Key Benefits:
The National Assembly and the Senate adopted,
Given the decision of the Constitutional Council n ° 2003-467 DC as of 13 March 2003 ;
The President of the Republic enacts the following:
Article 1 of Act No. 95-73 of 21 January 1995 Security programming is thus written:
" Art. 1. -Security is a fundamental right and one of the conditions for the exercise of individual and collective
. The State has a duty to ensure security by ensuring, throughout the territory of the Republic, the defence of the National institutions and interests, respect for the laws, the maintenance of peace and public order, the protection of persons and
. It relates to security policy, within the framework of local arrangements, the structure of which is Defined by decree, territorial authorities and public institutions for inter-communal cooperation, as well as representatives of professions, services and associations confronted with the manifestations of delinquency or working in The areas of prevention, mediation, the fight against exclusion or victim assistance.
The second, third, fourth and fifth paragraphs of Article 34 of Law No. 82-213 of 2 March 1982 on the rights and freedoms of municipalities, departments and regions are replaced by six paragraphs thus written:
" Subject to the provisions of the Code of Criminal Procedure relating to the exercise of the judicial police mission, the State representative in the département, and, in Paris, the prefect of the police, animates and coordinates the prevention of crime and The entire internal security feature.
" To this end, without prejudice to the tasks of the gendarmerie under national defence, it shall determine the tasks other than those relating to the exercise of the judicial police and Coordinates the action of the various services and forces available to the State in the field of internal
. It directs the activities of the national police and the units of the national gendarmerie in the field of law and order. Administrative. The local officials of these units and units report to them on the execution and results of their assigned missions.
" It shall ensure, as appropriate, the competition for the decentralised customs and customs services Tax services, the services of competition, the consumption and suppression of fraud, the departmental directorates of labour, employment and vocational training, and state officials responsible for the police Hunting, sea and river fishing, as well as water police officers and those providing health security responsibilities, to internal security missions.
" Zone Prefects Coordinate the actions of the prefects of the departments of their zone to prevent or deal with disturbing public order events, when these events are of interest to two or more departments of the same zone.
" In addition, the police prefect, In his capacity as prefect of the Paris defence zone, directs the actions and use of the means of the police and the national gendarmerie involved in the security of persons and goods in the public transport of passengers by rail From the Ile-de-France region. "
Article L. 2215-1 of the General Code of Territorial Communities is completed by a 4 ° thus written:
" 4 ° An emergency, where the attainment of good order, safety, tranquility and public safety requires it, and the means available to the prefect no longer allow the objectives for which he or she has police powers to be pursued, The latter may, by reasoned order, for all the communes of the department or several or only one of them, requisition all goods and services, request any person necessary for the operation of that service or for the use of that service, and Prescribe any useful measure until the breach of public order has ended.
" The reasoned order shall determine the nature of the benefits required, the duration of the requisition and the details of its application
The Prefect may To enforce ex officio the measures prescribed by the order it enacted.
" The payment by the State of the requested person shall not cumulate with compensation by any other natural or legal
. Compensation must only be Compensate for the material, direct and some costs resulting from the application of the requisition order.
" In the case of a requisition addressed to a business, where the required benefit is of the same nature as those normally provided To customers, the amount of compensation is calculated based on the normal and lawful commercial price of the benefit.
" Under the conditions laid down in the Code of Administrative Justice, the President of the Administrative Court or the Magistrate Delegates may, within forty-eight hours of the publication or the notification of the order, at the request of the requested person, grant a provision representing all or part of the above-mentioned allowance, where the existence and reality of the Compensation is not seriously objectionable.
" In the event of voluntary failure by the requested person to fulfil his obligations under the order issued by the prefect, the chairman of the administrative court or the magistrate It may, at the request of the requesting authority, issue a penalty payment under the conditions laid down in Articles L. 911-6 to L. 911-8 of the Administrative Justice
. The refusal to comply with the measures prescribed by the applicant authority Is a criminal offence punishable by six months' imprisonment and a fine of EUR 10 000.
