of the following restrictive or custodial sentences: ;
        2 ° It is completed by the 12 ° to 14 ° thus written:
        " 12 ° The prohibition, for a period of not more than three years, to appear in certain places or categories of places determined by Jurisdiction and in which the offence was committed;
        " 13 ° The prohibition, for a period of not more than three years, of frequenting certain convicted persons specially designated by the court, in particular the perpetrators or accomplices of the offence ;
        " 14 ° The prohibition, for a period of not more than three years, to enter into contact with certain persons specially designated by the court, in particular the victim of the offence. "
        VI. Article 131-7 of the Code reads as follows: '
        ' Art. 131-7. -The deprivation or restriction of rights listed in article 131-6 may also be imposed, in place of the fine, for offences which are punished only by a fine. "
        VII. -In the first paragraph of Article 131-8 of the Code, after the word: Prescribe ", are inserted the words:" , instead of imprisonment, ".
        VIII. -The second, third and fourth subparagraphs of Article 131-9 of the Code are replaced by a paragraph worded as follows: '
        ' Where a court pronounces one or more of the penalties provided for in Articles 131-5-1, 131-6 or 131-8, the court may fix The maximum duration of imprisonment or the maximum amount of the fine for which the sentencing judge may order the execution in whole or in part, under the conditions laid down in Article 712-6 of the Code of Criminal Procedure, if Does not comply with the obligations or prohibitions resulting from the sentence or penalties imposed. The President of the court shall notify the sentenced person after the decision has been delivered. Imprisonment or the fine fixed by the court may not exceed the penalties for the offence for which the conviction is imposed or those provided for in Article 434-41 of this Code. Where the provisions of this subparagraph are applied, then the provisions of Article 434-41 shall not apply. "
        IX. -Article 131-11 of the Code is supplemented by a paragraph worded as follows: '
        ' The court may then determine the maximum duration of imprisonment or the maximum amount of the fine for which the sentencing judge may order the In whole or in part, under the conditions laid down in Article 712-6 of the Code of Criminal Procedure, in the event of a violation by the convicted person of the obligations or prohibitions resulting from the penalties imposed pursuant to the provisions of this Article. The President of the court shall notify the sentenced person after the decision has been delivered. Imprisonment or the fine fixed by the court may not exceed the penalties for the offence for which the conviction is imposed, or those provided for in Article 434-41 of this Code. Where the provisions of this subparagraph are applied, the provisions of Article 434-41 shall not apply. "
        X. -Article 222-45 of the Code is supplemented by a 4 ° thus written:
        " 4 ° The obligation to perform a traineeship of citizenship, in accordance with the procedure laid down in Article 131-5-1. "
        XI. Article 225-19 of the Code is supplemented by a 6 ° reading:
        " 6 ° The obligation to perform a traineeship of citizenship, as provided for in Article 131-5-1. "
        XII. -Article 311-14 of the Code is supplemented by a 6 ° thus written:
        " 6 ° The obligation to perform a traineeship of citizenship, as provided for in Article 131-5-1. "
        XIII. -Article 312-13 of the Code is supplemented by a 6 ° thus written:
        " 6 ° The obligation to perform a traineeship of citizenship, as provided for in Article 131-5-1. "
        XIV. -Article 322-15 of the Code is supplemented by a 5 ° thus written:
        " 5 ° The obligation to perform a traineeship of citizenship, in accordance with the procedure laid down in Article 131-5-1. "
        XV. -In the first paragraph of Article 434-41 of the Code, after the words: Ground to motor, " shall be inserted the words: Prohibition to appear in certain places or to meet certain persons, ".
        XVI. -In the first paragraph of Article 434-41 of the Code, after the word: Articles ", it is inserted the reference:" 131-5-1, ".
        XVII. -It is inserted, after Article 20-4 of Order No. 45-174 of 2 February 1945 on childhood delinquency, an article 20-4-1 thus written:
        Art. 20-4-1. -The provisions of Article 131-5-1 of the Criminal Code relating to the sentence of citizenship traineeship apply to minors between thirteen and eighteen years of age. The content of the course is then adapted to the age of the convicted person. The court may not order that the traineeship be carried out at the expense of the minor.

      • Section 2: Provisions for the suppression of racist or xenophobic messages Article 45


        It Is inserted after Article 65-2 of the Act of 29 July 1881 on the freedom of the press, an Article 65-3 worded as
        : Art. 65-3. -For the offences set out in the eighth paragraph of Article 24, Article 24a, the second paragraph of Article 32 and the third paragraph of Article 33, the limitation period laid down in Article 65 shall be extended to one year.

      • Chapter V: Provisions for the Prevention and Punishment of Sexual Offences Article 46


        Section 131-36-1 of the Criminal Code is thus amended:
        1 ° The second subparagraph is supplemented by a sentence so worded:
        " However, in correctional matters, this period may be extended to twenty years by decision When it is a crime punishable by 30 years' imprisonment, that period shall be 30 years; where it is a crime punishable by life imprisonment, the Court of Assize may Decide that the socio-judicial monitoring shall apply without limitation of duration, subject to the possibility for the court of the application of the penalties to terminate the measure after a period of thirty years, in accordance with the procedure laid down in the Article 712-7 of the Code of Criminal Procedure. " ;
        2 ° In the second sentence of the third paragraph, the words: " Two years " Are replaced by the words: " Three years ", and the words: Five Years " Are replaced by the words: " Seven years ".

        Article 47


        The Code of Criminal Procedure is thus modified:
        1 ° Section 706-47-1 becomes item 706-47-2;
        2 ° Section 706-47 becomes item 706-47-1 and The first sentence of its first paragraph reads as follows:
        " Persons prosecuted for one of the offences referred to in Article 706-47 shall be subject, before any judgment, to medical expertise. " ;
        3 ° Item 706-47 is reinstated:
        " Art. 706-47. -The provisions of this Title shall apply to proceedings concerning the offences of murder or murder of a minor preceded or accompanied by rape, torture or acts of barbarism or for offences of aggression or Sexual offences or the use of the prostitution of a minor under Articles 222-23 to 222-31, 225-12-1 and 227-22 to 227-27 of the Penal Code. " ;
        4 ° After object 706-47, it is inserted into a division and a label that reads:


        "Chapter I



        " General "


        5 ° 1 ° Article 706-55 shall be supplemented by the following words: ' Of this Code and the offence provided for in Article 222-32 of the Penal Code ".

        Article 48


        After Article 706-53 of the Code of Criminal Procedure, it is inserted a Chapter II as follows:


        "Chapter II



        " From the national judicial file Automated
        of sex offenders


        " Art. 706-53-1. -The automated national court file of sex offenders constitutes an automated application of personal information held by the criminal record department under the authority of the Minister of Justice and Control A judge. In order to prevent the renewal of the infringements referred to in Article 706-47 and to facilitate the identification of their authors, this treatment shall receive, preserve and communicate to the persons authorised the information provided for in Article 706-53-2 according to The terms and conditions set out in this
        . Art. 706-53-2. -Where they concern, subject to the provisions of the last paragraph of this Article, one or more of the offences referred to in Article 706-47, shall be recorded in the file the information relating to identity as well as The address or successive addresses of the residence and, where applicable, the residences, the persons who have been the object of:
        " 1 ° A conviction, even if not yet final, including a conviction by default or a conviction With an exemption or adjournment of the sentence;
        " 2 ° A decision, even not yet final, pronounced pursuant to Articles 8, 15, 15 -1, 16, 16 bis and 28 of Ordinance No. 45-174 of 2 February 1945 on children Female;
        " 3 ° of a criminal composition provided for by Article 41-2 of this Code, the execution of which has been found by the Public Prosecutor;
        " 4 ° of a decision of non-suit, acquittal or acquittal based on the provisions The first paragraph of Article 122-1 of the Penal Code;
        5 ° An examination accompanied by a judicial review, where the investigating judge ordered the decision to be entered in the file;
        " 6 ° D' une Decision de même Those referred to above by foreign courts or judicial authorities which, pursuant to an international agreement or agreement, have been the subject of an opinion to the French authorities or have been executed in France Following the transfer of convicted persons.
        " The file also includes information about the court decision that justified the registration and the nature of the offence. The decisions mentioned at 1 ° and 2 ° shall be recorded as soon as they are pronounced.
        " Decisions concerning offences under Article 706-47 and punished by imprisonment for a term of less than or equal to five years shall not be recorded in The file, unless that registration is ordered by an express decision of the court or, in the cases provided for by the 3 ° and 4 °, of the prosecutor of the Republic
        Art. 706-53-3. -The prosecutor of the Republic or the competent investigating judge shall make the registration of the information in the file without delay by means of a secure means of telecommunication. However, this information is only accessible in the case of consultation of the file after verification, where possible, of the identity of the data subject, made by the file manager service in view of the national directory Identification.
        " When they are aware of the new address of a person whose identity is recorded in the file and when they receive the justification of the address of such person, the police officers Judicial authorities record this information in the file without delay through a secure means of telecommunication.
        " Art. 706-53-4. -Without prejudice to the application of the provisions of Articles 706-53-9 and 706-53-10, the information referred to in Article 706-53-2 concerning the same person shall be removed from the file upon the death of the person concerned or on expiry, to be counted The day on which all the recorded decisions ceased to produce any effect, of a time limit of:
        " 1 ° 30 years if it is a crime or an offence punishable by ten years' imprisonment;
        " 2 ° 20 years in other cases.
        " Amnesty or The rehabilitation and the rules for the erasing of convictions in the criminal record do not result in the deletion of this information.
        " This information cannot, on their own, serve as evidence of the finding of Recidivism status.
        " The particulars provided for in 1 °, 2 ° and 5 ° of Article 706-53-2 shall be removed from the file in the event of a final decision of non-suit, acquittal or acquittal. Those set out in 5 ° shall also be withdrawn in the event of the termination or release of judicial
        . Art. 706-53-5. -Any person whose identity is registered in the file shall, as a security measure, be required to fulfil the obligations laid down in this Article
        The person is required, either to the file manager, by letter Recommended with the request for a notification of receipt, either from the police station or the gendarmerie from his home, by registered letter with a request for notification of receipt or by submitting to the service:
        " 1 ° To justify its address Times per year;
        " 2 ° Report changes of address within 15 days after this change.
        " If the person has been definitively convicted of a crime or an offence punishable by 10 years' imprisonment, the person must Justify its address once every six months by presenting itself for this purpose to the local gendarmerie group or to the departmental public safety department of his or her home or to any other service designated by the Prefecture.
        " The failure of persons to comply with these obligations to comply with these obligations shall be punishable by two years' imprisonment and a fine of 30 000
        . Art. 706-53-6. -Any person whose identity is registered in the file is informed by the judicial authority, either by notification to person or by registered letter addressed to the last address declared.
        " She is then informed of the Measures and obligations under the provisions of Article 706-53-5 and the penalties incurred in the event of non-compliance with these
        . Where the person is detained, the information provided by the This article is given to him at the time of his final release or before the first measurement of his sentence.
        " Art. 706-53-7. -The information contained in the file is directly accessible via a secure telecommunication system:
        " 1 ° To the judicial authorities;
        " 2 ° To the judicial police officers, within the framework of Proceedings relating to a crime of wilful life, abduction or sequestration, or an offence referred to in Article 706-47 and for the exercise of the due diligence laid down in Articles 706-53-5 and 706-53-8;
        3 ° To prefects and State authorities whose list is laid down by the Decree provided for in Article 706-53-12, for the examination of applications for approval of activities or professions involving contact with minors
        The authorities and persons Referred to in 1 and 2 ° of this Article may examine the file from several criteria laid down in the Decree provided for in Article 706-53-12, and in particular from one or more of the following criteria: identity of the person, addresses Successive, nature of offenses.
        " The persons mentioned in the 3 ° of this article may consult the file only on the basis of the identity of the person concerned by the application for
        . Art. 706-53-8. -According to the arrangements laid down in the decree laid down in Article 706-53-12, the manager of the file shall notify the Ministry of the Interior directly, which shall without delay transmit the information to the relevant police or gendarmerie services, in The case of a new registration or change of address in respect of a registration or where the person has failed to substantiate the address within the required time limits.
        " The police or gendarmerie services can do all Useful checks and all requisitions to public administrations to verify or retrieve the address of the person.
        " If it appears that the person is no longer at the address indicated, the public prosecutor shall do so Enter the wanted people file.
        " Art. 706-53-9. -Any person justifying his or her identity shall obtain, upon request to the Public Prosecutor of the Republic near the High Court in whose jurisdiction it resides, to disclose all information concerning him or her In file.
        " The provisions of the third to fifth paragraphs of Article 777-2 shall apply.
        " Art. 706-53-10. -Any person whose identity is recorded in the file may ask the public prosecutor to rectify or order the erasure of the information concerning him if the information is not accurate or if their preservation No longer appears necessary in view of the purpose of the file, in the light of the nature of the offence, the age of the person in committee, the time elapsed since then and the current personality of the person
        . The Application Shall be inadmissible as long as the entries concerned remain in the criminal record number 1 of the person concerned or relate to a judicial procedure which is still in progress.
        ' If the Public Prosecutor does not order the Rectification or erasure, the person may refer the decision to the judge of liberty and detention for that purpose, the decision of which may be challenged before the President of the Chamber of
        . Before ruling on the request for correction Or erasure, the prosecutor of the Republic, the judge of liberty and detention and the President of the Chamber of Education may carry out all the checks which they consider necessary and in particular order an expert Person's medical. If it is a reference to either a crime or a crime punishable by ten years' imprisonment and committed against a minor, the decision to delete the file cannot be made in the absence of such expertise
        In the case provided by The penultimate paragraph of Article 706-53-5, the Public Prosecutor of the Republic, the Judge of Freedoms and Detention and the President of the Chamber of Education, seized pursuant to the provisions of this Article, may also order, to The request of the person, that they will be required to report to the police or gendarmerie to justify their address once a
        . Art. 706-53-11. -No connection or connection within the meaning of Article 19 of Act No. 78-17 of 6 January 1978 relating to computers, files and freedoms may be made between the file provided for in this Chapter and all Other file or collection of personal data held by any person or by a State department not dependent on the Ministry of Justice.
        " No file or collection of personal data held by any person or by A service of the State not dependent on the Ministry of Justice shall not, out of the cases and under the conditions laid down by law, mention the information contained in the file
        Any infringement of the foregoing provisions shall be punishable by Penalties for the offence provided for in Article 226-21 of the Criminal
        . Art. 706-53-12. -The terms and conditions for the application of the provisions of this Chapter shall be determined by decree in the Council of State after the opinion of the National Commission on Informatics and
        . This Order sets out in particular the Conditions in which the file keeps track of the queries and consultations for which it is the object. "

        Article 49


        Article 706-56 of the Code of Criminal Procedure is thus amended:
        1 ° The I is supplemented by two sub-paragraphs. Written:
        " Where it is not possible to carry out a biological levy on a person referred to in the first subparagraph, the identification of its genetic fingerprint may be made from biological material which may have been Naturally detached from the person's body.
        " In the case of a person convicted of a crime or an offence punishable by ten years' imprisonment, the collection may be effected without the consent of the person concerned on the written requisition of the Public prosecutor. " ;
        2 ° The II is supplemented by a paragraph so written:
        " The fact, for a person who is the subject of a levy, to commit or attempt to carry out manoeuvres intended to substitute the equipment for its own biological material Of a third person, with or without his consent, shall be liable to three years' imprisonment and a fine of EUR 45 000. " ;
        3 ° It is completed by a III so written:
        " III. -Where the offences provided for in this Article are committed by a convicted person, they shall automatically entail the withdrawal of all the reductions of the penalty for which that person has been entitled and prohibit the granting of new offences Remission of sentence. "

        Article 50


        In the first paragraph of Article 521-1 of the Penal Code, after the words:" Serious abuse " shall be inserted as follows: " , or of a sexual nature, ".

    • Chapter VI: Miscellaneous Provisions Article 51


      Article 314-2 of the Code Criminal is completed by a 3 ° and a 4 ° thus written:
      " 3 ° To the prejudice of an association calling on the public for the collection of funds for the purpose of humanitarian or social assistance;
      " 4 ° To the prejudice of a person whose Particular vulnerability, due to age, illness, infirmity, physical or mental impairment, or a state of pregnancy, is apparent or known to the author. "

      Article 52


      Section 36 of the Act of 29 July 1881 is repealed.

      Article 53


      The law of July 2, 1931, amending section 70 of the criminal instruction code is repealed.

      Article 54


      In the first paragraph of Article 121-2 of the Criminal Code, the words: " And in cases provided for by law or regulation " Are deleted.

      Item 55


      I. Article 131-38 of the Criminal Code is supplemented by a paragraph worded as follows: '
      ' When it is a crime for which no penalty is to be imposed Against natural persons, the fine incurred by legal persons is EUR 1 000 000. "
      II. -After the sixth paragraph of Article 706-45 of the Code of Criminal Procedure, it shall be inserted as follows: '
      ' For the obligations set out in 1 and 2 °, the provisions of Articles 142 to 142-3 shall apply. "
      III. -It is inserted, after Article 43 of the Law of 29 July 1881 on the freedom of the press, an article 43-1 thus written:
      " Art. 43-1. -The provisions of Article 121-2 of the Criminal Code shall not apply to offences for which the provisions of Articles 42 or 43 of this Law are applicable. "
      IV. -It is inserted, after Article 93-3 of Law No. 82-652 of 29 July 1982 on audiovisual communication, an Article 93-4 worded as
      : Art. 93-4. -The provisions of Article 121-2 of the Criminal Code shall not apply to offences for which the provisions of Article 93-3 of this Law are applicable. "

      Item 56


      I. -In Article 529-1 of the Code of Criminal Procedure, the words: Within thirty days " Are, on two occasions, Replaced with the words: " Within 45 days ".
      II. -In the second paragraph of Article 529-2 of the Code, the words: Thirty days " Are replaced by the words: " Of forty-five days ".
      III. -In the first paragraph of Article 529-8 of the Code, the words: Within seven days after this shipment " Are replaced by the words: " Within 15 days from this shipment ".
      IV. -In the first paragraph of Article 529-9 of the Code, the words: Before the expiration of the thirty-day period following " Are replaced by the words: " Within 45 days from ".
      V.-Article 529-11 of the same Code Is completed with a sentence so written:
      " This record may be subject to a digital manual signature. "
      VI. -The first paragraph of Article L. 130-9 of the road code is supplemented by a sentence so worded:
      " These findings may be subject to a verbatim record of a digitized manual signature. "

      Article 57


      The I of Article L. 221-2 of the Highway Code reads as follows:
      " I.-Driving a vehicle without any The holder of the driving licence corresponding to the category of the vehicle concerned shall be liable to one year's imprisonment and a fine of EUR 15 000. "

      Article 58


      After Article L. 233-1 of the road code, it is inserted an article L. 233-1-1 thus written:
      " Art. L. 233-1-1. -I.-Where the facts provided for in Article L. 233-1 have been committed in circumstances which directly expose others to a risk of death or injury which may result in mutilation or permanent infirmity, they shall be punished by five years Imprisonment and EUR 75,000 fine.
      " II. -Persons guilty of the offence provided for in this Article also incur the following additional penalties, in addition to those provided for in Article L. 233-1 (2) and (3):
      " 1. The suspension, for a period of not more than five years, of Driver's licence; this suspension cannot be suspended or restricted to conduct outside the professional activity;
      " 2 ° Cancellation of driving licence prohibiting the issuance of a new licence For up to five years;
      " 3 ° Confiscation of one or more vehicles belonging to the convicted person;
      " 4 ° The prohibition on holding or wearing, for a period of not more than five years, a weapon subject to authorisation;
      " 5 ° Confiscation of one or more weapons of which the convicted person is the owner or of which he has the free
      . III. -This offence gives rise to the right to a reduction of half the number of initial points of the driving licence. "

      Article 59


      I. -After Article L. 324-1 of the road code, an Article 324-2 reads as follows: '
      ' Art. L. 324-2. -I.-The fact, including by negligence, of putting or maintaining in circulation a motor vehicle and its trailers or semi-trailers without being covered by insurance to guarantee its civil liability in accordance with Article L. 211-1 of the Insurance Code is punishable by a fine of 3 750
      . II. -Any person guilty of the offence provided for in this Article shall also be liable to the following additional
      : 1 ° Working sentence of general interest, in accordance with the rules laid down in Article 131-8 of the Criminal Code and according to the Conditions under Articles 131-22 to 131-24 of the same code;
      " 2 ° The fine-day penalty under the conditions set out in Articles 131-5 and 131-25 of the Penal Code;
      3. The suspension, for a period of up to three years, of the driver's licence, This suspension cannot be limited to conduct outside the professional activity;
      " 4 ° The cancellation of a driving licence with a ban on the issuance of a new licence for up to three years;
      " 5 ° The prohibition on driving certain motor land vehicles, including those for which driving licences are not required, for a period of not more than five years;
      " 6 ° The obligation to perform, at its own expense, an internship of Road safety awareness;
      " 7 ° The confiscation of the vehicle used by the convicted person to commit the offence, if the offender is the owner.
      " III. -The detention may be prescribed under the conditions laid down in Articles L. 325-1 to L. 325-3. "
      II. -Section 7 of Chapter I of Title I of Book II of the Insurance Code is thus amended:
      1 ° Article L. 211-26 becomes Article L. 211-27;
      2 ° Article L. 211-26 is thus reinstated:
      " Art. L. 211-26. -The provisions of the road code repriming the driving of a motor vehicle without being covered by insurance guaranteeing its civil liability in accordance with the provisions of Article L. 211-1 of this Code are reproduced Below:
      " Art. L. 324-2. -I.-The fact, including by negligence, of putting or maintaining in circulation a motor vehicle and its trailers or semi-trailers without being covered by insurance to guarantee its civil liability in accordance with Article L. 211-1 of the Insurance Code is punishable by a fine of 3 750
      . II. -Any person guilty of the offence provided for in this Article shall also be liable to the following additional
      : 1 ° Working sentence of general interest, in accordance with the rules laid down in Article 131-8 of the Criminal Code and according to the Conditions under Articles 131-22 to 131-24 of the same code;
      " 2 ° The fine-day penalty under the conditions set out in Articles 131-5 and 131-25 of the Penal Code;
      3. The suspension, for a period of up to three years, of the driver's licence, This suspension cannot be limited to conduct outside the professional activity;
      " 4 ° The cancellation of a driving licence with a ban on the issuance of a new licence for up to three years;
      " 5 ° The prohibition on driving certain motor land vehicles, including those for which driving licences are not required, for a period of not more than five years;
      " 6 ° The obligation to perform, at its own expense, an internship of Road safety awareness;
      " 7 ° The confiscation of the vehicle used by the convicted person to commit the offence, if the offender is the owner.
      " III. -The detention may be prescribed under the conditions laid down in Articles L. 325-1 to L. 325-3. "
      III. -The provisions of article L. 324-2 of the code of the road reproduced in the code of insurance are amended in full by the possible modifications of this article.

      Article 60


      I. -After Article L. 325-1 of the road code, an Article L. 325-1-1 is inserted as follows: '
      ' Art. L. 325-1-1. -In the event of a finding of an offence under this Code or the criminal code for which the penalty of confiscation of the vehicle is incurred, the officer or the judicial police officer may, with the prior authorisation of the public prosecutor By any means, carry out the immobilization and impounding of the vehicle.
      " If the court does not order the confiscation of the vehicle, the vehicle shall be returned to its owner, subject to the provisions of the Third paragraph. If the confiscation is ordered, the vehicle shall be returned to the service of the estates for destruction or disposal. The cost of removal and forklift is the responsibility of the purchaser.
      " If the court pronounces the capital punishment of the vehicle, the vehicle shall be returned to the convicted person only after the duration of the detention fixed by the Jurisdiction against payment of the costs of removal and forklift, which are at the expense of the latter.
      " A Council of State decree shall determine, as appropriate, the conditions for the application of this Article. "
      II. -In the last paragraph of Article 131-21 of the Criminal Code, after the word: Typed ", words:" ".

      Article 61


      I. -After Article L. 317-4 of the road code, an Article L. 317-4-1 is inserted as follows: '
      ' Art. L. 317-4-1. -I.-The fact of putting into circulation or circulating a motor vehicle or a trailer with a plate bearing a registration number assigned to another vehicle in circumstances that have determined or could have determined Criminal proceedings against a third party is punishable by seven years' imprisonment and a fine of EUR 30
      . II. -Any person guilty of this offence also incurs the following additional penalties:
      " 1. The suspension, for a period of not more than three years, of the driving licence, which cannot be restricted to driving outside of the Business activity;
      " 2 ° The cancellation of a driving licence with a prohibition of applying for the grant of a new licence for up to three years;
      " 3 ° Confiscation of the vehicle
      III. -This offence gives rise to the right to a reduction of half the maximum number of points in the driver's licence. "
      II. -In the third paragraph (a) of Article 529-10 of the Code of Criminal Procedure, after the words: For theft or destruction of the vehicle " shall be inserted: Or for the offence of registration plate impersonation provided for in Article L. 317-4-1 of the Code Road ".

      Article 62


      The last sentence of the second subparagraph of Article 530 of the Code of Criminal Procedure shall be supplemented by Words: " ; in the latter case, the offender is liable only for an amount equal to the amount of the lump sum penalty if it is paid within forty-five days, which has the effect of cancelling the binding title for the amount of the Mark-up ".