A national police civilian reserve is set up to carry out missions in support of the internal security forces and missions of solidarity
The national police released from their relationship to the service.
Public servants working in the national police force, within five years of the end of their relationship with the service, are required to be available to respond to recalls The individual or collective of the Minister responsible for internal security in the case of threats or serious disturbances to the public order, within the limit of ninety days per year.
The conditions of application of this Article shall be determined by Council of State decree.
Within five years of the end of their relationship with the service, officials of the active corps of the national police may also apply to join the civil reserve in the capacity of Volunteers.
Volunteers must meet conditions of fitness. Those whose applications have been accepted are in agreement with a contractual commitment of a minimum period of one year. They shall provide their support to the services of the national police, within the limits of ninety days per year.
The volunteer member who carries out the tasks referred to in this Article in respect of the civil reserve during his working time Must obtain, where their duration exceeds ten working days per calendar year, the agreement of its employer, subject to more favourable provisions resulting from the contract of employment, collective agreements or agreements, agreements concluded Between the employer and the Minister responsible for internal security.
A Council of State decree determines the conditions for the application of this Article. It shall set out in particular the period of notice of the request for agreement with the employer under this Article and the period within which the latter shall notify the administration of its refusal.
Reservists' periods of employment are compensated.
Allowances received for periods spent on a voluntary or voluntary basis The obligation of availability shall not be subject to the provisions of the first paragraph of Article 16 of the Decree of 29 October 1936 on the accumulation of pensions, remuneration and functions.
In the event that the member performs an activity Her employment contract is suspended during the period in which he carries out missions under the National Police Civil Reserve. However, this period is considered to be an effective working period for the legal and conventional benefits in respect of seniority, promotion, paid leave and entitlements to social
. Professional, no disciplinary sanction may be imposed on a reservist on account of absence resulting from these provisions.
During the period of activity on the reserve, the person concerned shall enjoy, for him and his Under the conditions referred to in Article L. 161-8 of the Code of Social Security, of the social security scheme of which it reports outside its service on the reserve. An Order in Council of State shall determine, as appropriate, the procedures for the application of this Article.
The Code of Criminal Procedure is thus modified:
I.-Section 15-1 is completed with a sentence so worded:
" The territorial competence of these Services or units shall be exercised, in accordance with the distinctions provided for in that decree, either throughout the national territory or on one or more areas of defence, or parts thereof, or on the whole of a department. "
II. -Article 18 is thus amended:
1 ° The second paragraph reads as follows:
" Judicial police officers, temporarily placed at the disposal of a service other than the one in which they are assigned, have the same territorial jurisdiction That of the judicial police officers of the reception service. " ;
2 ° The second sentence of the third subparagraph is replaced by two sentences written:
" For the purposes of this paragraph, the springs of the courts of large instance located in the same department shall be considered as one and Same spring. Les ressorts des tribunaux de grande instance de Paris, Nanterre, Bobigny et Créteil are considered as a single jurisdiction. " ;
3 ° In the fourth paragraph, the words: " In case of emergency " Are deleted and the words: " A judicial police officer performing his or her duties in the constituency concerned " Are replaced by the words: " A police officer Territorially competent judicial " ;
4 ° In the fifth paragraph, the words: Within the territorial boundaries of the judicial police officers' electoral district " Are replaced by the words: " Within the same jurisdictional boundaries Territorial and judicial police officers " ;
5 ° The sixth paragraph reads as follows:
" Officers or judicial police officers who normally carry out their duties in vehicles assigned to the collective transportation of Or in the places intended for access to these means of transport shall be competent to operate on the scope of the area of defence of their duty of assignment, under conditions laid down by decree in the Council of State. "
III. -In Article 16 (3), after the words: The officials holding the national police command and control body " shall be inserted the words: And staff trainees from the command and control body already Holders of this quality ".