    • TITLE II: PROVISIONS ON PUBLIC ACTION, INQUIRIES, INSTRUCTION, JUDGMENT AND THE APPLICATION OF PEINES
      • Chapter I: Provisions on action Public
        • Section 1: General provisions Article 63


          After Article 29 of the Code of Criminal Procedure, a Chapter Ier bis reading:


          "Chapter Ier bis



          " Seals custody assignments,
          justice minister


          " Art. 30. - The Minister of Justice shall conduct the policy of public action determined by the Government. It shall ensure the consistency of its application on the territory of the Republic
          To this end, it addresses general public prosecutors to the public prosecutor's office.
          " He may report offences to the Attorney General The criminal law of which it is aware, and to order it, by written instructions and placed on the record of the proceedings, to initiate or initiate proceedings or to refer such written requisitions to the competent court as the Minister considers Timely. "

          Article 64


          The first two paragraphs of Article 35 of the Code of Criminal Procedure are replaced by three paragraphs thus drafted :
          " The Attorney General ensures the application of the criminal law throughout the scope of the jurisdiction of the Court of Appeal and the proper functioning of the prosecutors'
          . To this end, it facilitates and coordinates the action of the prosecutors of the Republic And the conduct of public policy by the public prosecutor's offices.
          " Without prejudice to the specific reports it establishes either on the initiative or at the request of the Attorney General, the Public Prosecutor of the Republic Last an annual report on the activity and management of its public prosecutor's office and on the application of the law. "

          Article 65


          Article 36 of the Code of Criminal Procedure reads as follows:
          " Art. 36. - The Attorney General may order the prosecutors of the Republic, by written instructions and placed on the record of the proceedings, to initiate or initiate proceedings or to refer such written requisitions to the competent court That the Attorney General considers appropriate. "

          Article 66


          The second paragraph of Article 37 of the Code of Criminal Procedure is deleted.

          Article 67


          Section 40-1 of the Criminal Procedure Code becomes item 40-4.

          Article 68


          After Article 40 of the Code of Criminal Procedure, Article 40-1 and inserted two Articles 40-2 and 40-3 read as follows:
          " Art. 40-1. -Where it considers that the facts which have been brought to its knowledge pursuant to the provisions of Article 40 constitute an offence committed by a person whose identity and domicile are known and for which there is no provision Legal does not impede the movement of public action, the prosecutor of the territorially competent will decide whether it is appropriate:
          " 1 ° Take action;
          " 2. Either implement a procedure Alternative to prosecution under the provisions of sections 41-1 or 41-2;
          " 3. Either classify the proceedings without further action as long as the special circumstances of the facts commission justify it.
          " Art. 40-2. -The prosecutor of the Republic notifies the complainants and the victims if they are identified, as well as the persons or authorities mentioned in the second paragraph of Article 40, of the prosecution or of alternative measures to the proceedings which have Decided as a result of their complaint or report.
          " When it decides to file the proceedings without further action, it shall also notify them of its decision by indicating the legal or expediency grounds which justify
          . Art. 40-3. -Any person who has complained to the public prosecutor may lodge an appeal with the Attorney General against the decision to proceed without further action as a result of this denunciation. The Prosecutor General may, under the conditions laid down in Article 36, direct the Public Prosecutor of the Republic to prosecute. If he considers the action unfounded, he shall inform the person concerned.

        • Section 2: Provisions on criminal composition and other alternative procedures to prosecution Article 69


          Section 41-1 of the Code of Criminal Procedure is thus amended:
          1 ° In the first subparagraph, the words: Directly or by delegation " Are replaced by the words: " Directly or through a police officer Judicial, a delegate or a mediator of the prosecutor of the Republic " ;
          2 ° In 2 °, after word: " ", are inserted the words:" That measure may consist in the performance by the author of the facts, at his own expense, of a Traineeship or training in a health, social or professional service or organisation, including a traineeship of citizenship; "
          3 ° 5 ° is supplemented by a sentence thus written:
          " In the event of successful mediation, the The Republic or the Ombudsman of the Public Prosecutor of the Republic shall draw up minutes, which shall be signed by himself and by the parties, a copy of which shall be furnished to them; if the author of the facts has committed himself to pay damages to the victim, It may, in the light of these minutes, request the recovery in accordance with the order for payment procedure, in accordance with the rules laid down in the new Code of Civil Procedure. "

          Article 70


          Article 41-1 of the Code of Criminal Procedure is supplemented by a paragraph worded as follows:
          " If there is no execution of Measure because of the conduct of the perpetrator, the prosecutor of the Republic, with the exception of a new element, implements a criminal composition or initiates a prosecution. "

          Item 71


          I. -Article 41-2 of the Code of Criminal Procedure is thus amended:
          1 ° The first to sixth subparagraphs are Replaced by fourteen sub-paragraphs read:
          " The prosecutor of the Republic, as long as the public action has not been put in motion, may propose, directly or through an authorised person, a criminal composition to a A natural person who acknowledges having committed one or more offences punished as the principal penalty of a fine or imprisonment for a term of less than or equal to five years, and, where appropriate, one or more Related contraventions that consist of one or more of the following:
          " 1. To pay a fine of composition to the public treasury. The amount of this fine, which cannot exceed the maximum amount of the fine incurred, shall be determined on the basis of the seriousness of the facts as well as the resources and expenses of the person. The payment may be staggered according to a schedule fixed by the public prosecutor, within a period that cannot be more than one year;
          " 2 ° Divestment to the benefit of the State of the thing that served or was intended for Commit the offence or who is the product of it;
          " 3 ° Return the vehicle for a maximum period of six months for capital purposes;
          " 4 ° Give to the Registry of the High Court the driver's licence for a period of time Up to six months;
          " 5 ° Return to the Registry of the High Court for a licence to hunt for a maximum period of six months;
          " 6. For the benefit of the community, work unpaid for a maximum of sixty Hours, within a time limit that cannot be greater than six months;
          " 7 ° Following an internship or training in a health, social or professional service or organization for a period not exceeding three months within a time limit which cannot be Greater than eighteen months;
          " 8 ° Do not issue, for a period of not more than six months, cheques other than those which permit the withdrawal of funds by the shooter from the shot or those who are certified and do not use payment cards ;
          " 9 ° Do not appear, for a period not exceeding six months, in the place or places in which the offence was committed and which are designated by the public prosecutor of the Republic, with the exception of the places in which the person resides Usually;
          " 10 ° Do not meet or receive, for a period not exceeding six months, the victim (s) of the offence designated by the public prosecutor or not to relate to them;
          " 11 ° Do not To meet or receive, for a period not exceeding six months, the co-authors or possible accomplices appointed by the public prosecutor or not to enter into contact with them;
          " 12 ° Do not leave the national territory and Return the passport for a term not exceeding six months;
          " 13 ° Performs, if applicable at its own expense, a course of citizenship. " ;
          2 ° The twelfth and thirteenth paragraphs are written:
          " If the person does not accept the penal composition or if, after giving his consent, the person fails to implement the measures decided in full, the public prosecutor shall Movement of public action, except new element. In the event of prosecution and conviction, account shall be taken, where appropriate, of the work already performed and the sums already paid by the person
          Acts aimed at the implementation or enforcement of the criminal composition shall be interruptible Prescription of public action. " ;
          3 ° A the third sentence of the fourteenth paragraph, after the words: " The court "shall be inserted the words:" , composed of a single judge exercising the powers conferred on the President, " ;
          4 ° The fourteenth paragraph is supplemented by a sentence Written:
          " The victim also has the possibility, in the light of the validation order, where the author of the facts has made a commitment to pay him damages, to apply for recovery in accordance with the order for payment procedure, In accordance with the rules laid down in the new Code of Civil Procedure. " ;
          5 ° Before the last paragraph, a paragraph shall be inserted as follows:
          " The provisions of this article shall not apply to minors under 18 years of age or in the field of press offences, offences of involuntary homicide or offences Policies. "
          II. -The first two paragraphs of Article 41-3 of the Code read as follows:
          " The criminal composition procedure is also applicable to contraventions.
          " The duration of the deprivation of the driving licence or the hunting permit shall not Exceeding three months, the duration of unpaid work may not exceed thirty hours, within a maximum period of three months, and the duration of the prohibition on the issue of cheques may not exceed three months. The measures provided for in the 9 ° to 12 ° of Article 41-2 shall not apply. The measure provided for in Article 6 (6) shall not apply to tickets of the first class to the fourth class. The same shall apply to the measures provided for in the 2 ° to 5 ° and 8 ° section of this Article, unless the contravention is punishable by the additional penalties referred to in Article 131-16 of the Criminal Code under Article 131-16. "
          III. -The tenth paragraph (5 °) of Article L. 412-8 of the Social Security Code reads as
          : 5 ° Inmates performing criminal work, convicted persons performing work of general interest and persons performing unpaid work In the context of a criminal composition for accidents caused by the fact or on the occasion of this work, under conditions laid down by decree;

        • Section 3: Miscellaneous and coordination provisions Item 72


          I. -The last paragraph of Article 7 of the Code of Criminal Procedure reads as follows:
          " The limitation period for the action Of the crimes referred to in Article 706-47 and committed against minors shall be twenty years and shall begin to run only from the majority of the latter. "
          II. -The second and third subparagraphs of Article 8 of the Code are replaced by a paragraph worded as follows: '
          ' The limitation period for the public action of the offences referred to in Article 706-47 and committed against minors shall be ten years; The offences set out in Articles 222-30 and 227-26 shall be twenty years; these periods shall only begin to run from the majority of the victim. "
          III. -In Article 112-2 of the Criminal Code, the words " , except when they would result in aggravating the situation of the person concerned " Are deleted.

          Article 73


          After Article L. 2211-1 of the General Code of Territorial Communities is inserted two Articles L. 2211-2 and L. 2211-3 thus written:
          " Art. L. 2211-2. -In accordance with the provisions of the second paragraph of Article 40 of the Code of Criminal Procedure, the Mayor shall, without delay, inform the Public Prosecutor of the Republic of the crimes or offences of which he or she becomes aware in the exercise of his or her Functions.
          " The Mayor shall be notified of the action taken in accordance with the provisions of Article 40-2 of the same
          . The prosecutor of the Republic may bring to the knowledge of the mayor or the president of the public institution of cooperation Inter-communal all measures or decisions of justice, civil or criminal, the communication of which appears necessary for the implementation of preventive, follow-up and support actions, initiated or coordinated by the municipal authority or Intercommunal.
          " The provisions of Articles 226-13 and 226-14 of the Penal Code shall apply to the addressees of this information, subject to the exercise of the mission referred to in the preceding
          . Art. L. 2211-3. -Mayors shall be informed without delay by local authorities of the police or gendarmerie of offences causing a serious disturbance to the public order in the territory of their municipality, in accordance with the provisions of Article 11 of the Criminal procedure code. "

          Article 74


          Article 40 of the Code of Criminal Procedure is thus amended:
          1 ° The first sentence of the first subparagraph is Supplemented by the words: " In accordance with the provisions of Article 40-1 ;
          2 ° The second and third sentences of the first paragraph are deleted.

          Item 75


          I. -After Article 48 of the Code of Criminal Procedure, a section 5 reads as follows:


          "Section 5



          " From the office of order Automated National
          of Court Procedures


          " Art. 48-1. -The automated national office of judicial proceedings constitutes an automated application, placed under the control of a magistrate, containing the personal information relating to complaints and complaints received by the courts. The prosecutors of the Republic or the investigating judges and the sequels which have been reserved for them, and which is intended to facilitate the management and monitoring of judicial proceedings by the competent courts, the information of the victims and the Mutual knowledge between the courts of the proceedings concerning the same facts or involving the same persons, in particular in order to avoid double
          . This application is also used to exploit the Information gathered for statistical searches.
          " Data recorded in the national automated office includes:
          " 1 ° The date, place and legal qualification of the facts;
          " 2 ° When they are Known, the name, given name, date and place of birth or the name of the persons involved and the victims;
          " 3 ° Information relating to decisions on public action, the conduct of the inquiry, the judgment procedure And the terms of execution of the penalties;
          " 4 ° Information relating to the legal situation, in the course of proceedings, of the person concerned, prosecuted or
          . Information in the national office Shall be kept, as from the last recorded update, for a period of ten years or, if it is higher, for a period equal to the period of limitation of the public action or, where a conviction has been pronounced, The limitation period of the sentence.
          " Information on the procedures followed by each court shall be recorded under the responsibility, as the case may be, of the prosecutor of the Republic, the investigating judge, the juvenile judge or The judge of the application of the sentences of the court of territorial jurisdiction, by the clerks or empowered persons who assist those magistrates.
          " This information is directly accessible, for the necessities of only The treatment of offences or proceedings before them, by the prosecutors of the Republic, the investigating judges, the judges of the children and the judges of the application of the sentences of all the courts as well as their Registrar or Empowered persons who assist these magistrates.
          " They are also directly accessible to the prosecutors of the Republic and to the investigating judges of the courts referred to in Articles 704, 706-2, 706-17, 706-75, 706-107 and 706-108 For the treatment of all procedures which may be subject to their extended territorial jurisdiction.
          " They are also directly accessible to the Attorneys General for the processing of proceedings before the courts Of the provisions of Articles 35 and 37.
          " Except in the case of non-nominal data used for statistical or information purposes under Article 11-1, the information in the office Automatic national order is only available to the judicial authorities. Where they concern an ongoing investigation or inquiry, the provisions of Article 11 shall apply.
          " A decree in the Council of State, taken after the opinion of the National Commission on Informatics and Freedoms, determines the modalities Of the application of this Article and shall specify in particular the conditions under which interested persons may exercise their right of access. "
          II. -After Article 11 of the same Code, an Article 11-1 reads as follows: '
          ' Art. 11-1. -On the authorisation of the public prosecutor or the investigating judge, as the case may be, may be communicated to the authorities or bodies authorised for that purpose by order of the Minister of Justice, if necessary after the opinion of the Concerned ministers, elements of the judicial proceedings under way in order to carry out scientific or technical investigations or investigations, in particular to prevent the commission of accidents, or to facilitate the compensation of victims Or the taking in charge of the repair of their damage. The agents of these authorities or bodies are then bound by professional secrecy with regard to this information, under the conditions and under the penalties of Articles 226-13 and 226-14 of the Criminal Code. "

          Article 76


          Article 2-15 of the Code of Criminal Procedure is supplemented by a paragraph worded as follows:
          " Any federation Associations, regularly declared for at least five years at the date of the facts and registered with the Ministry of Justice, under conditions laid down by decree in the Council of State, the statutory object of which is the defence of accident victims May exercise the rights granted to the civil party in respect of a collective accident in the circumstances referred to in the first subparagraph, where the public action has been initiated by the public prosecutor or the party Aggrieved.

        • Chapter II: Investigation provisions
          • Section 1: Provisions concerning the filing of complaints, the duration or object of investigations Article 77


            I. Article 15-3 of the Code of Criminal Procedure is supplemented by a paragraph worded as follows: '
            ' Any filing of a complaint is the subject of a record and gives The immediate issue of a receipt to the victim. If requested to do so, a copy of the minutes shall be given to him immediately. "
            II. -The second paragraph of Article 53 of the Code is replaced by two sub-paragraphs as
            : Following the finding of a crime or a flagrant offence, the investigation conducted under the supervision of the prosecutor of the Republic under conditions Under this chapter can continue without discontinuing for eight days.
            " When investigations are necessary for the manifestation of truth for a crime or an offence punishable by a sentence of more than or equal to five years May not be postponed, the Public Prosecutor may decide to extend the investigation for a maximum period of eight days under the same conditions. "
            III. -Article 74 of the Code is supplemented by a paragraph worded as follows: '
            ' The provisions of the first three paragraphs shall also apply in the event of the discovery of a person who is seriously injured when the cause of his injuries is unknown or Suspect. "

            Article 78


            After the fourth paragraph of Article 18 of the Code of Criminal Procedure, a paragraph shall be inserted as follows:
            " With the agreement of the competent authorities of the state concerned, judicial police officers may, on the express request of the investigating judge or on the requisition of the prosecutor of the Republic, conduct hearings on the territory From a foreign state.

          • Section 2: Arrangements for searches and requisitions Item 79


            I. -Article 56 The Code of Criminal Procedure is supplemented by a paragraph worded as follows: '
            ' If they are likely to provide information on seized computer objects, documents and data, the persons present during the search may be The time strictly necessary for the completion of these operations by the judicial police officer. "
            II. -In the last paragraph of Article 76 of the same Code, the word " Forms " Is replaced by the word: " Provisions ".
            III. -In the last paragraph of Article 96 of the Code, after the words: Articles', it shall be inserted the reference: ' 56, ".

            Item 80


            I. Article 60-1 of the Code of Criminal Procedure becomes Article 60-2 and, in the first paragraph of this Article, the words: Who can intervene " Are replaced by the word: " Intervening ".
            II. Article 60-1 of the same code is thus reinstated:
            " Art. 60-1. -The judicial police officer may require any person, institution or private or public authority or any public authority that is likely to hold documents relevant to the investigation, including those from a Computer system or personal data processing, to give it these documents, without being able to oppose it without any legitimate reason, the obligation to professional secrecy. Where requisitions concern persons mentioned in Articles 56-1 to 56-3, the submission of documents may only be made with their consent.
            " With the exception of the persons referred to in Articles 56-1 to 56-3, the To reply as soon as possible to this requisition shall be punished by a fine of EUR 3 750. Legal persons shall be criminally liable, under the conditions laid down in Article 121 (2) of the Penal Code, of the offence provided for in this paragraph. "
            III. -Article 77-1-1 of the same Code becomes Article 77-1-2 and, in the first, second and fourth paragraphs of that Article, the words: Of Article 60-1 " Are replaced by the words: " Section 60-2 ".
            IV. -Article 77-1-1 of the same code is thus reinstated:
            " Art. 77-1-1. -The public prosecutor or, on the authorisation of the latter, the judicial police officer may require any person, institution or private or public body, or any public administration that is likely to be Hold documents relevant to the investigation, including those arising from a computer system or personal data processing, to furnish such documents, without the possibility of any opposition, without any legitimate reason, of the obligation to secrecy Professional. Where requisitions concern persons mentioned in Articles 56-1 to 56-3, the submission of documents may only be made with their consent.
            " In the absence of a reply from the person to the requisitions, the provisions of the second paragraph Of Article 60-1 shall apply.

          • Section 3: Provisions relating to persons called, sought or guarded in the course of the investigation Article 81


            The third paragraph of Article 63-1 of the Code of Criminal Procedure is supplemented by the following words: , if applicable using forms written ".

            Article 82


            I. -The second sentence of the second subparagraph of Article 62 of the Code of Criminal Procedure is replaced by two sentences worded as
            : The judicial police officer may Compel the appearance by force of the persons referred to in section 61. It may also compel the appearance by the public force, with the prior approval of the public prosecutor, of persons who have not responded to a summons to appear or who may be concerned that they are not responding to a Such an invitation. "
            II. -The second sentence of the first paragraph of Article 78 of the Code reads as follows:
            " The judicial police officer may compel the appearance by the public force, with the prior consent of the public prosecutor, the persons Have not responded to a summons to appear or may be concerned that they may not respond to such a summons. "

            Article 83


            After Article 803-1 of the Code of Criminal Procedure are inserted two Articles 803-2 and 803-3 thus written:
            " Art. 803-2. -Any person who has been the subject of a defence at the end of his or her custody at the request of the public prosecutor shall appear on the same day before that judge or, in the event of the opening of the information, before the examining magistrate who is seized of the Procedure. The same shall apply if the person is referred to the investigating judge at the end of a custody order in the course of a rogatory commission, or if the person is brought before a judge in execution of a warrant to bring or
            . Art. 803-3. -Where necessary and by way of derogation from the provisions of Article 803-2, the person may appear on the following day and may be held for that purpose on premises of the specially appointed court, provided that such appearance No later than twenty hours after the day on which the police custody has been lifted, failing which the person concerned is immediately released.
            " Where the provisions of this Article are applied, The person must have the opportunity to feed and, at his or her request, to have one of the persons referred to in section 63-2 be notified by telephone, to be examined by a designated medical practitioner in accordance with the provisions of section 63-3 and to At any time, with a lawyer appointed by or on its own motion, in accordance with the procedure laid down in Article 63-4
            The identity of the persons selected in accordance with the provisions of the first subparagraph, their hours of arrival and Conduct before the magistrate and the application of the provisions of the second paragraph shall be mentioned in a special register kept for that purpose in the premises where those persons are detained and who is supervised, under the supervision of the prosecutor Of the Republic, by officials of the national police or the military of the national
            . The provisions of this Article shall not apply where the person has been the subject of the provisions of Article 706-88, of a police custody which lasted more than seventy-two hours. "

            Article 84


            After Article 803-1 of the Code of Criminal Procedure, an Article 803-4 reads as follows:
            " Art. 803-4. -Where a person prosecuted or convicted by the French courts is arrested outside the national territory in accordance with the provisions on the European arrest warrant or on the extradition or application of a convention , it may declare to the competent foreign authorities that it exercises the remedies provided for in this Code, in particular by forming opposition, appeal or appeal against the decision to which it is subject. In all cases, including in the case of arrest of a person convicted by default in criminal matters, the deadlines for submission, detention or judgment provided for in this Code shall, however, only begin to run as from the date of his surrender or Of his return to the national territory. "

            Article 85


            Article 63-4 of the Code of Criminal Procedure is thus amended:
            1 ° The first sentence of the first subparagraph is thus Written:
            " From the beginning of custody, the person may ask to speak with a lawyer. " ;
            2 ° The sixth paragraph is thus written:
            " Where custody is granted for an extension, the person may also ask to speak with a lawyer at the beginning of the extension, under the terms and conditions In the preceding paragraphs. "

            Item 86


            I. Article 70 of the Code of Criminal Procedure reads as follows:
            Art. 70. - If the necessities of the investigation of a flagrant crime or a flagrant offence punishable by imprisonment for at least three years, the prosecutor of the Republic may, without prejudice to the application of the provisions of Article 73, grant A search warrant against any person against whom there are reasonable grounds for suspecting that the person committed or attempted to commit the offence.
            " For the execution of this mandate, the provisions of article 134 Are applicable. The person discovered under this warrant shall be 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 for investigators Already seized of the facts to be carried on the premises in order to do so themselves, having, if necessary, benefited from an extension of jurisdiction pursuant to Article 18. The prosecutor of the Republic who has granted the search warrant shall be informed at the beginning of the measure; this judge may order that, during the period of custody, the person be taken to the premises of the investigation service seized from the Facts.
            " If the person who has been the subject of the research mandate is not discovered during the course of the investigation and the prosecutor of the Republic requires the opening of information against the person not named, the search warrant shall remain Valid for the conduct of the information, except as reported by the investigating judge. "
            II. -After Article 77-3 of the Code, it shall be inserted an Article 77-4 worded as follows: '
            ' Art. 77-4. -If the necessities of the investigation of a crime or an offence punishable by at least three years' imprisonment require it, the prosecutor of the Republic may grant a search warrant against any person against whom there is one or Several plausible reasons for suspecting that it committed or attempted to commit the offence.
            " The provisions of the second and third paragraphs of Article 70 shall then apply. "

            Article 87


            After Article 74-1 of the Code of Criminal Procedure, an article 74-2 reads as follows:
            " Art. 74-2. -The judicial police officers, assisted where appropriate by the judicial police officers, may, on the instructions of the public prosecutor, proceed with the acts provided for in Articles 56 to 62 for the purpose of seeking and discovering a Fleeing person in the following cases:
            " 1 ° Person subject to an arrest warrant issued by the investigating judge, the judge of liberty and detention, the Chamber of inquiry or the President of the Court or the President of the Court Sitting, when it is referred to a court of judgment;
            " 2 ° Person subject to an arrest warrant issued by a court of judgment or by the judge of the application of the penalties;
            " 3 ° Person sentenced to a Imprisonment without a stay greater than or equal to one year, when that sentence is enforceable or passed in force of res judicu.
            " If the requirements of the investigation to find the person on the flight so require, the judge of freedoms and The detention of the court of large instance may, at the request of the public prosecutor, authorise the interception, recording and transcription of correspondence issued by the telecommunications route in accordance with the procedures laid down in the 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, within the six-month limit on corrections. These operations are carried out under the authority and control of the Justice of Freedoms and
            . For the purposes of the provisions of Articles 100-3 to 100-5, the powers assigned to the investigating judge or the judicial police officer Committed by him or her by the public prosecutor or the judicial police officer required by that
            . The judge of liberty and detention shall be informed without delay of the acts carried out under the preceding paragraph.

          • Chapter III: Statement Provisions Article 88


            Section 668 of the Code Criminal procedure is thus amended:
            1 ° To 1 °, 2 °, 3 °, 4 °, 7 °, 8 ° and 9 °, after the words: " Or his spouse "shall be inserted the words:" Or its partner linked by a civil solidarity pact or its cohabitee " ;
            2 ° First and second Paragraphs of 1 ° after the words: " Of his spouse "shall be inserted the words:" , of its partner bound by a civil pact of solidarity or of its concubin " ;
            3 ° 6 °, after the words: " The spouse "shall be inserted the words:" , its partner Bound by a civil pact of solidarity or its concubin "

        Article 89


        Article 80-3 of the Code of Procedure Criminal is supplemented by a paragraph worded as follows:
        " The notice provided for in the preceding paragraph shall indicate to the victim that it has the right, if it wishes to be a civil party, to be assisted by a lawyer which it may choose or which, at its request, will be Appointed by the Bar Officer of the Bar Association, stating that the costs will be borne by him, unless it fulfils the conditions of access to legal aid or if it has legal protection insurance. Where the investigating judge is informed by the victim that it is a civil party and requests the appointment of a lawyer, the judge shall immediately inform the judge of the order of the lawyers. "

        Item 90


        I. -After Article 90 of the Code of Criminal Procedure, an Article 90-1 reads as follows: '
        ' Art. 90-1. -In criminal matters, when it is a crime against persons provided for in Book II of the Penal Code or in the case of an offence against the property provided for in Book III of the same Code and accompanied by attacks on the person, the judge Notify the civilian part of the state of progress of the information every six months.
        Such notice may be given by simple letter addressed to the civil party and to his counsel, or at the hearing of the civil
        . Where an association of more than one victim has been a civil party in accordance with the provisions of Article 2-15, the opinion shall be given to the only association, which shall be responsible for informing the victims grouped together within it, except Whether these victims also formed an individual civil party. "
        II. Article 175-3 of the Code is repealed.

        Article 91


        After Article 91 of the Code of Criminal Procedure, an Article 91-1 shall be inserted. Thus written:
        " Art. 91-1. -In criminal matters, when it is a crime against persons provided for in Book II of the Penal Code or in the case of an offence against the property provided for in Book III of the same Code and accompanied by attacks on the person, the judge May decide that the civil party is treated as a witness with respect to the payment of allowances. "

        Item 92


        I. -After Article 138 of the Code of Criminal Procedure, Article 138-1 reads as follows: '
        ' Art. 138-1. -Where the person being examined is subject to the prohibition of receiving, or meeting the victim or in any way connected with the victim in accordance with the provisions of Article 138 of Article 138, the investigating judge or The judge of liberty and detention shall give notice to the latter of that measure; if the victim is a civilian, that opinion shall also be addressed to his lawyer
        This notice shall specify the consequences that may result for the Person to review non-compliance with this prohibition. "
        II. Article 144-2 of the same code is thus reinstated:
        " Art. 144-2. -Where an release is ordered by reason of the provisions of Articles 143-1, 144, 144-1, 145-2, 145-3 or 706-24-3, but is liable to put the victim at risk, the court places the person under examination under Judicial review by subjecting it to the prohibition of the receipt or meeting of the victim or to enter into a relationship in any way with the victim in accordance with the provisions of Article 138. The latter shall be notified in accordance with the provisions of Article 138-1. "

        Article 93


        Article 142 of the Code of Criminal Procedure is thus amended:
        1 ° The second sentence of the last subparagraph is thus Written:
        " The investigating judge may, however, decide that the security rights will guarantee in full the payment of the sums provided for in the 2 ° or the other of these sums. " ;
        2 ° It is complemented by a paragraph so written:
        " Where security rights guarantee, in whole or in part, the rights of one or more victims who have not yet been identified or who are not yet constituted civil parties, They are established, under conditions specified by decree in the Council of State, on behalf of a provisional beneficiary acting on behalf of those victims and, where appropriate, from the Consolidated Revenue Fund. "

        Article 94


        The first paragraph of Article 102 of the Code of Criminal Procedure reads as follows:
        " The witnesses are heard, or Separate and apart from the presence of the parties, either in confrontations between them or with either party, by the investigating judge, assisted by his clerk; he shall be drawn up minutes of their statements. "

        Article 95


        I. -Article 113-1 of the Code of Criminal Procedure, after the words: Introductory words ", shall be inserted the words : " Or by an alternate requisition ".
        II. -The second sentence of the first paragraph of Article 113-2 of the Code is supplemented by the following words: ; if the person is named in a complaint with a civil party complaint, the person shall be notified of that right when he or she appears before the Investigating judge ".
        III. -Article 113-3 of the same Code is thus amended:
        1 ° The second sentence of the first subparagraph shall be deleted;
        2 ° It shall be inserted after the first paragraph of the first
        : The assisted witness may apply to the investigating judge, according to The arrangements provided for in Article 82-1, to be confronted with the person (s) who challenge it or to make requests for annulment on the basis of Article 173. "
        IV. Article 113-8 of the same Code reads as follows: '
        ' Art. 113-8. -If it considers that in the course of the procedure of the serious or corroborating evidence which justifies the examination of the assisted witness, the investigating judge shall proceed to that examination by applying the provisions of the seventh and Eighth paragraphs of Article 116 during an examination carried out in the forms provided for in Article 114.
        " He or she may also make such a review by sending a registered letter to the person indicating each of the facts As well as their legal qualifications, and informing them of their right to make requests for acts or requests for annulment, as well as the foreseeable period of completion of the proceedings, in accordance with the provisions of the seventh and Eighth paragraphs of Article 116.
        " This recommended letter may be addressed at the same time as the notice of termination provided for in section 175. It shall then inform the person of its right to make requests for acts or requests for annulment for a period of 20 days
        In the cases referred to in the second and third paragraphs of this Article, the person shall also be informed That if she requests to be heard again by the investigating judge, the investigating judge is required to conduct his examination. "
        V.-In the first and fourth paragraphs of Article 120 of the Code, are inserted after the words:" Of the parties ", the words: And the assisted witness ".
        VI. -Article 167 of the Code is supplemented by a paragraph worded as follows: '
        ' The investigating judge may also notify the witness, in accordance with the procedures laid down in this Article, of the conclusions of the expert's opinions concerning him or her Setting a deadline for submitting a request for additional expertise or cross-expertise. The judge is not required, however, to make a reasoned order if he or she considers that the application is not justified, unless the assisted witness requests to be examined pursuant to section 113-6. "
        VII. -At the end of Article 170 of the same code, the words: Or by the parties " Are replaced by the words: " , by the parties or by the assisted witness ".
        VIII. -In the first sentence of the third paragraph of Article 173 of the Code, after the words: One of the parties' shall be inserted the words: ' Or the assisted witness ".
        IX. -After the first subparagraph of Article 173-1 of the Code, a paragraph shall be inserted as follows: '
        ' The same applies to the assisted witness from his first hearing and subsequent hearings. "
        X. -The last paragraph of Article 175 of the Code reads as follows: '
        ' The provisions of the first paragraph and, in the case of requests for a declaration of invalidity, of the second paragraph, shall also apply to the assisted witness. "

        Item 96


        I. -Article 122 of the Code of Criminal Procedure reads as
        : Art. 122. -The investigating judge may, as the case may be, grant a warrant for research, appearance, arrest or arrest. The judge of liberty and detention may award a deposit.
        " The search warrant may be awarded in respect of a person against whom there is one or more plausible reasons for suspecting that the person has committed or attempted To commit an offence. It shall not be awarded in respect of a person who has been the subject of a nominative requisition, an assisted witness or a person under examination. It is the order given to the public force to seek the person against whom it is awarded and to place it in police custody.
        " The warrant of appearance, arrest or arrest may be given to a person in respect of There are serious or consistent clues that make it likely that she may have participated, as an author or an accomplice, in the commission of an offence, including whether that person is witness or examination.
        " The mandate of The purpose of an appearance is to keep the person against whom it is awarded to appear before the judge on the date and time specified by that warrant.
        " The mandate to bring is the order given to the driving force Immediately before him the person against whom he is awarded.
        " The arrest warrant is the order given to the public force to seek the person against whom it is awarded and to bring it to the public after the Where applicable, conduct at the stop-house indicated on the warrant, where it will be received and held.
        " The investigating judge shall be required to hear as witnesses assisted the persons against whom an order of appearance has been issued, to bring Or stop, except for examination in accordance with the provisions of Article 116. Such persons may not be held in custody for the fact that the warrant has been issued.
        " The warrant of filing may be issued against a person who has been examined and has been placed under an order for placement in Pre-trial detention. It is the order given to the head of the penitentiary institution to receive and detain the person against whom it is awarded. This mandate also allows for the search or transfer of the person when he was previously notified. "
        II. -Article 123 of the same code is thus amended:
        1 ° In the second subparagraph, the words: And shutdown " Are replaced by the words: " , stop and search ".
        2 ° In the fourth paragraph, the words:" Or shutdown " Are replaced by the words: ", Stopping or searching " ;
        3 ° In the sixth paragraph, the words: " And shutdown " Are replaced by the words: " , stopping and searching. ".
        III. -In Article 134 of the same code, the words: Or shutdown " Are replaced by the words: " , stopping or searching. ".
        IV. Article 135-1 of the same code is thus reinstated:
        " Art. 135-1. -The person discovered under a search warrant shall be placed in police custody by the judicial police officer of the place of discovery, in accordance with the procedure laid down in Article 154. The investigating judge seized of the facts shall be informed at the outset of the custody. Without prejudice to the possibility for the judicial police officer already seized by a rogatory commission to proceed to the hearing of the person, the judicial police officer of the place where the person was discovered may be required for that purpose by the As well as for the purpose of carrying out all necessary acts of information. During the period of custody, the person may also be taken to the premises of the investigation service seized of the facts. "
        V.-In the first paragraph of Article 136 of the Code, the words: And the judgment shall be punished by a civil fine of EUR 7.5 against the Registrar by the President of the Chamber of Education; Are replaced by the words: ", Stop and search ".

        Item 97


        I. -Article 125 of the Code of Criminal Procedure is thus amended:
        1 ° 2 Is written:
        " The examination of the person arrested under a warrant shall be carried out under the same conditions. However, if the examination cannot be immediate, the person may be detained by the police or gendarmerie for a maximum of twenty-four hours following his arrest before being brought before the investigating judge Or in the absence of the President of the court or a judge designated by the court, who shall immediately carry out his examination; failing that, the person shall be released. " ;
        2 ° The third paragraph is deleted.
        II. -In the first paragraph of Article 126 of the same Code, the word " Maintained " Is replaced by the word: " Deduction " And the words: " In the stop house " Are deleted.
        In the second paragraph, the word: " Detention " Is replaced by the word: " Retention ".
        III. -After the words: ", the end of Article 127 of the same Code reads as follows: And that it is not possible to drive it within the twenty-four hour period before the judge, it shall be conducted before the prosecutor of the Republic of the place of arrest. "
        IV. -Article 132 of the same code is repealed.
        V.-Article 133 of the same code is thus amended:
        1 ° The first subparagraph is worded as follows:
        " A person who has been seized pursuant to an arrest warrant shall be made within twenty-four hours after his Arrest before the investigating judge or, failing that, the presiding judge of the court or the judge designated by the court to conduct his or her interrogation and, if necessary, decide on his or her remand in custody Under Article 145. Otherwise, the person is released. The provisions of Article 126 shall apply. " ;
        2 ° In the second paragraph, the word " Immediately " Is replaced by the words: " Within 24 hours of his arrest ".
        VI. -After Article 133 of the same Code, an Article 133-1 shall be inserted as
        : Art. 133-1. -In the cases provided for in Articles 125, 127 and 133, where the person is detained by the police or gendarmerie before his presentation to a magistrate, the prosecutor of the Republic of the place of arrest shall be informed as soon as The commencement of the retention period and the person has the right to prevent a loved one under the conditions set out in section 63-2 and to be examined by a physician under the conditions set out in section 63-3. "
        VII. -Article 820 of the same code, the words: Articles 127 and 133 " Are replaced by the words: " Sections 127, 133 and 135-2 ".
        VIII. -In Article 821 of the Code, after the words: In Article 130 ' shall be inserted the words: ' And the last paragraph of Article 135-2 ".
        IX. -In Article 907-1 of the Code, after the words: In Article 130 ' shall be inserted the words: ' , in the last paragraph of Article 135-2 ".
        X. -In Article 822 of the same Code, the words: Articles 128 and 132 " Are replaced by the words: " Article 128 ".

        Article 98


        After Article 135-1 of the Code of Criminal Procedure, two Articles 135-2 and 135-3 shall be inserted Written:
        " Art. 135-2. -If the person subject to an arrest warrant is discovered after the information has been settled, the provisions of this Article
        be carried out. The prosecutor of the Republic of the place of arrest is notified from the beginning The detention of the person by the police or gendarmerie. During such retention, the provisions of Articles 63-2 and 63-3 shall be applied. Retention cannot take longer than 24 hours.
        " The person shall be conducted as soon as possible and at the latest within 24 hours of his arrest before the Public Prosecutor of the Republic of the High Court in the Is the jurisdiction of the court of judgment seized of the facts. After verifying his identity and having notified him of the warrant, this judge presents it before the judge of liberty and detention
        The judge of liberty and detention may, on the requisition of the public prosecutor, be placed The person under judicial review, or order the person to be remanded in custody until his or her appearance before the court of judgment, by reasoned order in accordance with the provisions of article 144, made after a debate In accordance with the provisions of the fourth to eighth paragraphs of Article 145. If the person is detained, the time limits set out in the fourth and fifth paragraphs of Article 179 and the eighth and ninth paragraphs of Article 181 shall then apply and run on the basis of the placement order in Detention. The decision of the judge of liberty and detention may, within ten days of his notification, make an appeal to the Correctional Appeals Chamber if the person is referred to the Correctional Court and to the Chamber of The statement if it is returned to the sitting court.
        " If the person has been arrested more than 200 kilometres from the seat of the court of judgment and it is not possible to drive the person within the twenty-four hour period before the Prosecutor of the Republic mentioned in the third paragraph, she shall be brought before the Public Prosecutor of the Republic of the place of his arrest, who shall verify his identity, notify him of the warrant and receive any statements after warning him That it is free not to do so. The judge then carries out the term of office by bringing the person to the pre-trial detention centre and notifies the public prosecutor of the Court of the High Court in whose jurisdiction the court of judgment is based. The latter shall order the transfer of the person, who must appear before him within four days of the notification of the warrant; this period shall be extended to six days in the case of a transfer between an overseas department and metropolitan France or Another overseas department. It shall then be carried out in accordance with the provisions of the third and fourth paragraphs
        Art. 135-3. -Any warrant of arrest or search shall be entered, at the request of the investigating judge or the public prosecutor, in the file of the persons sought. Where the person is referred to the court of judgment by a decision in force of res judicas, the manager of the file shall be informed so that it is applied, if it is a warrant of arrest, Provisions of Article 135-2. "

        Item 99


        I. -The seventh paragraph of Article 181 of the Code of Criminal Procedure is replaced by three sub-paragraphs, as follows:
        " If the accused is remanded in custody, the warrant of commitment against him shall retain his enforceability and the person concerned shall remain held until his judgment by the seated court, subject to the provisions of the following two paragraphs and Article 148-1. If it has been awarded, the arrest warrant shall retain its enforceability; if it has been awarded, the warrants to bring or search shall cease to be executed, without prejudice to the possibility for the investigating judge to issue arrest warrants Against the accused.
        " The accused person held by reason of the facts for which he is referred to the seated court shall be released immediately if he has not appeared before the court at the end of a period of one year from the date Which the indictment decision became final if he were then detained, that is, the date on which he was subsequently remanded in custody.
        However, if the hearing on the merits cannot commence before the expiry of the That period, the Board of Education may, on an exceptional basis, by a decision in accordance with Article 144 and mention the reasons for the fact or the right to interfere with the judgment of the case, order the extension of the detention For a new period of six months. The appearance of the accused is entitled if he or his counsel so requests. This extension may be renewed once in the same form. If the accused did not appear in court at the end of this new extension, he is immediately released. "
        II. -Section 215-2 of the Code is repealed.

        Item 100


        I. -Article 141 (2) of the Code of Criminal Procedure is thus
        : The second paragraph reads as follows:
        " If the person circumvents the obligations of judicial review while it is referred to the court of judgment, the prosecutor of the Republic may, outside the case provided for in Article 272-1, Seize the judge of liberty and detention for the purpose of granting the arrest warrant or for bringing the case against him. This judge is also competent to order, in accordance with the provisions of Article 135-2, the provisional detention of the person concerned. " ;
        2 ° The third paragraph is deleted.
        II. -The second paragraph of Article 179 of the Code is supplemented by the following sentence:
        " If it has been awarded, the arrest warrant retains its enforceability; if it has been awarded, the warrants to bring or search shall cease To receive enforcement, without prejudice to the possibility for the investigating judge to issue an arrest warrant against the accused. "
        III. -The second and third paragraphs of Article 215 of the Code are replaced by a paragraph worded as follows: '
        ' The provisions of Article 181 shall apply. "
        IV. -In the first paragraph of Article 272-1 of the Code, the words: To enforce the order for the taking of bodies " Are replaced by the words: " Issuing arrest warrant " And, in the second paragraph of the same article, the words: " Order the placing to Execution of the body-taking order " Are replaced by the words: " Issuing warrant of filing or arrest ".
        V.-Section 367 is amended as follows:
        1 ° In the second paragraph, the words:" The order for the taking of bodies is enforced Or continue to produce its effects " Are replaced by the words: " The warrant of filing issued against the accused continues to have effect, or the court shall issue a warrant for filing against the accused." ;
        2 ° In the third paragraph, the words: " The Court "Foundation" Are replaced by the words: " The Court " And the words: " That the order for the taking of the body will be enforced " Are replaced by the words: " To grant a filing mandate ".
        VI. -In the second paragraph of Article 380-4 of the Code, the words: The order for the taking of bodies " Are replaced by the words: " The filing mandate ".
        VII. -In Article 725 of the same code, the words: A body-taking order, " Are deleted.
        VIII. -The last paragraph of Article 9 of Order No. 45-174 of 2 February 1945 on child offenders is deleted.

        Article 101


        The third paragraph of Article 148 of the Code of Criminal Procedure is supplemented by the following sentence:
        " When a number of requests for release have been made, these requests can be answered within the time limit Above by a single decision. "

        Article 102


        The first paragraph of Article 148-2 of the Code of Criminal Procedure is supplemented by a sentence so worded:
        " If The person has already appeared before the court less than four months before, the President of that court may in the event of an application for release refuse the personal appearance of the person concerned by a reasoned decision which is not likely Of any recourse. "

        Article 103


        In the second sentence of the first paragraph of Article 149 of the Code of Criminal Procedure, after the words:" An amnesty After the provisional detention, " shall be inserted as follows: Or the requirement of public action after the person's release, when the person was at the same time held for other cause, ".

        Article 104


        I. Article 152 of the Code of Criminal Procedure is supplemented by a paragraph worded as follows: '
        ' The investigating judge may To transport, without being assisted by its Registrar, to direct and control the execution of the letters rogatory, as long as it does not carry out acts of inquiry itself. On the occasion of such carriage, he may order the extension of the guards to be given in the context of the letters rogatory. In all cases, mention of this transport shall be made on the execution documents of the letters rogatory. "
        II. -Article 153 of the Code is supplemented by a paragraph worded as follows: '
        ' The obligation to swear an oath and to deposit is not applicable to persons who are kept in custody pursuant to the provisions of section 154. However, the fact that persons held in custody have been heard after taking the oath does not constitute a cause of nullity of the proceedings. "

        Article 105


        After Article 154-1 of the Code of Criminal Procedure, an article 154-2 reads as follows:
        " Art. 154-2. -The examining magistrate who intends to examine a person who has not already been heard as an assisted witness may request by letters rogatory, in accordance with the procedure laid down in Article 151, any investigating judge to proceed with the examination. Examination of that person in accordance with the provisions of Article 116.
        " The examining magistrate responsible for executing the letters rogatory shall then proceed to the examination of the person in accordance with the provisions of Article 116, except If it considers, in the light of its observations or those of its counsel, that there is no serious or consistent evidence against it making it likely to be guilty, in which case the Magistrate shall inform him that it enjoys the rights of the assisted
        . Where a person has already been heard as an assisted witness, the examining magistrate may request by rogatory committee any investigating judge to proceed with the examination of that person. "

        Article 106


        I. -The third sentence of Article 163 of the Code of Criminal Procedure is replaced by a paragraph worded as
        : For the purposes of their mission, the experts shall be empowered to open or reopen the seals, and to make new seals after having, where appropriate, repackaging the objects they were responsible for In this case, they shall refer to them in their report, after having, if necessary, drawn up an inventory of the seals; the provisions of the fourth paragraph of Article 97 shall not apply. "
        II. Article 164 of the same code reads as follows: '
        ' Art. 164. -Experts may receive, for the purposes of information and for the sole performance of their duties, statements of any person other than the person being examined, the assisted witness or the civil
        . However, if the judge May, with the consent of the persons concerned, receive the declarations of the person being examined, the witness or the civil party necessary for the performance of the proceedings. Of their mission. Such declarations shall be collected in the presence of their lawyer or duly convened under the conditions laid down in the second paragraph of Article 114, unless the experts are given a written waiver. Such statements may also be collected on the occasion of an examination or evidence before the investigating judge in the presence of the expert
        The expert medical or psychological expert to examine the person being examined, the Assisted witness or the civil party may in any case ask them questions for the performance of their duties outside the presence of the judge and the lawyers. "
        III. -Article 166 of the Code is supplemented by a paragraph worded as follows: '
        ' With the agreement of the investigating judge, the experts may, directly and by any means, communicate the findings of their report to the judicial police officers in charge The execution of the letters rogatory. "
        IV. -The third paragraph of Article 167 of the Code is supplemented by the following two sentences:
        " The time limit fixed by the investigating judge, which takes into account the complexity of the appraisal, cannot be less than 15 days or, if it is Accounting or financial expertise, one month. After that period, there can no longer be a request for counter-expertise, additional expertise or new expertise relating to the same subject matter, including on the basis of Article 82-1, subject to the occurrence of a new element. "

        Article 107


        I. -The last sentence of the last paragraph of Article 186 of the Code of Criminal Procedure is replaced by two sentences Thus written:
        " The same applies when the appeal was filed after the expiration of the time limit laid down in the fourth paragraph or when the appeal became moot. The President of the Chamber of Education is also competent to determine the withdrawal of the appellant's appeal. "
        II. Article 201 of the same code shall be supplemented by a paragraph worded as follows: '
        ' It may order placement in remand or under judicial review of the person being examined. In the event of an emergency, the President of the Chamber of Education or the adviser appointed by him may grant a warrant to bring, arrest or search. It may also order the temporary incarceration of the person for a specified period of time which cannot in any case exceed four working days until the meeting of the Chamber of Education. "
        III. -At the beginning of the first subparagraph of Article 206 of the Code, the following words shall be inserted: Subject to sections 173-1, 174 and 175, ".
        IV. -Article 207 of the same code is thus amended:
        1 ° In the first subparagraph, the words: The judge of liberty and detention " Are deleted and the words: " The decision of the judge of freedoms and detention " Are replaced by the words: " This Decision " ;
        2 ° The first paragraph is supplemented by two sentences thus written:
        " Where the Board of Education grants a warrant of filing or denies an order for release or refusal of an extension of detention Provisional detention decisions shall continue to fall within the competence of the investigating judge and the judge of freedoms and detention unless expressly stated by the Chamber of Education that it is alone Competent to rule on applications for release and to extend pre-trial detention if necessary. The same applies when the Board of Education orders judicial review or modifies its terms and conditions. " ;
        3 ° In the second paragraph, the words: " Articles 81, ninth paragraph, 82, fourth paragraph " Are replaced by the words: " Article 81, last paragraph, 82, last paragraph " ;
        4 ° The second subparagraph is supplemented by a sentence so Written:
        " It may also carry out a partial evocation of the case by proceeding only with certain acts before referring the case back to the investigating judge. "
        V.-After Article 212-1 of the Code, an article 212-2 reads as follows:
        " Art. 212-2. -Where it declares that there is no need to follow after open information on the establishment of a civil party, the Chamber of Education may, on the requisition of the Attorney General and by reasoned decision, consider that the The civil party has been abusive or dilatory, a civil penalty may not exceed 15 000 EUR.
        ' This decision may be taken only after a period of 20 days from the date of the Communication to the civil party and to his lawyer, by registered letter or by fax with receipt, of the requisitions of the Attorney General, in order to enable the person concerned to send written observations to the Chamber of the investigating
        . Where the civil party is a legal entity, the civil penalty may be imposed against its legal representative, if the bad faith of the latter is established. "
        VI. -In the first and last paragraphs of Article 221 of the same Code, the word: Quarter " Is replaced by the word: " Semester.

        Item 108


        The penultimate paragraph of Article 217 of the Code of Criminal Procedure is thus modified:
        1 In the first sentence, after the words: " In cassation "shall be inserted the following words:" , except for release stops Charge, " ;
        2 ° The second sentence is supplemented by the words: " ; indictments are also notified to parties by registered letter ".

        Article 109


        Article 55-1 of the Code of Criminal Procedure is thus amended:
        1 ° In the second paragraph, the words: " Signage " Are replaced by the words: " MSDSs Including taking fingerprints, palmar or photographs " ;
        2 ° In the third paragraph, the words: " To submit to pickup operations " Are replaced by the words: " , by a person against whom the There is one or more plausible reasons for suspecting that it has committed or attempted to commit an offence, to submit to the collection operations referred to in the first and second paragraphs ".

        Article 110


        Article 82 of the Code of Criminal Procedure is thus amended:
        1 ° In the fourth paragraph, the words:" Except in the cases provided for in the second paragraph of Article 137 " Are replaced by the words: " Without prejudice to the application of the provisions of Article 137-4 " ;
        2 ° The last paragraph is supplemented by a sentence so worded:
        " The same is true if the judge of freedoms and Detention, seized by the investigating judge, does not make an order within ten days from the date of the referral. "

        Item 111


        I. -Article 43 of the Code of Criminal Procedure is supplemented by the following words: And that of the place of detention People, even when that detention is done for another cause. "
        II. -Article 52 of the Code is supplemented by the following words: And that of the place of detention of one of these persons, even when that detention is carried out for another cause
        . -Article 382 of the same code is thus amended:
        1 ° In the first subparagraph, the words: Or that of the place of arrest of the latter, even when the arrest was made for another cause " Are replaced by the words: " Or the location Arrest or detention of the latter, even where such arrest or detention has been effected or is being carried out for another cause " ;
        2 ° The second paragraph is deleted.
        IV. -The second paragraph of Article 663 of the Code is deleted.
        V.-In the second paragraph of Article 7 of Ordinance No. 45-174 of 2 February 1945 on juvenile delinquency, the words: Articles 43 and 696 " Are replaced by the Words: " Article 43 ".

        Article 112


        I. -In the first paragraph of Article 705 of the Code of Criminal Procedure, the reference: ', 663 (second subparagraph) " Is deleted.
        II. -In the first paragraph of Article 706-1 of the Code, the words: , of the second paragraph of Article 663 " Are deleted.
        III. -After the words: Articles 43, 52 ', the end of the first subparagraph of Article 706-17 of the Code reads as follows: ' And 382. ".

        Article 113


        In the second paragraph of Article 83 of the Code of Criminal Procedure, the words: At the request of the judge in charge of Information " Are replaced by the words: " Either on the application or with the consent of the information judge ".

        Article 114


        In the fourth paragraph of Article 84 of the Code of Criminal Procedure, the words: , which he is responsible for immediately reporting to the President of the Court " Are deleted.

        Article 115


        Article 82-3 of the Code of Criminal Procedure is supplemented by a sentence so worded:
        " The provisions of the penultimate and last paragraphs of Article 81 shall apply. "

        Item 116


        I. -After Article 99-2 of the Code of Criminal Procedure, an Article 99-3 reads as follows: '
        ' Art. 99-3. -The investigating judge or the judicial police officer by him may require any person, institution or private or public body, or any public authority that is likely to hold documents With regard to the instruction, including those arising from a computer system or the processing of personal data, to furnish such documents, without the possibility of any opposition, without any legitimate reason, of the obligation to professional secrecy. Where requisitions concern persons mentioned in Articles 56-1 to 56-3, the submission of documents may only be made with their consent.
        " In the absence of a reply from the person to the requisitions, the provisions of the second paragraph of Article 60-1 shall apply. "
        II. Article 151-1-1 of the same Code shall become Article 99-4 and in the first, second and fourth paragraphs of that Article, the words: Of Article 60-1 " Are replaced by the words: " Section 60-2 ".