After Article 20 of the Code of Criminal Procedure, an Article 20-1 shall be inserted. Written:
" Art. 20-1. -National police officers and members of the national gendarmerie who have retired during their activities as a judicial police officer or police officer may benefit from the quality of the judicial police officer When they are called to the title of the national police reserve or to the national gendarmerie operational reserve. A decree of the Council of State shall lay down the conditions for the application of this Article. It shall specify the conditions of experience and qualifications required to benefit from the quality of the judicial police officer under this Article. "
In the first paragraph of Article 78-2 of the Code of Criminal Procedure, the words: An index to presume " Are Replaced with the words: " One or more plausible reasons to suspect ".
I. Article 23 of the Law No. 2001-1062 dated 15 November 2001 on daily security is repealed.
II. -Article 78-2-2 of the Code of Criminal Procedure is thus reinstated:
" Art. 78-2-2. -On the written requisition of the Public Prosecutor for the purposes of research and prosecution of acts of terrorism covered by Articles 421-1 to 421-5 of the Criminal Code, offences relating to weapons and explosives referred to in Article 3 of the The Act of 19 June 1871, which repeals the Decree of 4 September 1870 on the manufacture of weapons of war and by Articles 20, 31 and 32 of the Decree of 18 April 1939 laying down the regime of war materiel, weapons and ammunition, the offences of theft in question Articles 311-3 to 311-11 of the Penal Code, of the recel referred to in Articles 321-1 and 321-2 of the same code or of the drug trafficking offences referred to in Articles 222-34 to 222-38 of the said Code, judicial police officers, assisted, the case Judicial police officers and assistant judicial police officers mentioned in 1 °, 1 ° bis and 1 ° ter of Article 21 may, in the places and for the period of time that the judge determines and may not exceed twenty-four Hours, renewable on an express and reasoned decision in accordance with the same procedure, not only carry out the identity checks provided for in the sixth paragraph of Article 78-2 but also the inspection of vehicles travelling, stopped or parked on the road Public or in publicly accessible places.
" For the purposes of the provisions of this Article, vehicles in circulation may only be detained for the time strictly necessary for the conduct of the visit to be carried out In the presence of the driver. When it relates to a vehicle stationary or parked, the visit takes place in the presence of the driver or owner of the vehicle or, failing that, a person required for that purpose by the judicial police officer or police officer who does not report Not its administrative authority. However, the presence of an external person is not required if the visit involves serious risks to the security of persons and
. In the event of the discovery of an offence or if the driver or the owner of the vehicle Request, as well as in the case where the visit takes place in their absence, a minutes shall be drawn up indicating the place and the dates and times of the beginning and the end of those operations. One copy shall be given to the person concerned and another shall be transmitted without delay to the public prosecutor.
" However, the visit of vehicles specially designed for residential use and actually used as residence cannot be made In accordance with the provisions relating to house searches and visits.
" The fact that these operations reveal offences other than those referred to in the requisitions of the Public Prosecutor does not constitute a cause of Nullity of incident procedures. "
After article 78-2-2 of the Code of Criminal Procedure, an article 78-2-3 reads as follows:
" Art. 78-2-3. -Judicial police officers, assisted, as appropriate, of the judicial police officers and the assistant judicial police officers mentioned in the 1 °, 1 ° bis and 1 ° ter of Article 21, may visit the vehicles circulating Or arrested on public roads or in places accessible to the public where the driver or a passenger exists one or more plausible reasons for suspecting that he has committed, as an author or as an accomplice, a crime or an offence Flagrant; these provisions also apply to the attempt.
" The provisions of the second, third and fourth paragraphs of Article 78-2-2 shall apply to the provisions of this Article. "
After article 78-2-2 of the Code of Criminal Procedure, an article 78-2-4 reads as follows:
" Art. 78-2-4. -To prevent serious harm to the security of persons and property, judicial police officers and, on the order and under their responsibility, judicial police officers and assistant judicial police officers 1 °, 1 ° bis and 1 ° ter of Article 21 may carry out not only the identity checks provided for in the seventh paragraph of Article 78-2 but also, with the agreement of the driver or, failing that, the instructions of the public prosecutor Communicated by all means, on the visit of vehicles travelling, stopped or parked on public roads or in places accessible to the public.