        Article 117


        The second paragraph of Article 115 of the Code of Criminal Procedure is replaced by three sub-paragraphs:
        " Except when it is the first Appointment of a lawyer by a party or where the appointment is made during an examination or a hearing, the choice made by the parties under the preceding paragraph shall be the subject of a declaration to the Registrar of the Judge Statement. The declaration must be established and dated by the Registrar who signs it and the party concerned. If the Registrar is unable to sign, it shall be mentioned by the Registrar. Where the party does not reside within the jurisdiction of the competent court, the declaration to the Registrar may be made by registered letter with the request for a notice of
        . When the person being examined is detained, the choice made by Under the first paragraph may also be the subject of a declaration to the head of the penitentiary institution. This declaration shall be recorded and dated by the head of the institution who signs it and the person detained. If the latter cannot sign, it shall be mentioned by the head of the institution. This document shall be sent without delay, in original or in copy and by any means, to the Registrar of the investigating judge. The appointment of the lawyer shall take effect upon receipt of the document by the
        . When the person being examined is detained, the choice may also result from a letter appointing a lawyer to ensure his or her defence. The declaration provided for in the second paragraph shall then be made by the appointed lawyer, who shall deliver to the Registrar a copy, complete or partial, of the mail addressed to him, and which shall be annexed by the Registrar to the declaration. The person being examined must confirm his or her choice within 15 days in accordance with one of the arrangements set out in the second and third paragraphs. During this period, the designation shall be held for effective use. "

        Article 118


        Article 118 of the Code of Criminal Procedure is thus reinstated:
        " Art. 118. -If it appears in the course of the information that the alleged facts of the person being examined under a correctional qualification constitute in reality a crime, the investigating judge shall notify the person, after having informed him of his That a criminal qualification is substituted for the qualification initially chosen, and have collected his or her observations and those of his counsel. In the absence of such notification, the provisions of Article 181
        not be applied. If the person was remanded in custody, the original warrant of filing remains valid and is considered to be a term of office. Criminal deposit. The provisional detention is then subject to the rules applicable in criminal matters, as the time limits for the extension of the measure are calculated from the date of issue of the
        . In the notification provided for in the first subparagraph, The investigating judge may make the person aware of a new foreseeable period of completion of the information, in accordance with the provisions of the eighth paragraph of Article 116. "

        Article 119


        Article 119 of the Code of Criminal Procedure reads as follows:
        " Art. 119. -The prosecutor of the Republic may attend the interrogations, hearings and confrontations of the person being examined, the civil party and the assisted
        . Each time he has informed the investigating judge of his intention to do so To attend, the clerk of the examining magistrate must notify him by a simple note, not later than the day before the examination. "

        Article 120


        After the second sentence of the second subparagraph of Article 137-1 of the Code of Criminal Procedure, a sentence is inserted Written:
        " In the event of the incapacity of the Judge of the Freedoms and Detention and the incapacity of the President as well as the first Vice-Presidents and Vice-Presidents, the Judge of Freedom and Detention shall be replaced by the Magistrate Of the oldest seat in the highest grade, appointed by the President of the High Court. "

        Item 121


        I. -Article 137-4 of the Code of Criminal Procedure is supplemented by a paragraph worded as
        : In criminal matters Or for offences punishable by ten years' imprisonment, the prosecutor of the Republic may then, if the requisitions are reasoned, in whole or in part, by the grounds provided for in the 2 ° and 3 ° section of Article 144 and specify that he intends to do so Application of the provisions of this paragraph, directly to the judge of liberty and detention by deferring the person under examination without delay; the order of the judge of liberty and detention shall cause the case to be The lapse of the order of the investigating judge who has placed the person under judicial control. If the judge of the liberty and detention is given up, the prosecutor of the Republic notifies the investigating judge and the person may be left at liberty. "
        II. -At the beginning of the last paragraph of Article 137-1 of the Code, the following words are inserted: Outside the case provided for in the second paragraph of Article 137-4, ".

        Article 122


        After the first subparagraph of Article 177 of the Code of Criminal Procedure, a paragraph shall be inserted as
        : Where the order for non-location is motivated by the existence of one of the causes of irresponsibility Under the first paragraph of Article 122-1, Articles 122-2, 122-3, 122-4, 122-5 and 122-7 of the Penal Code or the death of the person under examination, it shall specify whether there are sufficient charges to establish that the person concerned has committed The facts of which he is accused. "

        Item 123


        I. -Article 179 (1) of the Code of Criminal Procedure shall be inserted after
        179: Art. 179-1. -Any order referring the person under examination before the police court or the correctional court informs the court that it must notify the public prosecutor, until the final judgment of the case, of any change Of the address declared at the time of its examination, by registered letter with the request for notification of receipt. The order shall also inform him that any quotation, notification or service made at the last declared address shall be deemed to be made to his person. "
        II. Article 503-1 shall be inserted after Article 503 of the same Code: '
        ' Art. 503-1. -When the person is free, the accused person must declare his or her personal address. It may, however, substitute the address of a third party responsible for receiving the quotations, corrections and meanings to be sent to it if it produces the agreement of the latter. This statement is made by counsel for the defendant if it is the defendant who forms the appeal.
        " Failing such a declaration shall be deemed to be the declared address of the accused in the first-instance judgment.
        " The defendant Or his/her lawyer must notify the Public Prosecutor of the Republic, until the final judgment of the case, of any change in the address declared by registered letter with the request for a notice of
        . Any citation, notification or Service made at the last declared address shall be deemed to be made to his or her person and the defendant who does not appear at the hearing without any valid excuse valid by the Court of Appeal shall be tried by conflicting judgment to serve.
        " If the defendant, Held at the time of the appeal, shall be released prior to the examination of his case by the Court of Appeal, he shall make the address statement provided for in this Article prior to his release from the Chief of the Stopping House. "

        Item 124


        I. Article 186-2 of the Code of Criminal Procedure, Article 186-3 reads as follows: '
        ' Art. 186-3. -The person under review and the civil party may appeal the orders provided for in the first paragraph of section 179 in the sole case where they consider that the facts referred to the court constitute a crime That should have been the subject of an indictment before the Court of Assizes. "
        II. -Article 469 of the Code is supplemented by a paragraph worded as follows: '
        ' Where the reference ordered by the examining magistrate or the Chamber of Education has been referred to it, the court shall not apply, ex officio or at Request of the parties, the provisions of the first paragraph, if the victim was a civil party and was assisted by a lawyer when the reference was ordered. However, the criminal court seised of the prosecution of an unintentionality shall retain the possibility of referring the public prosecutor to the case if it is the result of the proceedings that the facts are likely to result in a criminal penalty Because they were committed intentionally. "

        Article 125


        Article 43 of the Code of Criminal Procedure is supplemented by a paragraph worded as follows:
        " When counsel for the Republic is seized of facts which involve, as author or victim, a person who is a depositary of the public authority or is in charge of a public service mission which is usually, by virtue of his or her functions or mission, in relation to the Magistrates or officials of the court, the Attorney General may, ex officio, on the proposal of the prosecutor of the Republic and at the request of the person concerned, forward the procedure to the public prosecutor in the High Court The jurisdiction closest to the jurisdiction of the Court of Appeal. That court is then territorially competent to hear the case, by way of derogation from the provisions of Articles 52, 382 and 522. The Attorney General's decision constitutes a measure of judicial administration that is not subject to appeal. "

        Item 126


        I. -Article 41-4 of the Code of Criminal Procedure is thus amended:
        1 ° In the second subparagraph, after the words: Or The goods' shall be inserted the words: ' Or where a particular provision provides for the destruction of objects under the hand of justice " And the words: " For this reason " Are replaced by the words: " For any of these reasons or for any other reason " ;
        2 ° The last sentence of the second paragraph is deleted.
        II. -The last sentence of the third paragraph of Article 114 of the Code is
        . -In Article 117 of the same code, the words: The last paragraph of Article 72 " Are replaced by the words: " In section 72 ".
        IV. -In the second paragraph of Article 138 and in the first sentence of the last paragraph of Article 142 of the Code, after the words: Of the examining magistrate ' shall be inserted the words: ' Or the judge of freedoms and detention " And, at 1 °, 2 °, 3 °, 4 °, 5 °, 6 °, 8 °, 9 °, 11 °, 11 °, 12 ° and 15 ° of Article 138 and in the second sentence of the last paragraph of Article 142 and the first paragraph of Article 142-1 of the same code, after the words: The examining magistrate "shall be inserted the words:" Or the judge Freedoms and detention ".
        V.-At 6 ° of article 138 of the same code, the words: Prevent recidivism " Are replaced by the words: " Prevent the renewal of the offence ".
        VI. -In the first paragraph of Article 148-1-1 of the Code, the words: The notification of the order of the public prosecutor ' Are replaced by the words: " Notification of the order to the public prosecutor ".
        VII. -In the second paragraph of Article 156 of the same Code, the words: Ninth and tenth " Are replaced by the words: " Penultimate and last ".
        VIII. -1. The first paragraph of Article 179 of the Code is supplemented by the following sentence:
        " Such an order shall specify, where appropriate, that the accused benefit from the provisions of Article 132-78 of the Criminal Code. "
        2. The third paragraph of Article 181 of the Code is supplemented by the following sentence:
        " It also specifies, where appropriate, that the accused benefit from the provisions of Article 132-78 of the Criminal Code. "
        3. The first paragraph of Article 215 of the Code is supplemented by the following sentence:
        " It also specifies, where appropriate, that the accused benefit from the provisions of Article 132-78 of the Criminal Code. "
        IX. -In the first and second paragraphs of Article 207-1 of the Code, the words: Indictments Chamber " Are replaced by the words: " Statement room ".
        X. -Chapter I of Title IV of the book Ier of the code of the judicial organization Is thus amended:
        1 ° Its title reads as follows: The National Commission for the Redress of Detention ;
        2 ° A l' article L. 141-1, the words: Claims for compensation " Are replaced by the words: " Repair requests " ;
        3 ° A Article L. 141-2, references: " 149-1 and 149-2 " Are replaced by references: " 149-1 to 149-4 ".

        Item 127


        I. - In Article 273 of the Code of Criminal Procedure, the word: Meaning " Is replaced by the word: " Notification ".
        II. -In the second paragraph of Article 614 of the Code, the words: Served by bailiff " Are replaced by the word: " Notified ".
        III. -In Article 579 of the same code, the word: Meaning " Is replaced by the word: " Notification ".
        IV. -In Article 589 of the same code, the words: Meaning " Are replaced by the words: " Notification ".

        • Section 1: Offences Judgement Provisions Article 128


          I. -The second sentence of the sixth paragraph of Article 41 of the Code of Criminal Procedure reads as
          : Such diligences shall be prescribed before Any requisition for remand in custody, in the case of a prosecution against a major aged less than twenty-one years at the time of the commission of the offence, where the penalty is not more than five years' imprisonment, and in the case of Proceedings in accordance with the procedure for an immediate appearance under sections 395 to 397-6 or in accordance with the procedure for appearance on a preliminary finding of guilt under sections 495-7 to 495-13. "
          II. -In the third paragraph of Article 394 of the Code, the words: The president of the court or the judge delegated by him " Are replaced by the words: " Justice of liberty and detention ".
          III. -Article 396 of the same code is thus amended:
          1 ° In the second subparagraph, the words: After having collected the statements of the accused, his lawyer having been notified, and " Are deleted and the words: " If applicable, " Are replaced by the words: " Unless they have already been made " ;
          2 ° In the penultimate sentence of the third paragraph, the words: " Second working day " Are replaced by the words: " Third working day " ;
          3 ° The last paragraph reads:
          " If The judge considers that pre-trial detention is not necessary, it may submit the accused, up to his appearance before the court, to one or more obligations of judicial review. The Public Prosecutor shall then notify the person concerned of the date and time of the hearing in accordance with the procedures laid down in the first paragraph of Article 394. "
          IV. Article 397-1 of the Code is supplemented by a paragraph worded as follows: '
          ' In the cases provided for in this Article, the accused or his counsel may apply to the court to order any information that he considers necessary for the event of The truth concerning the alleged facts or the personality of the person concerned. A court that refuses to grant the application must make a reasoned judgment. "

          Article 129


          Article 398-1 of the Code of Criminal Procedure is thus amended:
          1 ° References:" 222-12 (1 ° to 10 °), 222-13 (1 ° to 10 °) " Are replaced by references: " 222-12 (1 ° to 13 °) and 222-13 (1 ° to 13 °);
          2 ° After reference: " 222-32 ", it is inserted the reference:" 225-10-1 " ;
          3 ° Reference: " 322-4 " Is replaced by the reference : " 322-4-1 " ;
          4 ° Reference: " 433-3, first paragraph " Is replaced by the reference: " 433-3, first and second paragraph ".

          Article 130


          After 7 ° of article 398-1 of the Code of Criminal Procedure, it is inserted a 7 ° bis as follows:
          " 7 ° bis The offence provided for in Article L. 126-3 of the Construction and Housing Code; '.

          Article 131


          I. Article 399 of the Code of Criminal Procedure reads as follows:
          " Art. 399. -The number and day of correctional hearings shall be determined by a joint decision of the President of the High Court and the Public
          of the Republic. The same is true of the forecast composition of these hearings, without Prejudice to the proper hearing powers of the Public Prosecutor's
          . The decisions provided for in this Article shall be taken, after the opinion of the General Assembly of the Court, at the end of the judicial year for the following judicial year, and Can be modified during the year under the same conditions.
          " In the event of an inability to reach joint decisions, the number and day of correctional hearings shall be determined solely by the Chairperson of the Court of high instance, and the provisional composition of such hearings shall be determined by the sole prosecutor of the Republic, after the opinion of the first President of the Court of Appeal and the Attorney General. "
          II. -Subsection 4 bis of Section 3 of Chapter I of Title I of Book III of the Code of the Judiciary is repealed.

          Article 132


          In the second paragraph of Article 400 of the Code of Criminal Procedure, the words: " Or mores " Are replaced by the words: " , the serenity of the debates, the dignity of the person or the interests of a third party ".

          Item 133


          I. -Article 410 of the Code of Criminal Procedure is thus amended:
          1 ° In the second subparagraph, the words: Is judged Contradictorally " Are replaced by the words: " Shall be tried by conflicting judgment to serve, unless the provisions of Article 411 are applied " ;
          2 ° It is complemented by a paragraph so written:
          " If a lawyer To ensure the defence of the defendant, it must be heard if it so requests, even in the case provided for in Article 411. "
          II. -Article 410-1 of the same code is thus amended:
          1 ° The first subparagraph is supplemented by the following words: Or arrest warrant " ;
          2 ° The second and third subparagraphs are replaced by a paragraph worded as follows:
          " If the accused is stopped at the Pursuant to the mandate to bring or stop, the provisions of Article 135-2 shall be applied. However, in the event that the person is remanded in custody by the judge of liberty and detention, the person must appear as soon as possible, and no later than one month, before the correctional court, failing which It is released. "
          III. -Article 411 of the same Code reads as follows:
          " Art. 411. -Whichever penalty is incurred, the accused may, by letter addressed to the President of the Court, who will be attached to the record of the proceedings, request to be tried in his absence by being represented at the hearing by his lawyer or by a Legal counsel. These provisions are applicable regardless of the conditions under which the accused was cited.
          " Counsel for the accused, who may intervene in the course of the proceedings, shall be heard in argument and the accused shall then be tried Contradictorally.
          " If the court considers it necessary for the accused to appear personally, he or she may refer the case to a subsequent hearing by ordering this appearance. The prosecutor of the Republic then resummons the defendant.
          " The defendant who does not respond to this new quote may be considered to be adversarial if his or her lawyer is present and heard. The court may also, where appropriate, after hearing counsel's submissions, refer the matter again by applying the provisions of section 410-1.
          " When counsel for the accused who has requested that he be made Application of the provisions of this Article shall not be present at the hearing, the accused shall be, unless the case is referred to, tried by contradictory judgment to serve. "
          IV. Article 412 of the same code reads as follows:
          " Art. 412. -If the citation has not been issued to the person of the accused, and if it has not been established that he has had knowledge of the citation, the decision, in the case of non-appearance of the accused, shall be made by default, unless Section 411.
          " In all cases, if a lawyer presents for the defence of the accused, he or she must be heard if he or she so requests. The judgment is then contradictory to serve, unless section 411 has been applied.
          In all cases, the court may, if it considers it necessary, refer the case to a subsequent hearing, where applicable Provisions of Article 410-1. "
          V.-In Article 416 of the same code, the words:" , regardless of the rate of the penalty incurred " Are deleted.
          VI. -The last paragraph of Article 465 of the Code reads as follows:
          " If the person is arrested following the arrest warrant and is a judgment given by default, the provisions of Article 135-2 shall be applied. "
          VII. -Article 498 of the same code is thus amended:
          1 ° 2 ° and 3 ° are thus written:
          " 2 ° For the accused who has been tried in his absence, but after hearing a lawyer who has presented himself for his defence, but without being a holder A signed representation order of the accused;
          " 3 ° For the defendant who did not appear in the case provided for in the fifth paragraph of Article 411, when his lawyer was not present. " ;
          2 ° The last paragraph is supplemented by the words: " Subject to the provisions of Article 498-1.
          VIII. -After Article 498 of the Code, Article 498-1 reads as follows: '
          ' Art. 498-1. -For a sentence of imprisonment or imprisonment with a partial stay, made in accordance with the conditions set out in section 410 and which has not been served personally, the appeal period shall not be short From the service of the judgment delivered at home, to the town hall or to the public prosecutor's office, only subject to the provisions of the second subparagraph. The judgment shall be enforceable at the expiration of that time
          . If it does not result either from the notice of receipt of the registered letter or the receipt provided for in Articles 557 and 558, either of any act of execution or of the notice given In accordance with Article 560, that the accused has been aware of the meaning, the appeal, both in respect of civil interests and the criminal conviction, remains admissible until the expiry of the limitation periods of the sentence, the time limit Of the appeal from the date on which the accused became aware of the conviction. "
          IX. -In the second paragraph of Article 492 of the same Code, the words: Provided for in Articles 557 and 558, paragraph 3 " Are replaced by the words: " Or the receipt provided for in Articles 557 and 558 ".
          X. -The 2 ° and 3 ° of Article 568 of the same Code are thus Written:
          " 2 ° For the accused who has been tried in his absence, but after hearing a lawyer who has presented himself for his defence, but without the holder of a warrant of representation signed by the accused;
          " 3 ° For the accused who Did not appear, either in the cases provided for in Article 410, or in the case provided for in the fifth paragraph of Article 411, where his lawyer was not present; ".
          XI. Article 568 of the Code is supplemented by a paragraph worded as follows: '
          ' The provisions of Article 498-1 shall apply to determine the starting point of the period of appeal in cassation of the person sentenced to imprisonment Or a sentence of imprisonment with a partial stay. "
          XII. -Articles 840, 841 and 891 of the Code are repealed.

          Article 134


          The fourth paragraph of Article 464 of the Code of Procedure Criminal is supplemented by a sentence so worded:
          " At this hearing, the Tribunal is composed of the sole presiding judge. "

          Item 135


          I. -The first paragraph of Article 495 of the Code of Criminal Procedure is supplemented by the following words: , the Contraventions under this Code and offences relating to land transport regulations ".
          II. -The second paragraph of Article 495-3 of the Code is supplemented by the following sentence:
          " It may also be brought to the attention of the defendant by the public prosecutor, directly or through a person Authority. "
          III. -In Article 1018 A of the General Tax Code, after the words: " Criminal orders " shall be inserted as follows: For contraventional or corrections ".

          Article 136


          The last paragraph of Article 495-6 of the Code of Criminal Procedure is supplemented by a sentence so worded:
          " At this hearing, the Tribunal is composed of the only sitting president Single judge. "

          Item 137


          I. -Chapter I of Title II of Book II of the Code of Criminal Procedure is supplemented by a section 8 thus drafted :


          "Section 8



          " From appearance on discovery
          of guilt


          " Art. 495-7. -For offences punishable by a fine or imprisonment for a term of less than or equal to five years, the Public Prosecutor may, ex officio or at the request of the person concerned or his lawyer, use the Appearance on a prior conviction in accordance with the provisions of this Division in respect of any person summoned for that purpose or referred to it pursuant to the provisions of section 393, where That person acknowledges the facts of which he is accused.
          " Art. 495-8. -The prosecutor of the Republic may propose to the person to execute one or more of the principal or additional penalties incurred; the nature and the quantum of the penalty (s) shall be determined in accordance with the provisions of the article 132-24 of the Penal Code.
          " When a term of imprisonment is proposed, the term of imprisonment may not exceed one year or more than half the term of imprisonment. The prosecutor may propose that it be accompanied by all or part of the stay. It may also propose that it be subject to one of the management measures listed in Article 712-6. If the prosecutor of the Republic proposes a firm sentence of imprisonment, he shall specify to the person whether the sentence is to be immediately carried out or whether the person will be summoned before the judge of the application of the sentences for the purpose of Determined the terms and conditions of its performance, including day parole, external placement or placement under electronic supervision.
          " Where a fine is proposed, the amount may not exceed that of the fine Incurred. It can be suspended.
          " The statements by which the person acknowledges the facts of the case are collected, and the proposal is made by the public prosecutor in the presence of counsel for the The person concerned chosen by him or, at his request, appointed by the Bar of the Bar Association, the person concerned being informed that the costs will be borne by him unless he fulfils the conditions of access to legal aid. The person cannot waive his right to be assisted by a lawyer. Counsel must be able to consult the file on file.
          " The person may freely speak with his lawyer, outside the presence of the prosecutor of the Republic, before making his decision known. It is informed by the Public Prosecutor of the Republic that it may request a period of ten days before making known whether it accepts or refuses the proposed penalty or
          . Art. 495-9. -Where, in the presence of his or her lawyer, the person accepts the proposed sentence or penalties, the person shall immediately be brought before the President of the High Court or the judge delegated by him, before the prosecutor of the Republic of a request License.
          " The President of the High Court or the Judge delegated by him hears the person and his counsel [Provisions declared unconstitutional by decision of the Constitutional Council n ° 2004-492 DC of 2 March 2004). After verifying the reality of the facts and their legal qualifications, he may decide to certify the penalties proposed by the public prosecutor. It shall act on the same day by reasoned order. In the case of approval, this order shall be read in public.
          " Art. 495-10. -Where the person seeks the benefit, before deciding on the proposal made by the public prosecutor, of the time limit laid down in the last paragraph of Article 495-8, the prosecutor of the Republic may present it before the judge of the Liberty and detention for the latter to order his placement under judicial supervision or, exceptionally and if one of the proposed penalties is equal to or greater than two months' imprisonment and the prosecutor of the Republic has Proposed its immediate execution, its placement in provisional detention, as provided for in the last paragraph of Article 394 or Articles 395 and 396, until it appears before the Public Prosecutor of the Republic. This new appearance must take place within a period of between ten and twenty days from the decision of the judge of freedoms and detention. Failing that, judicial review or pre-trial detention of the person concerned shall be terminated if any such action has been taken.
          " Art. 495-11. -The order by which the President of the High Court or the Judge delegated by him decides to certify the proposed sentence is based on the findings, on the one hand, that the person, in the presence of his lawyer, recognizes The facts for which he is accused and accepts the sentence or penalties proposed by the Public Prosecutor, on the other hand, that such penalties are justified in the light of the circumstances of the offence and the personality of its
          . The order has the effect of a judgment of conviction. It is immediately enforceable. Where the sentence approved is a custodial sentence, the person shall, in accordance with the distinctions provided for in the second paragraph of Article 495-8, be immediately imprisoned at the end of the sentence, be summoned before the judge of the application of the To whom the order is then passed without delay.
          " In all cases, it may be appealed by the convicted person, in accordance with the provisions of Articles 498, 500, 502 and 505. The Public Prosecutor's Office may appeal against an incident under the same conditions. Failing that, it has the effect of a judgment that is res judicing.
          " Art. 495-12. -Where the person declares that he does not accept the proposed penalty (s) or that the President of the High Court or his delegate makes an order for refusal of approval, the Public Prosecutor shall refer the matter to the A correctional tribunal in accordance with one of the procedures set out in section 388 or requires the opening of information
          Where the person had been referred to him in accordance with the provisions of Article 393, the Public Prosecutor May detain him until his appearance before the court or the examining magistrate, which must take place on the same day, in accordance with the provisions of Article 395; if the meeting of the court is not possible on the same day, it shall be made Application of the provisions of section 396. The provisions of this paragraph shall apply, including if the person had applied for a period of time and had been placed in pre-trial detention under the provisions of Articles 495-8 and 495-10
          Art. 495-13. -Where the victim of the offence is identified, the victim shall be informed, by any means, without delay of that procedure. It is invited to appear at the same time as the author of the facts, accompanied, where appropriate, by his lawyer, before the President of the High Court or the judge delegated by him to form a civil party and seek compensation for his Injury. The President of the High Court or the Judge delegated by him shall rule on that request, even in the event that the civil party did not appear at the hearing pursuant to Article 420-1. The civil party may appeal the order in accordance with the provisions of Articles 498 and 500
          If the victim has not been able to exercise the right provided for in the preceding paragraph, the public prosecutor shall inform him of his right to request Cite the author of the facts at a hearing of the correctional tribunal in accordance with the provisions of the fourth paragraph of section 464, of which it will be notified of the date, to allow it to become a civil party. The court shall then decide on the only civil interests, in the light of the record of the proceedings which shall be paid to the debate
          Art. 495-14. -On pain of nullity of the proceedings, a record of the formalities completed pursuant to Articles 495-8 to 495-13
          Where the person has not accepted the proposed sentence (s) or where the President of the Court of Or the judge delegated by him has not approved the proposal of the prosecutor of the Republic, the minutes cannot be transmitted to the investigating or trial court, and neither the public prosecutor nor the parties can Statement before that court of the statements made or documents submitted during the proceedings.
          " Art. 495-15. -The accused person who has been the subject of a direct quotation or a summons in accordance with the provisions of Articles 390 or 390-1 for one of the offences referred to in Article 495-7 may, either himself or His lawyer, indicate by registered letter with the request for a notice of receipt addressed to the Public Prosecutor of the Republic that he acknowledges the facts of which he is accused and to request the application of the procedure laid down in this section
          In this The prosecutor of the Republic may, if it considers it appropriate, proceed in accordance with the provisions of Articles 495-8 et seq., after having summoned the defendant and his lawyer and, where appropriate, the victim. If the person refuses to accept the proposed punishments, or if the president of the high court or the judge delegated by the court refuses to approve the proposed punishments, the direct quote or the summons to court shall be null and void. Of such refusals more than ten days before the date of the hearing before the court referred to in the original act of
          . Counsel for the Republic, in deciding not to enforce the provisions of the Articles 495-8 et seq., shall not be required to notify the accused or his counsel.
          " The provisions of this Article shall not apply to persons referred to the Correctional Court by the investigating
          . Art. 495-16. -The provisions of this Section shall not apply to minors under 18 years of age or in the field of press offences, unintentional homicide offences, political offences or offences for which the prosecution is provided for by A special law. "
          II. -After Article 520 of the same Code, an Article 520-1 reads as follows: '
          ' Art. 520-1. -In the event of an appeal of an order made pursuant to section 495-11, the Court shall refer to the case and decide on the merits without being able to impose a penalty more severe than that approved by the President of the Court or the judge delegated by him, Unless there is an appeal by the public prosecutor. "
          III. -Law No. 91-647 of 10 July 1991 on legal aid is thus amended:
          1 ° In the penultimate subparagraph of Article 3, after the words: Civil parties " shall be inserted as follows: Or when they are the subject of the Appearance on prior admission of guilt " ;
          2 ° The second paragraph of Article 7 is supplemented by the following words: And to the person who is the subject of the appearance procedure on prior admission of guilt " ;
          3 ° The first paragraph of Article 10 shall be supplemented by the following words: And the procedure for appearance on prior admission of guilt provided for in Articles 495-7 and following of the Code of Criminal Procedure " ;
          4 ° Section 47 is completed by Words: " Or that it is the subject of the appearance procedure on prior admission of guilt ".

          Article 138


          Code Criminal procedure is thus amended:
          1 ° Article 500-1 is thus amended:
          a) The first sentence is supplemented by the words: If such withdrawal occurs in the forms provided for in the declaration of appeal " ;
          b) It is completed by A sentence so written:
          " The withdrawal of appeal shall be determined by order of the Speaker of the Correctional Appeals Chamber. " ;
          2 ° At the end of the penultimate paragraph of article 380-11, the words: " Sitting yard " Are replaced by the words: " The Criminal Division of the Court of Cassation where it is seized under section 380-1 or by order of the President of the Court of Assitting ".

          Article 139


          It shall be inserted after Article 505 of the Code of Criminal Procedure, Article 505-1 Thus written:
          " Art. 505-1. -When an appeal is made after the expiry of the time limits set out in Articles 498, 500 or 505, when the appeal has become moot or when the appellant has withdrawn from his appeal, the President of the Correctional Appeals Chamber shall An order for the non-admission of an appeal that is not subject to appeal. "

          Article 140


          Article 511 of the Code of Criminal Procedure reads as follows:
          " Art. 511. -The number and day of correctional hearings shall be fixed at the end of each judicial year for the following judicial year by a joint decision of the first President and the Attorney General taken after the opinion of the General Assembly The court of appeal.
          " If necessary, this decision can be changed under the same conditions during the year.
          " If a joint decision is not possible, the number and day of correctional hearings are set By the first president alone. "

          Article 141


          Article 706-61 of the Code of Criminal Procedure is supplemented by a paragraph worded as follows:
          " If jurisdiction Orders an additional information for the purpose of hearing the witness, the witness is heard either by a designated investigating judge to carry out this additional information, or, if one of the members of the court has been designated to carry out this Hearing, using the technical arrangements provided for in the preceding paragraph. "

          Item 142


          I. -The third paragraph of Article 547 of the Code of Criminal Procedure is supplemented by a sentence so worded :
          " The Court, however, is composed of the only Speaker of the Correctional Appeals Chamber, sitting as a single judge. "
          II. -In the first paragraph of Article 549 of the same Code, the references: 510 to 520 " Are replaced by references: " 511 and 514 to 520 ".

          Item 143


          After the first paragraph of Article 706-71 of the Code of Criminal Procedure, three sub-paragraphs are inserted as
          : The provisions of the preceding paragraph providing for the use of a telecommunication means Audiovisual shall apply to the court of judgment for the hearing of witnesses, civil parties and experts
          These provisions shall also apply to the hearing or examination by an investigating judge of a A person detained, the adversarial debate prior to the pre-trial detention of a person detained for another cause, the adversarial debate provided for the extension of pre-trial detention, the examination of requests for Freedom by the trial chamber or the court of judgment, or the interrogation of the defendant in the police court if he or she is detained for another
          . For the purposes of the provisions of the preceding two paragraphs, if The person is assisted by a lawyer, the latter may be in the competent court or with the person concerned. In the first case, it must be able to communicate with the latter, in a confidential manner, using the means of audiovisual telecommunication. In the second case, a copy of the entire file must be made available in the detention facilities. "

          Article 144


          Article 706-72 of the Code of Criminal Procedure is supplemented by a paragraph worded as follows:
          " Where jurisdiction Notice that the qualification used in the act which seizes it relates to facts within the jurisdiction of the police tribunal, it refers the case to that court after it has declared itself incompetent. The same applies when the police court is seized of facts within the jurisdiction of the local court. This reference may be made at a hearing that is held on the same day. "

          Article 145


          The provisions of Article 31 of Decree No 2003-542 of 23 June 2003 concerning the local jurisdiction and Amending the code of the judicial organisation, the new code of civil procedure, the code of criminal procedure (second part: Orders in the Council of State) and Decree No. 91-1266 of 19 December 1991 implementing Act No. 91-647 on Legal aid shall apply, subject to judicial decisions made by res judica, to proceedings before the police tribunal before 15 September 2003.

          Article 146


          Article L. 331-9 of the Judicial Organisation Code is supplemented by a paragraph worded as follows:
          " The judge of the instance, however, exercises full rights, In this capacity, the functions of a local judge when no local judge has been assigned to the local court.

        • Section 2: Offsetting provisions for crimes Article 147


          I. -At the beginning of the second paragraph of Article 260 of the Code of Criminal Procedure, the words: A decree in the Council of State " Are replaced by the words: " An Order of the Minister of Justice
          . -In the last paragraph of Article 264 of the Code, the words: By decree in the Council of State " Are replaced by the words: " By order of the Minister of Justice ".

          Item 148


          I. -1. Article 267 of the Code of Criminal Procedure reads as follows:
          Art. 267. -At least 15 days before the opening of the session, the clerk of the sitting court shall convene, by mail, each of the appointed and alternate jurors. The meeting shall specify the date and time of the opening of the session, its foreseeable duration and the place where it will be held. It recalls the obligation, for every citizen required, to respond to such an invitation under penalty of being sentenced to the fine laid down in Article 288. It invites the juror summoned to refer, by return of the letter, to the clerk of the sitting court, the receipt attached to the summons, after having duly signed
          . If necessary, the Registrar may require the police or gendarmerie to The purpose of searching for the jurors who would not have responded to the summons and put it back to them. "
          2. At the end of the last paragraph of Article 266 of the Code, the words: Paragraphs 2 and 3 of " Are deleted.
          II. -Article 288 of the same code is thus amended:
          1 ° The fourth and fifth paragraphs read as follows:
          " Any juror who, without lawful reason, has not referred to the summons he has received may be fined 3,750 by the Court EUR.
          " The juror may, within ten days of the service of the conviction given to his or her person or at home, form an objection before the court of the sitting of the Court. " ;
          2 ° In the sixth paragraph, the word: " Quote " Is replaced by the word: " Convocation ".
          III. Article 256 of the same code reads as follows: '
          ' 7 ° Persons who have been convicted under Article 288 of this Code or those to whom the duties of a juror are prohibited pursuant to Article 131-26 of the Penal Code; ".

          Article 149


          Article 270 of the Code of Criminal Procedure reads as follows:
          " Art. 270. -If the accused is on the run or is not present, he may be found by default in accordance with the provisions of Chapter VIII of this
          . When the accused is on the run, the date of the hearing in which he or she must be tried by Shall, however, be served on him at his last known domicile or at the town hall of that domicile or, failing that, on the Public Prosecutor's Office of the Republic of the High Court where the sitting court sits, at least ten days before the beginning of the Hearing. "

          Article 150


          In the first paragraph of Article 281 of the Code of Criminal Procedure, after the words:" To the civil party, " Inserted the words: " As soon as possible and ".

          Article 151


          In the second paragraph of Article 307 of the Code of Criminal Procedure, after The words: " "Shall be inserted in the words" , from the civil side ".

          Article 152


          Article 308 of the Code of Criminal Procedure Is thus modified:
          1 ° The second paragraph is thus written:
          " However, the presiding judge may order that the proceedings be subject to sound recording in whole or in part. It may also, at the request of the victim or the civil party, order that the hearing or the testimony of the latter shall be subject, under the same conditions, to an audiovisual record. " ;
          2 ° In the first sentence of the fourth paragraph, after the word: " Audio "shall be inserted the words:" Or audiovisual " ;
          3 ° The second sentence of the fourth paragraph reads as follows:
          " Sound or audiovisual recordings may also Be used before the Court of Appeal, before the Court of Cassation of an application for review, or, after cassation or annulment on application for review, before the national court. "

          Article 153


          After Article 320 of the Code of Criminal Procedure, an article 320-1 reads as follows:
          " Art. 320-1. -Without prejudice to the provisions of the second paragraph of Article 272-1 and the second subparagraph of Article 379-2, the President may order that the accused who is not in pre-trial detention and who does not appear at the hearing Be brought before the Court of Assizes by the public force. "

          Article 154


          The third paragraph of Article 331 of the Code of Criminal Procedure is supplemented by a sentence so worded:
          " The Chairperson may authorize witnesses to assist with documents during their hearing. "

          Article 155


          In the first sentence of Article 339 of the Code of Criminal Procedure, after the words:" The hearing of a witness, Are inserted the words: " Or the interrogation of an accused ".

          Article 156


          I. -Article 380 of the Code of Criminal Procedure becomes Section 379-1 and Chapter VIII of Title I of Book II of the same code becomes Chapter IX.
          II. -In the tenth paragraph of article 20 of Order No. 45-174 of 2 February 1945 on juvenile delinquency, the reference: 380 " Is replaced by the reference: " 379-1 ".
          III. -After Article 379-1 of the Code of Criminal Procedure, a Chapter VIII is reinstated as follows:


          "Chapter VIII



          " Default in criminal matters


          " Art. 379-2. -The accused absent without a valid excuse at the opening of the hearing shall be deemed by default to be in accordance with the provisions of this Chapter. The same applies when the absence of the accused is noted in the course of the proceedings and it is not possible to suspend them until his return
          However, the court may also decide to refer the case back to a future session after having Issued arrest warrant against the accused if such a warrant has not already been awarded.
          " The provisions of this Chapter shall not apply in the cases provided for in Articles 320 and 322.
          " Art. 379-3. -The court shall examine the case and decide on the accusation without the assistance of the jurors, unless there are other defendants who are tried at the same time during the proceedings, or if the absence of the accused was found after the beginning of the
          . If A lawyer is present to defend the interests of the accused, the proceedings shall be conducted in accordance with the provisions of sections 306 to 379-1, with the exception of the provisions relating to the interrogation or presence of the accused
          In The absence of a lawyer to defend the interests of the accused, the court shall decide on the charge after hearing the civil or his attorney and the requisitions of the prosecutor's
          . In case of conviction to a custodial sentence Freedom, the court awards an arrest warrant against the accused, unless it has already been awarded.
          " Art. 379-4. -If the accused person convicted under the conditions laid down in article 379 (3) is a prisoner or if he is arrested before the sentence is extinguished by the statute of limitations, the judgment of the sitting court shall be unamended in all its provisions and shall be Proceeding with a re-examination of its case by the seated court in accordance with the provisions of sections 269 to 379-1.
          " The arrest warrant issued against the accused pursuant to section 379-3 shall be deemed to be a warrant of filing and the accused Remain in custody until his or her appearance before the sitting court, which must be brought within the period provided for in section 181 as of his or her detention, failing which he is immediately released.
          " Art. 379-5. -The call is not open to the person convicted by default.
          " Art. 379-6. -The provisions of this Chapter shall apply to persons returned for related offences. The court may, however, on the requisition of the public prosecutor and after hearing the submissions of the parties, order the disjunction of the proceedings concerning them. These persons are then considered to be referred to the court and may be considered by default. "
          IV. -Title Ier bis of Book IV of the same Code is repealed.

          Article 157


          Article 380-1 of the Code of Criminal Procedure shall be supplemented by Three paragraphs thus written:
          " The court shall rule without the assistance of jurors in the following cases:
          " 1 ° Where the accused, referred to the court only for a crime related to a crime, is the only appellant;
          " 2 ° When The public prosecutor's appeal for a judgment of conviction or acquittal relates to a crime related to a crime and there is no appeal against the criminal conviction.

        • Section 3: Rules for the Court of Cassation Article 158


          I. -Article 586 of the Code of Criminal procedure, the words: Under penalty of a civil fine of EUR 7.5 imposed by the Court of Cassation, ' Are deleted.
          II. Article 612-1 of the Code is supplemented by a paragraph worded as follows: '
          ' A convicted person who has not provided and for whose benefit the annulment of the conviction has been extended pursuant to the provisions of the first subparagraph shall not be condemned to A penalty greater than that imposed by the court whose decision was annulled. "
          III. Article 626-5 of the Code is supplemented by a paragraph worded as follows: '
          ' Except as provided in the first subparagraph, if the Commission, considering the justified request, proceeds in accordance with the provisions of Article 626-4, the person performing a Deprivation of liberty shall remain in custody, without such detention exceeding the duration of the sentence handed down, up to the decision, as the case may be, of the Court of Cassation in plenary or in the jurisdiction of the substance. That decision must be made within one year of the decision of the committee; in the absence of a decision within that period, the person shall be released, unless it is held for another cause. During this period, the person is considered to be remanded in custody, and may make requests for release under the conditions set out in sections 148-6 and 148-7. These applications are reviewed in accordance with sections 148-1 and 148-2. However, when the Commission referred the case to the plenary session of the Court of Cassation, the application for release is examined by the Trial Chamber of the Court of Appeal within the jurisdiction of the Court of Appeal. Sentenced him.

        • Section 1: General Article 159


          I. -Before Article 707 of the Code of Criminal Procedure, it Shall be inserted a division and a heading so worded as follows: Chapter I. -General provisions ".
          II. -Article 707 of the same code becomes Article 707-1 and Article 707 is thus reinstated:
          " Art. 707. -By decision or under the supervision of the judicial authorities, the penalties imposed by the criminal courts shall, except in insurmountable circumstances, be enforced in an effective and timely
          . Execution of sentences Promotes, in respect of the interests of society and the rights of victims, the insertion or reintegration of convicted persons and the prevention of recidivism
          To this end, the penalties may be laid down in the course of carrying out Account of the evolution of the personality and the situation of the convicted person. The individualisation of sentences should, whenever possible, allow for the gradual return of the condemned to freedom and avoid a release without any form of judicial follow-up. "
          III. -Article 707-1 of the Code is supplemented by two sub-paragraphs as
          : Payment of the amount of the fine must always be sought. However, the total or partial default of the payment of this amount may result in the imprisonment of the convicted person in accordance with the conditions laid down by
          . For the recovery of fines, the limitation period shall be interrupted by a command notified to the Or a seizure served on the convicted person. "
          IV. -Article 765-1 of the Code is repealed.

          Article 160


          After Article 709-1 of the Code of Criminal Procedure, an article shall be inserted 709-2 thus written:
          " Art. 709-2. -The Public Prosecutor shall draw up an annual report on the state and time limits for the execution of penalties, which includes, inter alia, a report drawn up by the general paymaster-payer on the recovery of fines within the jurisdiction of the court. The General Paying Treasurer shall communicate his report to the public prosecutor on the first working day of May. The report of the prosecutor of the Republic shall be made public before the last working day of June in the manner laid down by an order of the Minister of Justice. "

          Article 161


          After Article 712 of the Code of Criminal Procedure, a Chapter II shall be inserted as follows:


          "Chapter II



          " Enforcement jurisdictions



          "Section 1



          " Location and Composition


          " Art. 712-1. -The sentencing judge and the court for the enforcement of sentences constitute the courts for the application of the first degree of punishments which, under the conditions laid down by law, are to lay down the main terms and conditions The execution of custodial sentences or certain custodial sentences, by directing and controlling the conditions of their application
          The decisions of the sentencing judge and the court of application of the May be subject to appeal by way of appeal. The appeal shall be brought, in accordance with the distinctions provided for in this Chapter, before the Board of Appeal of the Court of Appeal, composed of a President of the Chamber and two councillors, or before the President of that Chamber. Appeals concerning the decisions of the judge or the court for the application of the sentences of French Guiana are brought before the detachable room of the court of appeal of Fort-de-France or its
          . Art. 712-2. -In each High Court, one or more judges of the seat are responsible for the functions of the sentencing judge.
          " These judges are appointed by decree after the opinion of the Supreme Council of the Judiciary. Their functions can be terminated in the same forms.
          " If a judge of the application of the sentences is temporarily prevented from carrying out his duties, the President of the High Court shall appoint another judge to replace
          . " Art. 712-3. -Within the jurisdiction of each Court of Appeal shall be established one or more courts for the application of the penalties whose territorial jurisdiction, corresponding to that of one or more courts of large instance of the jurisdiction, shall be fixed by decree. The court for the enforcement of sentences consists of a president and two assessors appointed by the first president among judges of the application of the sentences of the jurisdiction of the
          . In the overseas departments, at least one member The sentencing court is the judge of the application of the sentences. In the jurisdiction of the Court of Appeal of Fort-de-France, a court for the application of the sentences is also established at the Tribunal de Grande Instance in Cayenne and is composed of at least one judge of the application of sentences. In New Caledonia, in French Polynesia and in the communities of Mayotte and Saint-Pierre-et-Miquelon, the sentencing court may consist of a single member, judge of the application of the
          . The Debates " Contradictory proceedings shall take place at the headquarters of the various courts of the jurisdiction of the Court of Appeal or in the penitentiary institutions of that
          . The functions of public prosecutor are exercised By the Prosecutor of the Republic of the High Court where the adversarial debate is held or within the jurisdiction of which the penitentiary institution is situated.


          " Section 2



          "
          Proficiency and Procedure Before First Degree Jurisdictions


          " Art. 712-4. -Measures falling within the competence of the judge of the application of the sentences shall be granted, amended, postponed, refused, withdrawn or revoked by order or reasoned judgment of that judge acting ex officio, on the request of the convicted person or on Requisitions of the prosecutor of the Republic, according to the distinctions provided for the following
          . Art. 712-5. -Except in emergency cases, orders for remission orders, escorting exits and temporary absences shall be made after the opinion of the Sanctions Enforcement
          . This commission is Deemed to have delivered its opinion if it did not intervene within the period of one month from the date of its
          . The Sentence Enforcement Committee shall be presided over by the Sentencing Judge; the Public Prosecutor and The establishment manager are members of the right.
          " Art. 712-6. -Judgments concerning measures of external placement, day parole, splitting and suspension of sentences, placement under electronic supervision and conditional release are rendered, after the opinion of the representative of The prison administration, following an adversarial debate held in the Chamber of the Council, during which the judge of the application of the sentences hears the requisitions of the prosecutor's office and the observations of the sentenced person and, where appropriate, Those of his lawyer. If the offender is detained, this debate may be held in the penitentiary institution. The provisions of section 706-71.
          may be applied." The judge of the application of the sentences may, with the consent of the prosecutor of the Republic and that of the convicted person or his lawyer, grant one of those measures without a debate Contradictory.
          " The provisions of this Article shall also apply, except where otherwise provided by law, to the decisions of the judge for the application of penalties in respect of the penalties for socio-judicial follow-up, prohibition of residence, Work of general interest, suspended imprisonment with the test or the obligation to carry out a work of general interest, or measures to adjourment the sentence with probation.
          " Art. 712-7. -Measures concerning the raising of the security period, the conditional release or the suspension of sentences which do not fall within the competence of the sentencing judge shall be granted, postponed, refused, withdrawn or Dismissed by reasoned judgment of the court for the application of the sentences submitted on the application of the convicted person, on the requisition of the public prosecutor or on the initiative of the judge for the application of the penalties imposed by the sentenced person in application of the Article 712-10.
          " The judgments of the courts for the application of the sentences shall, after the opinion of the representative of the prison administration, be rendered at the end of an adversarial debate held in the Chamber of the Council, during which the Court shall hear the requisitions of the public prosecutor and the observations of the convicted person and, where appropriate, those of his lawyer. If the offender is detained, this debate may be held in the penitentiary institution. The provisions of section 706-71.
          may be applied." Art. 712-8. -Decisions amending or refusing to amend the measures referred to in the first and third paragraphs of Article 712-6 or the obligations arising out of those measures or measures ordered by the court for the application of penalties in Application of Article 712-7 shall be made by reasoned order of the judge of the application of the penalties, unless the public prosecutor requests that they be the subject of a judgment taken after a contradictory debate in accordance with the provisions of Article 712-6.
          " Art. 712-9. -If the non-detained person, duly summoned to the address declared to the judge of the application of the penalties under the supervision of which he is placed, does not appear, without lawful reason, to the adversarial debate provided for in Articles 712-6 or 712-7, the Judge of the application of the penalties or the court for the application of the penalties may decide in his absence. The period of appeal shall then be limited to the notification of the judgment made at that address subject to the provisions of the following
          . If it is not established that the convicted person has been informed of such notification and that the judgment has Ordered the revocation or withdrawal of the measure of which he or she was entitled, the appeal shall remain admissible until the expiry of the limitation periods of the sentence and the time limit for appeal shall be counted from the date on which the judgment was heard by the sentenced person. In the event of an appeal, the hearing of the person sentenced by the Chamber of the application of the penalties shall then be entitled, where appropriate, in accordance with the procedure laid down in Article 706-71
          Art. 712-10. -territorially competent the judge for the application of the sentences of the court within the jurisdiction of which is situated either the penitentiary in which the sentenced person is collapsed or, if the convict is free, the residence Or, if he or she does not have a habitual residence in France, the judge of the application of the sentences of the court in whose jurisdiction the court has ruled at first instance.
          " When an investment measure is The outside or semi-liberty must be executed outside the jurisdiction of the judge of the application of the penalties ordered, the sentenced person shall then be entered in the register of nut of the penitentiary establishment located in the vicinity of the place of performance of the measure; The judge for the application of the penalties responsible for, where appropriate, specifying or amending the manner in which the measure is to be carried out, pronounce or propose its withdrawal, is that of the court in whose jurisdiction that establishment is situated Penitentiary.
          " Where an investment measure under electronic supervision or a conditional release has been granted, the judge for the enforcement of the territorially competent punishments is that of the court in which Finds the place of assignment of the convicted person or his habitual residence as determined by the decision granting the
          . The territorial jurisdiction defined in this Article shall be assessed on the date of referral to the judge of the application of the penalties; After the initial referral, the court may, on the application of the convicted person or on the requisition of the public prosecutor, refuse the application to the judge for the application of the sentence of the new place of detention or the new habitual residence of the person concerned. When it is located in another jurisdiction. The court of the application of the sentences of the court of appeal shall be territorially competent in the jurisdiction of which the convict habitually resides, is shredded or executes his sentence according to the distinctions of this article.


          "Section 3



          " From Procedure to Call


          " Art. 712-11. -Decisions of the judge on the application of the sentences and the court of application of the sentences may be challenged by the appeal by the convict, by the public prosecutor and by the attorney general, from their Notification:
          " 1 ° Within 24 hours in relation to the orders referred to in Articles 712-5 and 712-8;
          " 2 ° Within the ten-day period for the judgments referred to in Articles 712-6 and 712-7.
          " Art. 712-12. -The appeal of the orders referred to in Articles 712-5 and 712-8 shall be brought before the President of the Chamber of Enforcement of the sentences of the Court of Appeal, which shall make a reasoned order on the basis of the written observations of the Public Prosecutor's Office and Those of the convicted person or his counsel.
          " Art. 712-13. -The appeal of the judgments referred to in Articles 712-6 and 712-7 shall be brought before the Chamber of the application of the sentences of the Court of Appeal, which shall act on the basis of a reasoned judgment after an adversarial debate in which the requisitions of the Public Prosecutor's Office and the representations of counsel for the convicted person. The convicted person shall not be heard by the Chamber unless the Chamber decides otherwise. His hearing shall then be carried out, in the presence of his lawyer or duly summoned, either in accordance with the procedure laid down in Article 706-71, or by a member of the court, in the prison where he is
          . For the examination of the appeal of the judgments referred to in the first two paragraphs of Article 712-7, the Chamber of Appeal of the Court of Appeal shall be composed, in addition to the President and the two assessors, of an official of a Association for the rehabilitation of convicted persons and an official of an aid association for victims. For the purposes of the provisions of this paragraph, the jurisdiction of a court of appeal may be extended to the jurisdiction of several courts of appeal by an order establishing the list and the jurisdiction of those
          . If it confirms a judgment having Refusal to grant one of the measures referred to in Articles 712-6 or 712-7, the Board may fix a time limit during which any new application for the granting of the same measure will be inadmissible. This period shall not exceed one third of the time remaining to be held or three years.
          " Art. 712-14. -The decisions of the sentencing judge and the sentencing court shall be enforceable by provision. However, where the appeal of the public prosecutor is lodged within 24 hours of the notification, it shall suspend the execution of the decision until such time as the Chamber of Appeal of the Court of Appeal or its President has decided. The case must be considered no later than two months after the appeal of the public prosecutor's office, otherwise the prosecutor's office is not in the
          . Art. 712-15. -The orders and judgments referred to in Articles 712-12 and 712-13 may, within five days of their notification, be subject to an appeal in cassation which is not suspensive.


          " Section 4



          "Common provisions


          " Art. 712-16. -In the exercise of their powers, the courts of the application of the penalties may proceed or cause to be carried out, throughout the national territory, for all examinations, hearings, investigations, examinations, requisitions, including those Article 132-22 of the Penal Code, or other useful measures. Such investigations may relate, where appropriate, to the consequences of the measures of individualisation of the penalty in relation to the situation of the victim, in particular in the case provided for in Article 720. Where they consider it appropriate, the courts for the application of the penalties may, before any decision, inform the victim or the civil party, directly or through his lawyer, that the victim or the civil party may submit his observations in writing in a 15 days from notification of this information.
          " Art. 712-17. -The sentencing judge may issue a warrant to bring against a convicted person under his or her supervision in the event of failure to comply with his or her
          . If the convicted person is on the run or resides abroad, It may issue an arrest warrant. The issuance of the arrest warrant shall suspend, until the execution of the warrant, the execution of the sentence or the development
          . If the person is discovered, it shall be carried out in accordance with the following
          . The prosecutor of the Republic of the place of arrest is notified at the beginning of the detention of the person by the police or gendarmerie. During detention, which cannot take longer than 24 hours, the provisions of Articles 63-2 and 63-3 shall be
          . The person shall be conducted as soon as possible, and at the latest within 24 hours of his or her Arrest, before the prosecutor of the Republic of the High Court in whose jurisdiction the judge for the application of the relevant penalties is based. After verifying his identity and having notified him of the warrant, the judge shall present it before the judge of the application of the penalties which proceeds in accordance with the provisions of Article 712-6.
          " If the appearance before the judge of The application of sentences is not possible, the person is presented before the judge of liberty and detention. The judge may, on the requisition of the prosecutor of the Republic, order the imprisonment of the convicted person until his or her appearance before the sentencing judge, who must intervene within eight days or in the following month, as the case may be. A correctional procedure or criminal procedure.
          " If the person is arrested more than 200 kilometres from the seat of the sentencing judge and it is not possible to drive the person within 24 hours The prosecutor of the competent Republic under the fifth paragraph shall be brought before the prosecutor of the Republic of the place of arrest, who verifies his or her identity, notifies him of the warrant and receives any statements after he has Warning that she is free not to do so. The judge then carries out the term of office by bringing the person to the arrest house; he notifies the judge of the application of the terms of the warrant. The latter shall order the transfer of the person, who must appear before him within four days of the notification of the warrant; this period shall be extended to six days in the case of a transfer between an overseas department and metropolitan France or Another overseas department.
          " Art. 712-18. -In the event of non-compliance with the obligations of the convicted person with a measure of day parole, external placement or placement under electronic supervision, the judge of the application of the sentence may, after the State prosecutor, order suspension of the measure.
          " Failing the conduct of the adversarial debate provided for in Article 712-6 within 15 days following the imprisonment of the convicted person resulting from that suspension, the person Is released if it is not owned for another reason.
          " Art. 712-19. -In the event of non-compliance with the obligations incumbent on the convicted person subject to probation, a stay with the obligation to carry out work of general interest, judicial follow-up, suspension or Sentencing or parole, the sentencing judge may, after counsel for the Republic, order the provisional incarceration of the convicted
          . The interim incarceration order may be By the sentencing judge of the place where the convicted person is found.
          " Failing the conduct of the adversarial debate provided for in Article 712-6 within 15 days following the imprisonment of the convicted person, the convicted person shall be released He is not detained for another reason. This period shall be extended to one month when the adversarial debate is to be made before the sentencing court under the provisions of Article 712-7.
          " Art. 712-20. -The violation by the convict of the obligations to which he is bound, committed during the period of execution of one of the measures, including suspension with probation or obligation to carry out work of general interest, referred to in the Articles 712-6 and 712-7 may give rise to the revocation or withdrawal of the measure after the date of expiry of the measure when the judge or court of the application of the competent punishments has been seized or seized for that purpose at the latest in a One month after this date.
          " Art. 712-21. -The measures referred to in Articles 712-5, 712-6 and 712-7, with the exception of reductions in penalties which do not result in immediate release and exit permits under escort, cannot be granted without psychiatric expertise A person convicted of an offence referred to in section 706-47. This expertise is carried out by two experts when the person has been convicted of the murder, murder or rape of a fifteen-year-old
          . Art. 712-22. -A decree specifies the conditions for the application of the provisions of this Chapter. "

          Article 162


          I. -After Article 728-1 of the Code of Criminal Procedure, a Chapter V is inserted entitled: From the transfer of Sentenced persons " And includes sections 713-1 to 713-8 that become items 728-2 to 728-9.
          II. -At the end of the last paragraph of Article 627-18 of the Code, the words: 713-1 to 713-7 " Are replaced by the words: " 728-2 to 728-8 ".
          III. -In the first paragraph of Article 769 of the same Code, the references: 713-3 " And " 713-6 " Are replaced by references respectively: " 728-4 " And " 728-7 ".
          IV. -In Article 728-2 of the same Code as the result of the I, the words: Sections 713-2 to 713-6 " Are replaced by the words: " Of this Chapter ".
          V.-It shall be inserted after Article 717-1 of the same code as is the result of Article I of the Article 168 of this Act, section 717-1-1 reads as follows:
          " Art. 717-1-1. -The sentencing judge shall give his or her opinion, except as a matter of urgency, on the transfer of convicted persons from one institution to another. "
          VI. -At the end of the first paragraph of Article 720-1 of the Code, the reference: 722 " Is replaced by the reference: " 712-6 ".
          VII. -In the second sentence of Article 720-5 of the Code, the words: The regional court of parole under the conditions set out in section 722-1 " Are replaced by the words: " The court for the enforcement of sentences in The requirements of section 712-7 ".
          VIII. -In the first sentence of the second paragraph of Article 729-2 of the Code, the words: The regional jurisdiction for parole " Are replaced by the words: " The sentencing court ".
          IX. -Article 730 of the same code is thus amended:
          1 ° In the first subparagraph, the words: By Article 722 " Are replaced by the words: " By Article 712-6 " ;
          2 ° In the second paragraph, the words: " By the regional court of discharge Under the terms of section 722-1 " Are replaced by the words: " By the court for the application of the penalties in accordance with the procedure laid down in Article 712-7
          . -1. At the end of the last paragraph of Article 732 of the Code, the words: The regional jurisdiction for parole " Are replaced by the words: " The sentencing court ".
          2. In the first paragraph of the same article, the words: The regional jurisdiction for parole, Are replaced by the words: " The sentencing court, this court ".
          XI. -In the first paragraph of Article 733 of the Code, the words: , after notice of the prison service of insertion and probation, by the judge of the application of the penalties competent for its implementation, or, on the proposal of that judge, by the Regional parole jurisdiction " Are replaced by the words: " Either by the judge of the application of the penalties or by the court for the application of the penalties, in accordance with the rules laid down in Articles 712-6 or 712-7 "
          XII. -The last sentence of the first paragraph of Article 733 of the Code reads as follows:
          " The same is true when the parole decision has not yet been issued and the convicted person no longer fulfils the legal requirements for To benefit from it. "
          XIII. -The second paragraph of Article 733 of the Code is deleted.
          XIV. -Sections 709-1, 722, 722-1, 722-1-1, 722-2 and 733-1 of the Code are
          . -Section 5 of Chapter II of Title II of Book V of the Code is repealed and Sections 6 and 7 of this Chapter become Sections 5 and 6
          . -Article 763-5 of the same code is thus amended:
          1 ° The last three sentences of the first subparagraph are replaced by a sentence so worded:
          " This decision shall be taken in accordance with the provisions of Article 712-6. " ;
          2 ° The second, third and fourth paragraphs are replaced by a paragraph worded as follows:
          " In the event of non-compliance with the obligations or directions for care, the provisions of Article 712-17 shall apply. "
          XVII. -Article 739 of the same code is thus amended:
          1 ° The first paragraph reads as follows:
          " Where a conviction is suspended with probation, the convicted person shall be placed under the supervision of the sentencing judge Territorially competent in accordance with Article 712-10. " ;
          2 ° The second subparagraph is supplemented by the following words: " Pursuant to the provisions of Article 712-8 " ;
          3 ° The penultimate and last paragraphs are deleted.
          XVIII. -The second paragraph of Article 763-3 of the Code reads as follows:
          " Its decision is enforceable by provision. It may be challenged by the means of appeal by the convicted person, the public prosecutor and the attorney general, as from his notification in accordance with the procedure laid down in Article 712-11. "
          XIX. Article 868-1 of the Code reads as follows:
          " Art. 868-1. -By way of derogation from the provisions of the second and third paragraphs of Article 712-2, the President of the Court of First Instance of Wallis and Futuna shall exercise the functions of a judge of the application of penalties. It shall exercise the powers conferred on the courts for the application of penalties in accordance with the provisions of the second paragraph of Article 712-3. "
          XX. Article 901-1 of the Code reads as follows:
          " Art. 901-1. -By way of derogation from the provisions of the second and third paragraphs of Article 712-2, the President of the Court of First Instance shall exercise the functions of a judge of the application of penalties. It shall exercise the powers conferred on the courts for the application of penalties in accordance with the provisions of the second paragraph of Article 712-3. "
          XXI. -Article 934 of the same code reads as follows:
          " Art. 934. -By way of derogation from the provisions of the second and third paragraphs of Article 712-2, the President of the Court of First Instance shall exercise the functions of a judge of the application of penalties. It shall exercise the powers conferred on the courts for the application of penalties in accordance with the provisions of the second paragraph of Article 712-3. "
          XXII. -Chapter III of Title IV of the book Ier of the Code of the Judiciary is repealed
          -In Article 723-6 of the Code of Criminal Procedure, the reference: 722 " Is replaced by the reference: " 712-5 ".
          XXIV. -In Article 786 of the Code, the words: Fourth paragraph " Are replaced by the words: " Third paragraph ".
          XXV. -Sections 869 and 870 of the Code are repealed.
          XXVI. Article L. 630-3 of the code of the judicial organisation reads as follows:
          " Art. L. 630-3. -There is, within the jurisdiction of each Court of Appeal, one or more courts of first instance known as the courts for the enforcement of penalties. The rules on the composition, competence and functioning of the court for the enforcement of sentences are laid down in Articles 712-1 and following of the Code of Criminal Procedure. The seat of the courts for the enforcement of sentences is laid down by regulation. "

          Article 163


          In the first paragraph of Article 708 of the Code of Criminal Procedure, after the words: Execution ", are inserted The words: " Of the sentence or penalties ".

          Article 164


          In Article 716-2 of the Code of Criminal Procedure, the word: Completed " Is replaced by the word: " Numbered ".

        • Section 2: Provisions for applying penalties for minors Article 165


          Article 20-9 of Ordinance No. 45-174 of 2 February 1945 on juvenile delinquency is thus
          : Art. 20-9. -In the case of a conviction handed down by a specialised court for minors, the juvenile judge shall exercise the functions vested in the judge of the application of the penalties by the criminal code and the code of criminal procedure, until the person Reached the age of twenty-one years. The Children's Court shall exercise the powers conferred on the Juvenile Court and the Children's Special Chamber shall exercise the powers conferred on the Chamber of the Application of Sentences
          However, when the offender reaches the age of Eighteen years on the day of the judgment, the judge of the children shall have jurisdiction only if the specialised court decides by special
          . As a result of the minor's personality or the duration of the sentence, the juvenile judge may To divest the judge of the application of the sentences when the convicted person has reached the age of eighteen
          . For the preparation of the execution, implementation and follow-up of the sentences referred to in the first paragraph, the judge of the children Designates whether there is a public sector service for the judicial protection of youth. This service ensures compliance with the obligations imposed on the convicted person. The Children's Judge may also designate the Prison for Insertion and Probation Service for this purpose when the sentenced person has reached the age of
          . A decree shall, as appropriate, lay down the conditions for the application of this Article. "

          Article 166


          After Article 20-9 of Order No. 45-174 of 2 February 1945, it is inserted an Article 20-10 as follows Written:
          " Art. 20-10. -In the case of a conviction handed down by a specialized court for minors to imprisonment with a stay of probation or a stay with the obligation to carry out work of general interest, the court Judgment may, if the personality of the minor justifies it, attach any of the measures set out in Articles 16 and 19 to any of the measures which may be amended for the duration of the execution of the sentence by the juvenile judge. In particular, it may decide to place the minor in a closed educational centre under Article 33.
          " The court of judgment may, under the conditions laid down in Article 132-43 of the Criminal Code, impose an obligation to respect The conditions for the performance of the measures referred to in the first subparagraph; failure to comply with this obligation may result in the suspension of the stay with the test and the execution of the penalty of imprisonment
          In all cases provided for by Article 20-9 of this Ordinance, where it is a sentence or a development of sentence for which the sentencing judge may impose on the convicted person one or more of the suspended obligations with respect to The child judge may also impose on the convicted person one of the measures referred to in Articles 16 and 19, which may be amended during the execution of the
          . The person in charge of the service who is responsible for the Execution of the sentence must report to the public prosecutor as well as to the juvenile judge in the case of non-compliance by the minor with the obligations imposed on him. "

          Item 167


          I. -In the first paragraph of Article 727 of the Code of Criminal Procedure, after the words: The investigating judge, ", Are inserted the words: " The Children's Judge, ".
          II. -The last paragraph of Article 747-3 of the Code is
          . -Section 763-8 of the Code is
          . -The first sentence of the second paragraph of Article 20 (5) of Order No. 45-174 of 2 February 1945 is deleted.
          V. Article 20-7 of the same order is thus amended:
          1 ° In the first subparagraph, the references: 132-58 to 132-62 " Are replaced by the words: " 132-58 to 132-65 " ;
          2 ° In the last paragraph, references: " 132-63 to 132-70-1 " Are replaced by the words: " 132-66 to 132-70 "

        • Section 3: Provisions on the rights of Victims Item 168


          I. -Articles 718, 719, 720, 720-1 AA and 720-1-A of the Code of Criminal Procedure become the Items 717-1, 717-2, 717-3, 718 and 719.
          II. -In the last paragraph of Article 706-47-1, as set out in Article 47 and in the first paragraph of Article 763-7 of the same Code, the reference: 718 " Is replaced by the reference: " 717-1 ".
          III. -Article 720 of the same code is thus reinstated:
          " Art. 720. -Prior to any decision resulting in the temporary or permanent cessation of the imprisonment of a person sentenced to deprivation of liberty before the due date of the sentence, the sentencing judge or the court The application of the penalties shall take into account the interests of the victim or the civil party with regard to the consequences thereof for that decision
          In the case of application of the provisions of Articles 720-1 (first subparagraph), 721-2, 723-4, 723-10 and 731, where there is a risk that the convicted person may be present in the presence of the victim or the civil party and that such a meeting appears to have to be avoided, the court shall prohibit the offender from receiving, meeting or Enter into relationship with it in any way.
          " To this end, the court gives the victim a notice informing him of this measure; if the victim is a civilian, this opinion is also addressed to his lawyer. This notice shall specify the consequences of the non-compliance with this prohibition.
          " The court may, however, fail to address this opinion when the personality of the victim or the civil party justifies it, Where the victim or the civil party has made known that it does not wish to be notified of the procedures for the execution of the sentence or in the case of a temporary cessation of the imprisonment of the convicted person of a duration not exceeding the maximum duration Allowed for output permissions. "
          IV. -The first paragraph of Article 720-1 of the Code is supplemented by the following sentence:
          " The judge may decide to submit the sentenced person to one or more of the obligations or prohibitions laid down in Articles 132-44 and 132-45 of the Code Criminal. "
          V.-After section 721-1 of the same code, an article 721-2 reads as follows:
          " Art. 721-2. -The judge of the application of the penalties may, in accordance with the procedure laid down in Article 712-6, order that the convicted person who has received one or more of the reductions in penalties provided for in Articles 721 and 721-1 be submitted after his release To the prohibition of the receipt of the civil party, to meet or to enter into a relationship with it in any way, for a period which may not exceed the total of the reductions of penalties for which it has benefited. This decision shall be taken prior to the release of the convicted person, if necessary at the same time as the last reduction of
          . The prohibition referred to in the preceding paragraph may be accompanied by the obligation to compensate The civil part.
          " In the case of non-compliance by the convicted person with the obligations and prohibitions imposed on him, the sentencing judge may, in accordance with the provisions of Article 712-6, withdraw all or part of the duration of the Reductions in the sentence he has received and order his re-imprisonment. The provisions of Article 712-17 shall apply. "
          VI. Article 723-4 of the same code is thus reinstated:
          " Art. 723-4. -The judge of the application of the penalties may make the award conditional on the person being placed on the outside, on day parole or on leave to comply with one or more obligations or prohibitions laid down in Articles 132-44 and 132-45 of the Penal Code. "
          VII. Article 723-10 of the Code is supplemented by a paragraph worded as follows: '
          ' In particular, it may submit the convicted person to one or more of the control measures or obligations referred to in Articles 132-44 and 132-45 of the Criminal Code. "
          VIII. -The first paragraph of Article 731 of the Code is supplemented by the following sentence:
          " In particular, the latter may be subject to one or more of the control measures or obligations referred to in Articles 132-44 and 132-45 of the Code Criminal. "

          Article 169


          In the fifth paragraph of Article 706-3 of the Code of Criminal Procedure, after the references:" 222-22 to 222-30 ", Are inserted the references: " , 225-4-1 to 225-4-5 ".

          Article 170


          After Article 706-5 of the Code of Criminal Procedure, it is Insert an article 706-5-1 written as follows:
          " Art. 706-5-1. -The claim for compensation, together with the supporting documents, shall be transmitted without delay by the Registry of the Compensation Commission to the Victims of Terrorism and Other Offences Guarantee
          . It shall be held, Within two months of receipt, to present to the victim an offer of compensation. The refusal to offer compensation by the guarantee fund must be justified. These provisions shall also apply in the event of an aggravation of the
          . In the event of acceptance by the victim of the offer of compensation, the guarantee fund shall forward the finding of agreement to the chairman of the compensation committee for the purpose Certification.
          " In the event of a refusal of the guarantee fund, or of the victim's disagreement with the offer made to it, the investigation of the case by the chairman of the committee or the assessor prosecutor continues.
          " The Terms Pursuant to this Article shall be fixed by decree in the Council of State. "

          Article 171


          The second paragraph of Article 728-1 of the Code of Criminal Procedure is supplemented by a sentence so worded:
          " Where the guarantee fund for victims of terrorist acts and other offences comes under the provisions of Article 706-11, it shall be treated as a civil party and shall enjoy the same rights as soon as the Profit of the civil parties has taken place. "

          Article 172


          After Article L. 135 L of the book of tax procedures, it is inserted an article L. 135 M thus written:
          " Art. L. 135 M.-The tax administration transmits to the guarantee fund victims of acts of terrorism and other offences the information relating to the situation of convicted persons who have to provide financial compensation for the damage they have caused.

        • Section 4: Provisions on fine-day and general interest penalties, socio-judicial follow-up, probation with probation, and deferment with probation Article 173


          The Penal Code is thus modified:
          1 ° At the end of the second sentence of Article 131-5, the sum: " 300 EUR " Is replaced by the sum: " 1000 EUR " ;
          2 ° The first two sentences of the last paragraph of article 131-25 read:
          " The total or partial default of the payment of this amount shall result in the imprisonment of the convicted person for a period corresponding to the number of fine days Unpaid. It is done as a matter of judicial compulsion. "

          Article 174


          The Penal Code is thus modified:
          1 ° In the first paragraph of Article 131-8, the words:" Two hundred and forty " Are replaced by the words: " Two hundred and ten " ;
          2 ° The first sentence of the first subparagraph of Article 131-22 is replaced by two sentences thus written:
          " The court making the sentence of work of general interest shall fix the time limit During which work of general interest is to be carried out within the twelve-month limit. It may also fix the imprisonment and the fine incurred by the convicted person in the event of the execution of the sentence. "

          Article 175


          I. -In the first sentence of the penultimate subparagraph of Article 132-40 of the Penal Code, the words: Notifies the Condemned, when present, " Are replaced by the words: " Notify the offender, when present, of the obligations to be met during the stay with the test and the warning ".
          II. -In the first paragraph of Article 132-42 of the Code, the words: Eighteen " Are replaced by the word: " 12 ".

          Item 176


          Article 132-45 of the Criminal Code is supplemented by a 16 ° and a 17 ° thus written:
          " 16 ° refrain from disseminating any work or audiovisual work of which he is the author or co-author and which would, in whole or in part, deal with the infringement And refrain from any public intervention in relation to this offence; the provisions of this paragraph shall apply only in the event of a conviction for crimes or offences of wilfully committed life, sexual assault or Sexual abuse;
          " 17 ° Return its children in the hands of those to whom the custody has been entrusted by a court decision; ".

          Article 177


          I. -The last sentence of the last paragraph of Article 132-54 of the Criminal Code is supplemented by the following words: Unless the provisions of the last paragraph of Article 132-55 have been applied.
          II. -The last sentence of the last paragraph of Article 132-55 of the Code is supplemented by the following words: Which has specified the duration that cannot exceed twelve months ".

          Article 178


          Article 132-54 of the Criminal Code is thus amended:
          1 ° In the first paragraph, the words: " Two hundred and forty " Are replaced by the words: " Two hundred and ten " ;
          2 ° After First subparagraph, it shall be inserted a paragraph worded as follows:
          ' The court may decide that the obligations imposed on the convicted person will continue beyond the performance of the work of general interest, within a time limit which may not exceed twelve months. "

          Item 179


          I. -Article 132-57 of the Penal Code is thus amended:
          1 ° The beginning of the first sentence reads as follows: Where a conviction for a common law offence involving a term of imprisonment of not more than six months has been pronounced, the sentencing judge may, where ... (the rest without change). " ;
          2 ° At the end of the first sentence, the words: " Two hundred and forty " Are replaced by the words: " Two hundred and ten " ;
          3 ° It is complemented by a sentence so written:
          " The sentencing judge may also decide that the Shall pay a fine-day, in accordance with the provisions of Articles 131-5 and 131-25. "
          II. Article 747-2 of the Code of Criminal Procedure reads as follows:
          " Art. 747-2. -In the case provided for in Article 132-57 of the Penal Code, the judge of the application of the penalties shall be seized and shall act in accordance with the provisions of Article 712-6
          Upon referral, the sentencing judge may order the suspension of the Execution of the sentence until its decision on the merits.
          " A stay may only be ordered if, after having been informed of the right to refuse to carry out work of general interest, the convicted person expressly stated that he Claim this right. "

          Article 180


          The first paragraph of Article 132-65 of the Criminal Code is supplemented by a sentence so worded:
          " With the agreement The prosecutor of the Republic, the judge of the application of the penalties may, thirty days before the hearing of the reference, dispense the sentence himself, after a contradictory debate held in accordance with the provisions of Article 712-6 of the Code Criminal procedure. "

          Article 181


          After Article 733 of the Code of Criminal Procedure, a Title III bis reads as follows:


          "TITLE III BIS



          " GENERAL INTEREST JOB


          " Art. 733-1. -The judge of the application of the penalties may, ex officio, at the request of the person concerned or on the requisition of the public prosecutor, order by a reasoned decision to substitute a fine-day penalty for work of general interest. This decision shall be taken at the end of an adversarial debate in accordance with the provisions of Article 712-6.
          " Art. 733-2. -In the event of non-performance of a work of general interest, the judge of the application of the penalties may, ex officio or on the requisition of the public prosecutor, order the execution of the imprisonment and the fine by a reasoned decision By the court of judgment under the first paragraph of Article 131-22 of the Criminal Code. Execution can be all or part of this sentence.
          " This decision shall be taken at the end of an adversarial debate in accordance with the provisions of Article 712-6.
          " In the event of non-performance of the work of general interest, the provisions of Article 712-17 shall apply. "

          Article 182


          The last sentence of Article 132-47 of the Penal Code reads as follows:
          " If the revocation is ordered Whereas the conviction had not yet acquired a definitive character, it lapsed in the event that the conviction would subsequently be overturned or annulled. "

          Item 183


          I. -In the second paragraph of Article 132-47 of the Criminal Code, the words: The jurisdiction responsible for the application of Punishments " Are replaced by the words: " The sentencing judge ".
          II. -The last paragraph of Article 741 of the Code of Criminal Procedure reads as follows:
          " In the event of non-compliance with the obligations, the provisions of Article 712-17 shall apply. "
          III. -Sections 741-1, 741-2 and 741-3 of the Code are repealed.
          IV. -Article 742 of the same code reads as follows:
          " Art. 742. -Where the convicted person does not comply with the control measures or specific obligations imposed under section 739, where he has committed an offence followed by a conviction on the occasion of which the revocation of the stay has not Has not been pronounced, the judge for the application of the penalties may, ex officio or on the requisition of the public prosecutor, order the extension of the test period by reasoned order. It may also, under the conditions laid down in Articles 132-49 to 132-51 of the Penal Code, revoke in whole or in part the
          . The decision shall be taken in accordance with the provisions of Article 712-6
          These provisions shall apply Even where the test period fixed by the court has expired, where the reason for the extension of the time limit or revocation occurred during the test period. "
          V. Articles 743 and 744 of the same code read as follows:
          " Art. 743. -Where the judge for the application of the penalties extends the test period, that period shall not be more than three years
          Art. 744. -If the convicted person complies with the control and assistance measures and the specific obligations imposed pursuant to Article 739, and if his reclassification appears to be acquired, the sentencing judge may declare the conviction invalid Against him. The judge of the application of the penalties may not be seized for that purpose or before the expiry of a period of one year from the day on which the conviction became final
          The decision shall be taken in accordance with the provisions of Article 712-6. "
          VI. -Sections 742-1 and 744-1 of the Code are repealed.
          VII. -In the fourth paragraph (3 °) of Article 747-1 of the Code, the reference: 742-1 " Is replaced by the reference: " 743 ".
          VIII. -In the last paragraph (4 °) of Article 747-1 of the Code, the reference: 743 " Is replaced by the reference: " 744 ".
          IX. -The second paragraph of Article 740 of the Code is
          . -In Article 132-53 of the Criminal Code, the reference: 743 " Is replaced by the reference: " 744 ".
          XI. -Article 747-3 of the Code of Criminal Procedure is thus amended:
          1 ° In the first paragraph, the words: The second paragraph of Article 740 and those " Are deleted;
          2 ° The second paragraph is thus written:
          " The judge of the application Penalties may develop, modify or remove the specific obligations imposed on the accused or provide for new offences under the provisions of section 712-8. " ;
          3 ° After the third subparagraph, a paragraph shall be inserted as follows:
          " Where the judge for the application of the sentence applies the provisions of Article 712-17, he may decide, by reasoned order, on the requisition of the Prosecutor of the Republic, that the sentenced person will be temporarily detained in the nearest prison. The court shall hear the sentence as soon as possible in order to rule on the sentence. The case must be recorded at the hearing at the latest within five days of the defendant's nut, failing which the person concerned shall be released ex officio. " ;
          4 ° The penultimate paragraph is deleted.
          XII. -The last sentence of article 747-4 of the code is deleted.
          XIII. -At the end of the second paragraph of Article 716-4 of the Code, the words: Sections 741-2 and 741-3 " Are replaced by the words: " The sixth paragraph of Article 712-17 and Article 747-3 ".
          XIV. -In the second paragraph of Article 762-2 of the Code, the words: Articles 741 and 741-1 shall apply " Are replaced by the words: " Article 712-17 shall apply ".
          XV. -The second paragraph of Article 762-4 of the Code reads as follows:
          " At any time during the period of the prohibition of residence, the judge for the application of the sentence may, after hearing the sentence and notice of the prosecutor of the Republic, amend the List of prohibited places and monitoring and assistance measures under the conditions laid down in Article 712-5. "
          XVI. -1. The first sentence of the first paragraph of Article 762-5 of the Code is supplemented by the following words: As set out in section 712-6 ".
          2. The last sentence of the same subparagraph is deleted.

          Article 184


          After Article 747-1 of the Code of Criminal Procedure, it shall be inserted Section 747-1-1 thus written:
          " Art. 747-1-1. -The judge of the application of the penalties may, at the request of the person concerned or on the requisition of the public prosecutor, order by a reasoned decision to substitute the stay with the obligation to carry out a work of interest General a fine-day penalty. This decision shall be taken in accordance with the provisions of Article 712-6.

        • Section 5: Arrangements for semi-liberty or electronic monitoring Article 185


          I. Article 723-2 of the Code of Criminal Procedure reads as
          : Art. 723-2. -Where the provisions of Article 132-25 of the Criminal Code have been applied, the judge of the application of the penalties shall lay down the procedure for the execution of day parole by order not subject to appeal, within a maximum period of four Months from the date on which the conviction is enforceable. If the conditions that have allowed the court to decide that the sentence would be imposed on day parole or placement outside the court are no longer fulfilled, if the convicted person fails to meet the obligations imposed on him or her Evidence of misconduct, the benefit of the measure may be withdrawn by the judge from the application of the penalties by a decision taken in accordance with the provisions of Article 712-6. If the person of the convicted person or the means available so warrant, the judge of the application of the sentences may also, in the same manner, substitute the measure of semi-liberty for the measure of placement outside and vice versa, or Substitute one of these measures for placing under electronic surveillance. "
          II. -Subsection 1 of Section 2 of Chapter II of Title III of the Book I of the Penal Code is entitled: Semi-freedom, external placement and placement under electronic supervision ".
          III. -Before Article 132-25 of the same Code, it shall be inserted a division entitled: Paragraph 1. Day parole and placement outside ".
          IV. -Article 132-25 of the Code is supplemented by two sub-paragraphs thus written:
          " In the cases provided for in the preceding paragraph, the court may also decide that the sentence of imprisonment will be carried out under the The outside.
          " Where an order has been ordered for the placement or detention of the convicted person pursuant to Article 397-4 of the Code of Criminal Procedure, the court which applies this article may order the provisional execution of Day parole or placement outside. "
          V. Article 132-26 of the same code is supplemented by two sub-paragraphs thus written:
          " A convict who is admitted for the benefit of the outside placement shall be employed outside a penal institution on work controlled by Administration.
          " The court of judgment may also subject the convicted person to the benefit of day parole or placement outside the measures provided for in Articles 132-43 to 132-46. "
          VI. -It is inserted after Article 132-26 of the same code, a paragraph 2 read as follows:


          "Paragraph 2



          " Placement under electronic surveillance


          " Art. 132-26-1. -Where the court of judgment pronounces a sentence equal to or less than one year's imprisonment, it may decide in respect of the convicted person who justifies either the exercise of a professional activity or his attendance at an education Vocational training or a traineeship or temporary employment for the purpose of social inclusion, either of its essential participation in the life of its family, or of the need for medical treatment, that the sentence Imprisonment will be executed under placement under electronic supervision.
          " The decision on placement under electronic supervision may be taken only with the prior informed consent of the notified person that he or she may request to be Assisted by his lawyer, where appropriate appointed ex officio by the abuser at his request, before giving his consent. In the case of a non-emancipated minor, this decision can only be taken with the agreement of the holders of the exercise of parental authority. Where an order has been ordered for the placement or detention of the convicted person pursuant to Article 397-4 of the Code of Criminal Procedure, the court of judgment applying the preceding paragraph may order the provisional execution of the Placement under electronic monitoring.
          " Art. 132-26-2. -Placement under electronic supervision shall, for the convicted person, be prohibited from absconing from his or her home or from any other place designated by the judge for the application of the sentences outside the periods laid down by that court. The periods and places shall be fixed by taking into account: the exercise of a professional activity by the convicted person; the fact that he or she follows an education or training, carries out a traineeship or is in temporary employment with a view to his social integration; His or her participation in family life; the prescription of medical treatment. The placing under electronic supervision also imposes on the convicted person the obligation to reply to the summonses of any public authority designated by the judge for the application of the
          . Art. 132-26-3. -The court of judgment may also submit the sentenced person for the benefit of the placement under electronic supervision to the measures provided for in Articles 132-43 to 132-46. "
          VII. -1. Article 723-7 of the Code of Criminal Procedure reads as follows:
          " Art. 723-7. -The sentencing judge may provide that the sentence will be carried out under the electronic supervision regime as defined in Article 132-26-1 of the Penal Code, or in the case of conviction to one or more custodial sentences of Freedom whose total duration does not exceed one year, or where it remains to be subjected to one or more custodial sentences of which the total duration of the sentence is not more than one year, or where the convicted person has been admitted for the benefit of the discharge Conditional, on the condition that it was probationary under the electronic supervision regime, for a term not exceeding one year.
          " Where the place designated by the sentencing judge is not the Place of the convicted person, the decision on placing under electronic supervision may be taken only with the consent of the master of the premises, except in the case of a public place. "
          2. It shall be inserted after Article 723-7 of the same Code, a Article 723-7-1 reads as follows:
          " Art. 723-7-1. -Where the provisions of Article 132-26-1 of the Criminal Code have been applied, the judge of the application of the penalties shall lay down the arrangements for the execution of the placement under electronic supervision by an order not subject to appeal Within a maximum period of four months from the date on which the conviction is enforceable. If the conditions that have allowed the court to decide that the penalty would be imposed under the electronic supervision regime are no longer fulfilled, if the convicted person fails to comply with the prohibitions or obligations imposed on him, If he is guilty of misconduct, if he refuses a necessary modification of the conditions of performance or if he so requests, the benefit of the placing under electronic supervision may be withdrawn by the judge of the application of the penalties by a Decision made in accordance with the provisions of Article 712-6. If the personality of the convicted person or the means available so warrant, the judge of the application of the penalties may also, in the same manner, substitute for the measure of placement under electronic supervision a measure of semi-freedom or Placement outside. "
          VIII. -The first two paragraphs of Article 723-13 of the Code are replaced by a paragraph worded as follows: '
          ' The sentencing judge may withdraw the investment decision under electronic supervision in the case of non-compliance with the Prohibitions or obligations under Articles 132-26-2 and 132-26-3 of the Criminal Code, notorious misconduct, non-compliance with measures imposed pursuant to Article 723-10 of this Code, further conviction or refusal by the convicted person A necessary modification of the conditions of execution, or at the request of the convicted person. The decision shall be taken in accordance with the provisions of Article 712-6.

        • Section 6: Provisions on how to enforce criminal sentences Article 186


          I. - Article 474 of the Code of Criminal Procedure is thus
          : Art. 474. -If a person is sentenced to imprisonment less than or equal to one year or for which the remaining period of detention is less than or equal to one year, he shall be given to the sentenced person who is present at the end of the sentence A notice of the summons to appear, within a time limit which cannot be less than 10 days or more than 30 days, before the judge of the application of the penalties in order to determine the procedure for the execution of the
          . This opinion Specifies that, except in the case of an exercise by the court of appeal, the sentence imposed on him shall be enforced in a penal institution if he does not appear, without lawful excuse, to this convocation.
          " The provisions of the first Subparagraph shall also apply where the person is sentenced to imprisonment with suspended probation, a conditional sentence of imprisonment with an obligation to carry out work of general interest or A working sentence of general interest. However, in these cases, the convict is summoned to the Prison for Insertion and Probation Service. "
          II. -After section 723-14 of the Code, sections 7 and 8 are inserted as follows:


          "Section 7



          " From the execution of certain custodial sentences
          of Freedom for free convicts


          " Art. 723-15. -Prior to the execution, against a person who is not in prison, of a sentence of one year or less of imprisonment, or for which the duration of the detention remaining to be held is less than or equal to one Year, or in the case of a combination of convictions concerning the same person if the total of the sentences imposed or remaining to be subjected is less than or equal to one year, the public prosecutor shall inform the judge of the application of the penalties, in order to determine the terms and conditions Execution of the sentence, an extract of the decision accompanied, where appropriate, by all relevant
          . The judge of the application of the sentences shall then summon the convicted person, unless he has already been notified at the end of the hearing of the sentence That he was summoned before the judge, in order to determine the manner in which his sentence was to be carried out in consideration of his personal situation. To this end, the judge of the application of the penalties may entrust the prison service of insertion and probation to check its material, family and social situation. The judge of the application of the penalties may then, ex officio, at the request of the person concerned or on the requisition of the public prosecutor, and in accordance with the procedure laid down in Article 712-6, order one of the measures referred to in that
          . If the Sentence does not wish to be the subject of any of these measures, the sentencing judge may fix the date of imprisonment. If the judge of the application of the sentences finds, at the first summons of the sentenced person, that he does not fulfil the legal conditions enabling him to benefit from a particular measure of planning the execution of his sentence, he shall inform him Changes to the situation to be able to benefit from it and call it again.
          " Failing a decision of the judge of the application of the sentences within four months of the communication of the extract of the decision or in the Under Article 723-16, the Public Prosecutor's Office reduces the sentence to be carried out by imprisonment in
          . If, unless there is a legitimate reason or exercise of the remedies, the person does not appear at the summons, the judge The application of the penalties shall inform the Public Prosecutor's Office, which shall bring the sentence to execution by imprisonment in
          . Art. 723-16. -By way of derogation from the provisions of Article 723-15, in the event of a reasoned emergency, either by a risk of danger to persons or property established by the occurrence of a new fact, or by the imprisonment of the person in the context of a Other procedure, the public prosecutor may execute the sentence in penal institutions.
          " He shall immediately inform the judge of the application of the penalties if he had been the recipient of the extract of the
          . Art. 723-17. -Where a conviction referred to in Article 723-15 has not been carried out within a period of one year from the date on which the conviction has become final, the sentenced person may refer the sentence to the judge for the application of the sentences To be the subject of one of the measures provided for in the first paragraph of Article 712-6, even if it has been refused an earlier refusal, and this reference suspends the possibility for the public prosecutor to carry out the sentence, subject to the provisions of the Article 723-16. It shall then be decided on the application in accordance with the provisions of Article 712-6
          Art. 723-18. -Where the sentenced person is to carry out a sentence of less than or equal to the reductions that may be granted, the sentencing judge may grant that measure without the need for the person to be New collapsed.
          " Art. 723-19. -The conditions of application of the provisions of this Section shall, as appropriate, be specified by Order in Council.


          "Section 8



          " Applicable Provisions To convicted offenders


          " Art. 723-20. -In accordance with the provisions of this Section, and without prejudice to the application of the provisions of Articles 712-4 et seq., to the extent possible, the system of day parole, external placement or Electronic surveillance of convicted offenders for whom:
          " -there shall be three months'imprisonment for the execution of one or more prison sentences of up to six months but less than two months' imprisonment Years;
          " -there shall be six months' imprisonment for the execution of one or more terms of imprisonment of more than two years but less than five
          . Art. 723-21. -The Director of the Prison and Probation Service shall, in due course, examine by his services the file of each convicted person under the provisions of Article 723-20, in order to determine, after the opinion of the Chief Of the institution, the accommodation measure best suited to their personality.
          " Except in the case of misconduct by the sentenced person in custody, the absence of a serious rehabilitation project, the physical impossibility of setting up a Measure of accommodation or refusal by the convicted person to benefit from the measure proposed to him, the Director shall, by application, refer the judge to the application of the penalties of a development proposal, including one or more of the Obligations and prohibitions listed in Article 132-45 of the Criminal Code. If he does not refer the judge to the application of the penalties, he shall inform the convict
          The judge of the application of the penalties shall then have a period of three weeks from the date of receipt of the request, after the opinion of the prosecutor of The Republic, decide by order to certify or refuse to certify the proposal. The judge of the application of the sentences shall immediately communicate the proposal to the public prosecutor, who must make known his opinion no later than the second working day, failing which the judge of the application of the sentences shall decide in The absence of this notice.
          " Art. 723-22. -If the judge of the application of the sentences refuses to certify the proposal, he must make a reasoned order which is subject to appeal by the convicted person and by the public prosecutor before the President of the Chamber of The application of the sentences of the Court of Appeal in the manner laid down in Article 712-11.
          " Art. 723-23. -If the judge of the application of the sentences decides to approve the proposal, his order may be appealed to the President of the Chamber for the application of the sentences of the court. Of an appeal in accordance with the terms and conditions set out in section 712-11. This appeal is considered to be unavened if the case is not reviewed within three weeks.
          " Art. 723-24. -In the absence of a reply from the judge of the application of the sentences within the three-week period, the Director of the Prison and Probation Service may decide to bring the accommodation back to execution. This decision, which constitutes a measure of judicial administration, is first notified to the judge of the application of the sentences and to the public prosecutor. The latter may, within twenty-four hours of such notification, lodge an appeal against that decision before the President of the Chamber of Appeal of the Court of Appeal. This remedy is considered not to be used if the case is not examined within three weeks.
          " Art. 723-25. -The judge of the application of the sentences or the presiding judge of the application of the sentences of the court of appeal seized pursuant to the provisions of section 723-21 may substitute for the proposed accommodation measure one of the other Measures under Article 723-20. They may also amend or supplement the obligations and prohibitions listed in Article 132-45 of the Criminal Code and accompanying the measure. The measure is then granted, without any contradictory debate, by reasoned
          . Where it is made by the judge of the application of the sentences, that order may be appealed by the convicted person or the public prosecutor In the manner provided for in Article 712-11.
          " Art. 723-26. -Where the proposal for the use of the sentence is approved or the provisions of Article 723-24 are applied, the implementation of the accommodation measure shall be implemented as soon as possible by the service Prison for insertion and probation. In the event of non-compliance by the convicted person with his or her obligations, the Director of the Service shall refer the sentence to the judge for the purpose of revocation of the measure in accordance with the provisions of Article 712-6. The judge may also refer the matter to the court for that purpose, or to be seized by the prosecutor of the Republic
          Art. 723-27. -During the three months preceding the date on which one of the convicted persons referred to in section 723-20 is entitled to a measure of day parole, external placement or placement under electronic supervision in accordance with the terms and conditions Under this section, the Director of the Prisons of Insertion and Probation Service may apply to the judge for the application of the sentences of a proposal for leave to leave, in accordance with the provisions of articles 723-21, 723-22, 723-23 and 723-24.
          " Art. 723-28. -A decree shall determine, as appropriate, the terms and conditions of application of the provisions of this section. "

          Article 187


          After Article 721-2 of the Code of Criminal Procedure, an article 721-3 reads as follows:
          " Art. 721-3. -A reduction of an exceptional penalty, the quantum of which may range up to one third of the sentence imposed, may be granted to convicted persons, including statements made to the administrative or judicial authority before or after Their conviction has allowed the commission of an offence referred to in Articles 706-73 and 706-74 to be stopped or avoided. Where such statements have been made by persons sentenced to life imprisonment, an exceptional reduction of the test time provided for in the last paragraph of Article 729, up to five years, may be granted to
          . These exceptional reductions shall be granted by the Sentencing Tribunal in accordance with the terms and conditions set out in Article 712-6.

        • Section 7: Provisions for the enforcement of custodial sentences Article 188


          I. - Article 710 of the Code of Criminal Procedure is supplemented by a paragraph worded as
          : The following shall also be competent to hear the requests provided for in this Article, in accordance with the distinctions laid down in the two preceding paragraphs, namely Court or court, or the investigatory chamber within whose jurisdiction the convicted person is detained. The public prosecutor of the court receiving a request for confusion lodged by a detained person may direct that request to the court of the place of detention. "
          II. -The first paragraph of Article 711 of the Code is supplemented by the following sentence:
          " Where the applicant is detained, his or her appearance before the court shall be entitled only if he or she expressly requests it in his application. "

          Article 189


          After Article 716-4 of the Code of Criminal Procedure, a Article 716-5 reads as follows:
          " Art. 716-5. -Any person arrested on the basis of an extract of a sentence or a sentence of imprisonment or imprisonment may be detained for twenty-four hours in a police or gendarmerie station, for the purpose of verifying the His or her identity, criminal situation or personal situation.
          The public prosecutor is informed at the beginning of the measure.
          " The arrested person shall be immediately notified by the judicial police officer that he or she may Exercise the rights provided for in Articles 63-2, 63-3 and 63-4 (first and second paragraph).
          " When, at the end of the measure, the public prosecutor intends to bring the sentence back to execution, he may order that the person be conducted Before him. After having received any observations of the person, the public prosecutor shall notify the person if the title of the nut is
          . The Public Prosecutor may also apply to an officer or a judicial police officer Notify the person that the person is summoned before the judge of the application of the sentences, or order that the person be brought before the judge, when the judge has to be seized in order to decide how to carry out the sentence. "

          Article 190


          Article 712 of the Code of Criminal Procedure is supplemented by a paragraph worded as follows:
          The jurisdiction may Also decide to apply the provisions of section 706-71. "

          Article 191


          Article 720-4 of the Code of Criminal Procedure reads as follows:
          " Art. 720-4. -Where the convicted person demonstrates serious social rehabilitation guarantees, the court for the application of the penalties may, on an exceptional basis and under the conditions laid down in Article 712-7, decide that the period of security be terminated Under Article 132-23 of the Penal Code or its duration is reduced.
          " However, when the sitting court decided to extend the security period to thirty years pursuant to the provisions of the last paragraph of Articles 221-3 and 221-4 of the Code The court for the enforcement of penalties may reduce the duration of the security period or terminate it only after the offender has been incarcerated for at least twenty years.
          " In the event that the Court of Assitting has decided That none of the measures listed in Article 132-23 of the Criminal Code could be granted to life imprisonment, the court for the enforcement of sentences may grant one of those measures only if the convicted person has been subjected to a criminal offence. Imprisonment for at least 30 years.
          " The decisions provided for in the preceding paragraph shall be made only after an expert review carried out by a college of three medical experts on the list of experts approved by the Court of Cassation pronounced on the state of dangerousness of the convicted
          . By way of derogation from the provisions of the third paragraph of Article 732, the court for the enforcement of penalties may impose assistance and control measures without Time limitation. "

          Article 192


          Article 720-1-1 of the Code of Criminal Procedure is thus amended:
          1 ° At the end of the third subparagraph, the reference : " 722 " Is replaced by the reference: " 712-6 " ;
          2 ° The fourth paragraph is thus written:
          " In other cases, it shall be pronounced by the court of application of the penalties in accordance with the procedure laid down in Article 712-7. " ;
          3 ° After the fourth paragraph, a paragraph shall be inserted as follows:
          " The court granting a stay of the sentence under the provisions of this Article may decide to submit the sentenced person to one or more of the Obligations or prohibitions under Articles 132-44 and 132-45 of the Penal Code. " ;
          4 ° The fifth paragraph is supplemented by two sentences thus written:
          " The same shall apply if the convicted person does not comply with the obligations imposed on him pursuant to the provisions of the preceding paragraph. The decision of the judge for the application of penalties shall be taken in accordance with the procedure laid down in Article 712-6. "

          Article 193


          I. Article 721 of the Code of Criminal Procedure reads as follows:
          " Art. 721. -Each convicted person shall be entitled to a penalty reduction credit calculated on the duration of the sentence of three months for the first year, two months for the following years and seven days per
          . In case of Of the sentenced person in detention, the judge for the application of the sentences may be seized by the head of establishment or on the requisition of the public prosecutor for the purpose of withdrawal, up to a maximum of three months per year and seven days by Month, from this reduction of sentence. Its decision shall be taken under the conditions laid down in Article 712-5.
          " In the case of a new sentence of deprivation of liberty for a crime or an offence committed by the convicted person after his or her release for a period equal to the duration of the Reduction resulting from the provisions of the first subparagraph and, where appropriate, the second paragraph of this Article, the court of judgment may order the withdrawal of all or part of that reduction of sentence and the execution of imprisonment Corresponding, which is not confused with that resulting from the new conviction.
          " In the case of imprisonment, the convicted person shall be informed by the Registry of the foreseeable date of release in the light of the reduction of the penalty laid down in the First paragraph, the possibility of withdrawal, in the case of bad conduct or of a commission of a new offence after his release, of all or part of that reduction. This information is again communicated to him at the time of his release. "
          II. Article 721-1 of the same Code is thus amended:
          1 ° At the beginning of the first sentence of the first subparagraph, the words: After one year of detention, " Are deleted;
          2 ° In the second paragraph, the words: " One month "," Two days "," Two months " And " Four days " Are replaced by the words: " Two months "," Four days "," Three months " And " Seven days " ;
          3 ° The last sentence of the second paragraph shall be deleted;
          4 ° After the second subparagraph, a paragraph shall be inserted Thus written:
          " It shall be pronounced only once if the imprisonment is less than one year and by an annual fraction if it is not. "
          III. -In Article 729-1 of the Code, the words: Articles 721 and 721-1 " Are replaced by the words: " Article 721-1 ".

          Article 194


          I. -Article 434-27 of the Penal Code is thus amended:
          1 ° In the first paragraph, the words: , by violence, burglary or corruption, even if they were committed, in conjunction with it by a third party " Are Deleted;
          2 ° It is complemented by a paragraph so written:
          " When the escape is carried out by violence, burglary or corruption, even if they were committed, together with the prisoner, by a third party, the penalties are laid down Five years' imprisonment and a fine of EUR 75 000. "
          II. -In Article 434-30 of the same code, the words: Where the violence consists of the threat of an explosive, incendiary or toxic weapon or substance " Are replaced by the words: " When committed under the threat of a weapon or An explosive, incendiary or toxic substance ".

          Article 195


          The first sentence of the first paragraph of Article 33 of the Order No. 45-174 of February 2, 1945 on the childhood offender is supplemented by the following words: Or following a conditional release ".

        • Section 8: Provisions relating to the recovery of fines Item 196 Read more about this Article ...


          After Article 707 of the Code of Criminal Procedure, Articles 707-2 to 707-4 read as follows:
          " Art. 707-2. -In correctional or police matters, any person who is sentenced to a fine may pay the amount within one month from the date on which the judgment was
          . Where the convicted person rules the amount Of the fine under the conditions laid down in the first subparagraph, the amount of the fine shall be reduced by 20 % without that decrease exceeding EUR 1 500.
          ' In the case where a remedy is brought against the criminal provisions of the Decision, it shall, at the request of the person concerned, return the sums paid.
          " A decree of the Council of State shall determine the procedures for the application of this Article
          Art. 707-3. -Where the court pronounces a penalty of fine in correctional or police matters, the President shall notify the convicted person that, if the fine is paid within one month from the date on which the fine is paid Judgment was pronounced, this amount is reduced by 20 % without this decrease exceeding EUR 1 500.
          " The President shall inform the convict that the payment of the fine shall not prevent the exercise of the
          . Art. 707-4. -The provisions of Articles 707-2 and 707-3 shall also apply to a convicted person who has been authorized to pay the amount of the fine in several instalments over time, on time and in accordance with terms and conditions Determined by the relevant services of the Public Treasury. "

          Article 197


          I. -Article 390 of the Code of Criminal Procedure is supplemented by a paragraph worded as follows: '
          ' The quote informs The accused person to appear at the hearing in possession of the credentials of his or her income, as well as his or her notices of taxation or non-taxation, or communicate them to the lawyer who represents it. "
          II. -The second paragraph of Article 390-1 of the Code is supplemented by the following sentence:
          " She informs him that he must appear at the hearing in possession of the credentials of his income and of his notices of taxation or Non-taxation. "
          III. -After the second sentence of the first paragraph of Article 394 of the Code, the following sentence shall be inserted:
          " He shall also inform the accused that he must appear at the hearing in possession of the proof of his income as well as his Notice of taxation or non-taxation. "

          Item 198


          I. -In the last paragraph of Article 706-31 of the Code of Criminal Procedure, the words: The duration of the constraint Body is set to two years " Are replaced by the words: " The maximum duration of the judicial constraint is set at one year " And the sum: " 75,000 " Is replaced by the sum: " 100 000 EUR ".
          II. -Title VI of Book V of the same code is entitled: Of the judicial constraint " And sections 749 and 750 of the same code read as follows:
          " Art. 749. -In the event of voluntary failure of one or more convictions to a fine in criminal or correctional matters for an offence punishable by imprisonment, including in the case of wilful non-performance of Conviction of tax or customs fines, the judge for the application of the penalties may order, under the conditions laid down by this Title, a judicial constraint consisting of a term of imprisonment fixed by that judge Within the limit of a maximum fixed by law according to the amount of the fine or their accumulated amount.
          " Art. 750. -The maximum duration of the judicial constraint is set as follows:
          " 1 ° A twenty days when the fine is at least EUR 2 000 but not exceeding EUR 4 000;
          ' 2 ° A month when the fine is greater than EUR 4 000 without Exceed 8 000 EUR;
          " 3 ° A two months when the fine is more than EUR 8 000 without exceeding EUR 15 000;
          ' 4 ° A three months when the fine is greater than EUR 15 000. "
          III. -Article 752 of the Code reads as follows:
          " Art. 752. -The judicial constraint cannot be imposed on convicted persons who, by any means, justify their insolvency. "
          IV. -The last two paragraphs of Article 754 of the Code are replaced by a paragraph worded as follows: '
          ' In view of the feat of service of the command, if the latter date of less than one year, and on the request of the Treasury, the prosecutor of the The Republic may request the judge of the application of the penalties to impose the judicial constraint under the conditions laid down in Article 712-6. Such a judge may, for that purpose, issue the terms of reference provided for in Article 712-17. The decision of the sentencing judge, which is enforceable by provision, may be appealed under the conditions set out in section 712-11. The judge of the application of the penalties may decide to grant time limits for payment to the convicted person if the latter's personal situation justifies it, postponing the decision for a period not exceeding six months. "
          V. In all legislative texts, the words:" Constraint by body " Are replaced by the words: " Judicial constraint ".
          VI. -Articles 473, 755, 756 and 757 of the Code of Criminal Procedure and Articles L. 240, L. 271, L. 272 and L. 272 A of the book of tax procedures are
          . -In Article 543 of the Code of Criminal Procedure, the references: 473 to 486 " Are replaced by references: " 475-1 to 486 and 749 to 762 ".
          VIII. -In Article L. 273 of the book of tax procedures, the words: Articles L. 270 and L. 271 " Are replaced by the words: " Item L. 270 ".

          Article 199


          I. -In Article 758 of the Code of Criminal Procedure, the words: Stop house " Are replaced by the words: " Prison establishment ".
          II. -Section 871 of the Code is repealed

        • Section 9: Criminal Records Provisions Item 200


          In the second paragraph of Article 768 of the Code of Criminal Procedure, the words: Or in absentia " Are deleted.

          Item 201


          I. -Article 769 of the Code of Criminal Procedure is supplemented by a 7 ° thus written:
          " 7 ° The records relating to the measures imposed pursuant to Articles 8, 15, 15 -1, 16, 16 bis and 28 of Order No. 45-174 of 2 February 1945, cited above On the expiry of a period of three years from the day on which the measure was pronounced if the person did not, during that period, be subjected to a criminal or correctional penalty, or executed a criminal composition, or made the subject A new measure pursuant to the abovementioned provisions of the said order. "
          II. Article 769-2 of the same Code is repealed.

          Article 202


          Article 775-1 of the Code of Criminal Procedure is supplemented by a paragraph Written:
          " The provisions of this Article shall not apply to persons convicted of one of the offences referred to in Article 706-47. "

          Article 203


          The 3 ° of Article 776 of the Code of Criminal Procedure is supplemented by the words:" , as well as to administrations or Bodies entrusted by law or the regulation of the control of the exercise of a professional or social activity where that exercise is expressly restricted by the existence of criminal convictions ".

          Article 204


          Article 776 of the Code of Criminal Procedure is supplemented by a paragraph worded as follows:
          " The heads of legal persons 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 of families may obtain the issue of Bulletin No 2 of the criminal record, for the purposes of Only needs related to the recruitment of a person, where there is no mention of any convictions in this bulletin. The list of such legal persons shall be determined by order of the Minister of Justice and the Minister or Ministers concerned.

      • Chapter I: Miscellaneous Provisions Article 205


        The Ministry's Work Control Agency Of the judicial system created by Decree No. 2001-798 of 31 August 2001 establishing the Agency for the Control of Works of the Ministry of Justice, may exercise at the request of the custody of the seals, the Minister of Justice, for the operations he or she The
        may negotiate, conclude and manage on the request and on behalf of the State the leases provided for in Article L. 34-3-1 of the State Domain Code. The signing of the lease comes after the transfer between the State and the Agency of a convention which provides, in particular, for the conditions and duration of such missions.
        The work of the Ministry of Justice's Work Control Agency is responsible for Issuing authorisations for temporary occupation in the public domain of the State which has been given prior to it for the implementation of the programme entrusted to it.

        Article 206


        In the first sentence of the first subparagraph of Article 3-2 of Law No. 83-629 of 12 July 1983 regulating private security activities, the words: " A state diploma " Are replaced by the words: " A qualification recognized by the State "

      • Chapter II: Transitional provisions Article 207


        I. -The provisions of Articles 1, 2, 14, 21, 22, 24 to 26, 33, 44, 85, 86, 89, 92, 95 to 100, 117, 118, 122 to 124, of the I of Article 128, Articles 133, 137, 138, I of Article 148, Articles 149, 153, 156, 157, 197 and 200 will enter into force on 1 October 2004.
        The references to Article 712-6 of the Code of Criminal Procedure contained in Articles 131-9 and 131-11 of the Criminal Code in their drafting as a result of Article 44 of this Law shall be as far as 1 January 2005, replaced by a reference to Article 722 of the Code of Criminal
        . -Articles 159 to 193 and 198 shall enter into force, subject to the provisions of III and IV of this Article, on January 1, 2005.
        At that date, cases pending before the regional courts of parole and National court of parole will, respectively, be transferred to the courts for the application of the competent sentences and the chambers of the application of the sentences of the relevant courts of
        . Article 193 shall apply to all convicted persons who are convicted on 1 January 2005 or hatched from that date, irrespective of the date of the offence and the date of the conviction; the penalty reduction shall be calculated on the duration of the sentence. Of the remaining penalty which has not already been examined by the sentencing judge in respect of the penalty reductions and the additional reduction of sentence for the first year of the nut that may be granted to those of whom This first year is not yet due at this date.
        III. -The provisions of Articles 723-20 to 723-28 of the Code of Criminal Procedure in their drafting resulting from the II of Article 186 of this Law shall apply as from the publication thereof; for the application of those provisions, the references Sections 712-4, 712-6 and 712-11 of these sections are, until January 1, 2005, replaced by references to section 722.
        IV. -The provisions of Articles 54 and III and IV of Article 55 of this Law, as well as those of Article 712-11 of the Code of Criminal Procedure resulting from Article 161 of the said Law, in so far as they concern the right of appeal of the convicted person against The orders of the sentencing judge in respect of sentence reduction, clearance of exit under escort and leave to leave will come into force on December 31, 2005.
        V.-The provisions of section 474 of the Code of Criminal proceedings arising from the I of Article 186 of this Law shall enter into force on 31 December 2006.
        Until that date, however, this Article shall be applicable subject to the reservation that in its first paragraph the words: It is delivered " Be Replaced with the words: " It can be delivered ".
        VI. -The provisions of Articles 131-22 and 132-42 of the Penal Code resulting from the provisions of Articles 174 and 175 and the 2 ° of Article 178 of this Law shall enter into force on 31 December
        . -The provisions of the second paragraph of Article 40-2 of the Code of Criminal Procedure in its drafting after Article 68 of this Law shall enter into force on 31 December 2007. Until this date:
        1 ° The second paragraph of Article 40-2 of the same code reads as follows:
        " Where the author of the facts is identified but the prosecutor of the Republic decides to classify the proceedings without further action, he shall also notify them of Its decision by indicating the legal or expediency grounds that justify it. " ;
        2 ° Article 15-3 of the same code is supplemented by a paragraph worded as follows:
        " Where the complaint is lodged against a person whose identity is not known, the victim shall be informed that the person will not be informed by the public prosecutor Only in the case where the author of the facts is identified. "

        Article 208


        Corps-taking orders issued prior to the entry into force of the provisions of article 100 warrant When the accused is detained under this title.

        Article 209


        Persons convicted in absentia before entering into The provisions of Article 156 shall be deemed to be condemned by default. The order for the taking of the bodies of which they have been subjected shall be carried out in accordance with the provisions of Article 135-2 of the Code of Criminal Procedure.

        Article 210


        The provisions of Article 721-2 of the Code of Criminal Procedure in its drafting as a result of the V of Article 168 are applicable only to the reduction of sentences granted After the entry into force of this Article.

        Article 211


        The current body constraints on the effective date The provisions of Article 198 shall be carried out to the end, without prejudice to decisions which may be taken by the judge for the application of penalties under the conditions laid down in Article 712-6 of the Code of Criminal Procedure.

        Article 212


        Order No. 98-580 of 8 July 1998 concerning the reporting period for births in French Guiana is repealed.

        Article 213


        The provisions of Section 1 of Chapter II of Title X of Book IV of the Code of Criminal Procedure in their drafting Article 17 of this Law shall enter into force when the Convention of 29 May 2000 on mutual legal assistance in criminal matters between the Member States of the European Union is applicable to France, subject to its application by The state that is the source or recipient of the request for assistance.

        Article 214


        I. -The provisions of Section 3 of Chapter V of the Title X of Book IV of the Code of Criminal Procedure resulting from this Law shall enter into force as soon as the Convention of 10 March 1995 on the simplified extradition procedure between the Member States of the European Union is applicable to the France.
        II. -The provisions of Article 696-40 of the same code resulting from this Law shall enter into force as soon as the Convention of 27 September 1996 on extradition between the Member States of the European Union is applicable to France, subject to reservation Application by the State to which the extradition request is requested.
        III. -The provisions of Chapter V of Title X of Book IV of the same Code resulting from this Law and which differ from those of the Act of 10 March 1927 on the Extradition of Foreigners shall apply only to extradition requests made after The date of their entry into force.
        However, the provisions of the second paragraph of Article 696-18 of the same Code shall apply to appeals against extradition orders notified after the date of publication of this Law.

        Article 215


        I. -The provisions of Articles 695-11 to 695-51 of the Code of Criminal Procedure in their drafting after Article 17 of the This Law shall not apply to requests for surrender received by France concerning acts committed before the date indicated in the declaration made by the French Government in accordance with Article 32 of the Framework Decision of the Council of 13 June 2002 on the European arrest warrant and the surrender procedures between Member
        . -The provisions of Articles 695-11 to 695-51 of the Code of Criminal Procedure in their drafting pursuant to Article 17 of this Law shall not apply to requests for surrender by France to a Member State which has made a declaration In accordance with Article 32 of the Council Framework Decision of 13 June 2002, cited above, where the facts were committed before the date indicated in that
        . -In the cases referred to in I and II or where a European Arrest Warrant cannot be addressed or received, for any reason, the provisions of Articles 696 to 696-47 of the Code of Criminal Procedure shall
        . -Subject to the provisions of the I, where a person sought has been arrested on the basis of a request for provisional arrest from a Member State of the European Union and the request for extradition has not been received by France Before the date of entry into force of this Law, the procedure applicable shall be that provided for in Articles 696 to 696-47 of the Code of Criminal Procedure, unless a European Arrest Warrant in original or certified copy is received by the Prosecutor Within forty days of the provisional arrest of the person sought. In this case, the procedure applicable is that provided for in Articles 695-22 to 695-46 of the same Code and the time limits referred to in those Articles shall begin to run from the date of receipt of the European arrest
        . I, where a person sought has been arrested on the basis of an application for provisional arrest by a State acceding to the European Union and the request for extradition to that State has not been received by France before the date on which that person State shall have the quality of a Member State, the procedure applicable is that provided for in Articles 696 to 696-47 of the Code of Criminal Procedure, unless a European Arrest Warrant in original or certified copy is received by the Attorney General in the Forty days from the provisional arrest of the person sought. In this case, the procedure applicable is that provided for in Articles 695-22 to 695-46 of the same Code and the time limits referred to in those Articles shall begin to run from the date of receipt of the European arrest warrant.

        Article 216


        I. -The provisions of Articles 706-53-1 to 706-53-12 of the Code of Criminal Procedure relating to the national automated judicial file of authors Offences committed before the date of publication of this Act in the Official Gazette of the French Republic, but having been the subject of, after that date, Of one of the decisions provided for in Article 706-53-2 of the same Code.
        They shall also apply to persons performing, before the date of publication of this Law in the Official Gazette of the French Republic, a custodial sentence of deprivation of liberty. Exception to those provided for in the penultimate paragraph of section 706-53-5 of the same code. However, the obligations laid down in this penultimate paragraph shall apply if the regional court of parole or, as of 1 October 2004, the court for the application of the penalties, seized by the public prosecutor for that purpose The Republic, in accordance with the procedure laid down in Articles 722-1 or 712-7 of the same Code.
        II. -The records in the criminal record as of the date specified in the I and in respect of persons convicted of acts of a criminal nature subject to the provisions of article 706-53-2 of the same code shall be entered in the file
        Procedure, by the services of the national police or gendarmerie, at the request of the magistrate controlling the file, the research necessary to determine the address of these persons and to record it in the file and to notify them that they are Obligations under Article 706-53-5 of the same Code, with the exception of those provided for in its penultimate paragraph.
        The searches provided for in the preceding paragraph may be carried out by means of automated processing approximating the identity of the Those persons with the information contained in the files provided for in Article L. 115-2 of the Social Security Code, Article 1649 A of the General Tax Code and Articles 21 and 23 of Act No. 2003-239 of 18 March 2003 for security Home. These treatments shall be authorised only for a period of thirty-six months from the publication of this Law in the Official Journal of the French Republic.
        The disclosure of the identity of persons whose address is sought in Application of the provisions of the two preceding paragraphs shall be punishable by punishments under Article 226-22 of the Penal Code

      • Chapter III: Provisions extending certain legislative provisions to New Caledonia, to the French Polynesia, Wallis and Futuna Islands, French Southern and Antarctic Territories and Mayotte Article 217 Read more about this Article ...


        I. -Articles 1 to 5, 6 (I to XIX, XXI), 7 to 11, 12 (I to XV, XVII), 13, 14, 17 to 22, 23 (I to IV), 24 to 26, 28 to 32, 33 (I), 34, 35, 37 (II), 38 to 54, 55 (I to III), 56 (I to V), 62 to 70, 71 (I and II), 74 to 134, 135 (I and II), 136 to 171, 173 to 196, 198 (I to VII), 199 to 205, 207 to 211 and 213 to 216 are applicable in New
        . Articles 1 to 5, 6 (I to XIX, XXI), 7 to 11, 12 (I to XV, XVII), 13, 14, 17 to 22, 24 to 26, 28 to 26, 28 to 32, 33 (I), 34, 35, 37 (II), 38 to 54, 55 (I to III), 56 (I to V), 62 to 70, 71 (I and II), 74 to 134, 135 (I and II), 136 to 171, 173 to 196, 198 (I to VII), 199 to 205, 207 to 211 and 213 to 216 are applicable in French Polynesia.
        III. Articles 1 to 5, 6 (I to XIX, XXI, XXIII, XXIV), 7 to 11, 12 (I to XV, XVII), 13, 14, 17 to 22, 24 to 32, 33 (I), 34, 35, 37 (II), 38 to 54, 55 (I to III), 56 (I to V), 62 to 70, 71 (I and II), 74 to 134, 135 (I and II), 136 to 171, 173 to 196, 198 (I to VII), 199 to 205, 207 to 211 and 213 to 216 are applicable in Wallis and Futuna Islands.
        IV. -Articles 6 (I to XV), 7, 8, 12 (I, II, IV to XIII), 13, 19, 30 to 32, 34, 35, 38 to 41, 44, 46, 50, 51, 54, 55 (I), 173 to 177, 179 (I), 180, 182, 183 (II) and 194 are applicable in the French Southern and Antarctic
        . Articles 3, 6 (XVI to XIX, XXI, XXIII, XXIV), 11, 12 (XIV, XV, XVII), 20, 24, 27, 30, 34, 37 (II), 45, 52, 53, 55 (III), 56 (VI), 57 to 61, 73, 126, 131 (II), 146, 206 to 209, 211 and 213 to 216 are applicable to Mayotte.

        Article 218


        I. -Articles 17 and 18 of Act No. 2001-1168 of 11 December 2001 on urgent measures of economic and financial reform are Applicable in New Caledonia, French Polynesia and Wallis and Futuna Islands. Article 17 is also applicable in the French Southern and Antarctic
        . -The B of the V of Article 12 of Act No. 2002-3 of 3 January 2002 on the safety of transport infrastructure and systems, technical investigations after sea-event, accident or incident of land or air transport and storage Natural gas, hydrocarbons and chemicals underground is applicable in New Caledonia, French Polynesia and Wallis and Futuna
        . -The Code of Criminal Procedure is thus amended:
        1 ° Article 850 is supplemented by a paragraph worded as follows:
        " In New Caledonia, for the first four classes of contraventions of the regulations applicable locally in respect of Land transport which is only punished by a fine, the public action is extinguished by the payment of a lump sum penalty which is exclusive of the application of the rules of recidivism. " ;
        2 ° After Article 850, an article 850-1 reads as follows:
        " Art. 850-1. -In New Caledonia, the tickets of the first four classes to the police of the public road transport services of persons, fixed by the local rules, are recorded by the minutes drawn up by the Sworn agents of New Caledonia, provinces and municipalities and public service delegates.
        " Such agents shall be commissioned by the competent administrative authority or by the public service delegate. After having been approved by the public prosecutor, they take the oath before the court of first instance
        Such agents shall be entitled to identify the identity and address of the offender only when checking the The existence and validity of passenger transport titles. If the offender refuses or is unable to justify his or her identity, the agent of the public service delegate shall immediately report to any judicial police officer of the national police or national gendarmerie Territorially competent, which can then order it without delay to present the offender forthwith. In the absence of such order, the agent of the delegate of the public service shall not detain the offender. "

        Item 219


        I. -Act No. 97-1159 of 19 December 1997 enshrining placement under electronic supervision as a modality The execution of custodial sentences shall be supplemented by an Article 14 thus written:
        " Art. 14. - The provisions of this Law shall apply in New Caledonia, in French Polynesia, in the Wallis and Futuna Islands and in Mayotte. "
        II. -Act No. 2001-380 of 3 May 2001 on the suppression of polluting discharges from ships is supplemented by a Article 10 thus worded as
        : Art. 10. - The provisions of this Law with the exception of Article 9 shall apply in New Caledonia, in French Polynesia, in the Wallis and Futuna Islands, in the French Southern and Antarctic Territories and in Mayotte. "
        III. -Act No. 2003-88 of 3 February 2003, aimed at aggravating penalties for racist, anti-Semitic or xenophobic offences, is supplemented by an article 11 worded as
        : Art. 11. - The provisions of this Law shall apply in New Caledonia, in French Polynesia, in the Wallis and Futuna Islands and in the French Southern and Antarctic Lands. "

        Item 220


        I. -The provisions of Articles 695-11 to 695-51 of the Code of Criminal Procedure resulting from Article 17 of the This Law shall, subject to the provisions of III of this Article, apply to Mayotte, Saint-Pierre-et-Miquelon, New Caledonia, French Polynesia, Wallis and Futuna Islands and Southern and Antarctic Lands
        .
        II. -For the purposes of this Law in Mayotte and Saint-Pierre-et-Miquelon, the adaptations provided for in Articles 878 and 879 respectively of the same Code and in Articles 904 and 905 of that Code shall
        . -The last three paragraphs of Article 695-15 of the Code, in so far as they refer to the Schengen Information System, are applicable only to the European territory of the French Republic

      • Chapter IV: Provisions amending the codes of communes applicable to Saint-Pierre-et-Miquelon, French Polynesia and New Caledonia Article 221


        After article L. 122-27 of the code of municipalities applicable to Saint-Pierre-et-Miquelon, it is inserted an article L. 122-27-1 thus written:
        " Art. L. 122-27-1. -In accordance with the provisions of the second paragraph of Article 40 of the Code of Criminal Procedure, the Mayor shall, without delay, inform the Public Prosecutor of the Republic of the crimes or offences of which he or she becomes aware in the exercise of his or her Functions.
        " The Mayor shall be notified of the follow-up to his report in accordance with the provisions of Article 40-2 of the same
        . The public prosecutor may bring to the attention of the mayor or the president of the public establishment Inter-communal cooperation all measures or decisions of justice, civil or criminal, the communication of which appears necessary for the implementation of preventive, follow-up and support measures, initiated or coordinated by the municipal authority Or intercommunal.
        " The provisions of Articles 226-13 and 226-14 of the Penal Code shall apply to the addressees of this information, subject to the exercise of the mission referred to in the preceding paragraph. "

        Article 222


        After Article L. 122-27 of the code of communes applicable in New Caledonia, a Article L. 122-27-1 is inserted. Thus written:
        " Art. L. 122-27-1. -In accordance with the provisions of the second paragraph of Article 40 of the Code of Criminal Procedure, the Mayor shall, without delay, inform the Public Prosecutor of the Republic of the crimes or offences of which he or she becomes aware in the exercise of his or her Functions.
        " The Mayor shall be notified of the follow-up to his report in accordance with the provisions of Article 40-2 of the same
        . The public prosecutor may bring to the attention of the mayor or the president of the public establishment Inter-communal cooperation all measures or decisions of justice, civil or criminal, the communication of which appears necessary for the implementation of preventive, follow-up and support measures, initiated or coordinated by the municipal authority Or intercommunal.
        " The provisions of Articles 226-13 and 226-14 of the Penal Code shall apply to the addressees of this information, subject to the exercise of the mission referred to in the preceding paragraph. "

        Article 223


        In II of Article 3 of Act No. 77-1460 of 29 December 1977 amending the municipal regime in the territory of the French Polynesia, the last paragraph is replaced by seven paragraphs so written:
        " -Articles L. 122-25 to L. 122-27;
        " -Article L. 122-27-1 in the following wording:
        " Art. L. 122-27-1. -In accordance with the provisions of the second paragraph of Article 40 of the Code of Criminal Procedure, the Mayor shall, without delay, inform the Public Prosecutor of the Republic of the crimes or offences of which he or she becomes aware in the exercise of his or her Functions.
        " The Mayor shall be notified of the follow-up to his report in accordance with the provisions of Article 40-2 of the same
        . The public prosecutor may bring to the attention of the mayor or the president of the public establishment Inter-communal cooperation all measures or decisions of justice, civil or criminal, the communication of which appears necessary for the implementation of preventive, follow-up and support measures, initiated or coordinated by the municipal authority Or intercommunal.
        " The provisions of Articles 226-13 and 226-14 of the Penal Code shall apply to the addressees of this information, subject to the exercise of the mission referred to in the preceding paragraph. " ;
        " -Articles L. 122-28 and L. 122-29. "

        Article 224


        The following orders are ratified, pursuant to Law No. 2002-1138 of 9 September 2002 Of orientation and programming for justice:
        -order n ° 2003-901 of 19 September 2003 integrating into the civil service of the State of the agents of the territorial administration of French Polynesia affected in the Prison Services;
        -Order No. 2003-918 of 26 September 2003 extending and adapting in New Caledonia, French Polynesia, Wallis and Futuna Islands, French Southern and Antarctic Territories and Mayotte Act No. 95-125 of 8 February 1995 on the organisation of the courts and the civil, criminal and administrative procedure and the Law No. 2002-1138 of 9 September 2002 on orientation and programming for justice;
        -Order No. 2003-923 of 26 September 2003 on the organisation of administrative jurisdiction in the Wallis and Futuna Islands.
        This Law shall be enforced as State Law


      Done at Paris, March 9, 2004.


      Jacques Chirac


      By the President of the Republic:


      The Prime Minister,

      Jean-Pierre Raffarin

      The Minister of the Interior,

      of Internal Security

      and Local Freedoms,

      Nicolas Sarkozy

      The Seals Guard,

      Minister of Justice,

      Dominique Perben

      Foreign Minister,

      Dominique de Villepin

      The Minister for Overseas Affairs,

      Brigitte Girardin


      (1) Act No. 2004-204.

      -Preparatory work:

      National Assembly:

      Bill 784;

      Report by Mr. Jean-Luc Warsmann, on behalf of the Committee on Laws, No. 856;

      Opinion of Mr François d' Aubert, on behalf of the Committee on Finance, No. 864;

      Discussion on 21, 22 and 23 May 2003 and adopted on 23 May 2003.

      Senate:

      Bill, adopted by the National Assembly, No. 314 (2002-2003);

      Report by François Zocchetto, on behalf of the Committee on Laws, No. 441 (2002-2003);

      Opinion by Mr Hubert Haenel, on behalf of the Committee on Finance, No. 445 (2002-2003);

      Discussion on 1, 2, 7 and 8 October 2003 and adopted on 8 October 2003.

      National Assembly:

      Bill, as amended by the Senate, No. 1109;

      Report by Jean-Luc Warsmann, on behalf of the Committee on Laws, No. 1236;

      Discussion on November 26 and 27, 2003 and adopted on November 27, 2003.

      Senate:

      Bill, adopted by the National Assembly, No. 90 (2003-2004);

      Report by François Zocchetto, on behalf of the Committee on Laws, No. 148 (2003-2004);

      Discussion on 20 and 21 January and adoption on 23 January 2004.

      Senate:

      Report by Mr François Zocchetto, on behalf of the Joint Joint Committee, No. 173;

      Discussion and adoption on 4 February 2004.

      National Assembly:

      Bill, as amended by the Senate at second reading, No. 1376;

      Report by Jean-Luc Warsmann, on behalf of the Joint Joint Committee, No. 1377 ;

      Discussion on 4 February 2004 and adoption on 11 February 2004.

      -Constitutional Council:

      Decision No. 2004-492 DC of 2 March 2004 published in the Official Journal of the day.


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