" Pending the instructions of the public prosecutor, the vehicle may be immobilized For a duration that cannot exceed thirty minutes.
" The second, third and fourth paragraphs of Article 78-2-2 shall apply to the provisions of this Article. "
Section 414 of the Customs Code is supplemented by a paragraph worded as follows:
" The term of imprisonment is Maximum period of ten years and the fine may be up to five times the value of the object of the fraud, either where the facts of smuggling, importation or exportation relate to dangerous goods for health, morality or Public safety, the list of which is fixed by order of the Minister responsible for customs, or when they are committed in organised band. "
Section 324 of the Customs Code reads as follows:
" (a) The minutes may be drawn up at the place Of the deposit of the objects seized or instead of the finding of the offense.
" It may also be drawn up in the police quarters, at the headquarters of the gendarmerie brigade, at the office of a finance official or at the town hall of the place; ".
The second sentence of the first paragraph of Article 166 of the Code of Criminal Procedure reads as
: The Experts Shall sign their report and shall mention the names and qualities of the persons who assisted them, under their control and responsibility, in carrying out the operations deemed necessary by them to carry out the tasks entrusted to them. "
The code of criminal procedure is thus amended:
1 ° After Article 57, an Article 57-1 is inserted. :
" Art. 57-1. -Judicial police officers or, under their responsibility, judicial police officers may, in the course of a search carried out under the conditions laid down in this Code, access by a computer system implanted on the Where the search is carried out on data of interest to the investigation in progress and stored in that system or in another computer system, provided that such data are accessible from the initial system or available for the system Initial.
" If it is previously established that these data, accessible from the initial system or available for the initial system, are stored in another computer system located outside the national territory, they are collected By the judicial police officer, subject to the conditions of access provided for by the international commitments in
. The data to which it has been granted access under the conditions laid down in this Article may be Copied to any media. Computer storage media may be seized and placed under seal under the conditions laid down in this Code. " ;
2 ° After Article 76-1, an article 76-3 reads as follows:
" Art. 76-3. -The police officer may, for the purposes of the investigation, under the conditions laid down in Article 76, use the operations provided for in Article 57-1. " ;
3 ° After Article 97, an article 97-1 reads as follows:
" Art. 97-1. -The judicial police officer may, for the purposes of the execution of the letters rogatory, carry out the operations provided for in Article 57-1. "
The code of criminal procedure is thus amended:
1 ° It is inserted, after Article 60, an article 60-1 Written:
" Art. 60-1. -At the request of the judicial police officer, who may intervene by means of a telematics or computer system, public bodies or legal persons governed by private law, with the exception of those referred to in the second subparagraph of Article 31 and the article 33 of the law n ° 78-17 of 6 January 1978 relating to computers, files and freedoms, make available to it the information relevant to the manifestation of the truth, except those protected by a secret provided for by law, contained In the computer systems or nominative data processing systems that they administer.
" The judicial police officer, acting on the requisition of the prosecutor of the Republic who was previously authorised by order of the judge of freedoms And detention, may require telecommunications operators, in particular those mentioned in article 43-7 of Act No. 86-1067 of 30 September 1986 on freedom of communication, to take, without delay, any measures specific to the Ensure the preservation, for a period of not more than one year, of the content of the information consulted by the users of the services provided by operators
The bodies or persons referred to in this Article shall Provision of information required by telematics or IT as soon as possible.
" The failure to respond without lawful reason to such requisitions is punishable by a fine of EUR 3 750. Legal persons may be declared liable criminally under the conditions laid down in Article 121 (2) of the Criminal Code of the offence provided for in this paragraph. The penalty incurred by legal persons shall be the fine, as provided for in Article 131-38 of the Penal
. A decree in the Council of State, taken after the opinion of the National Commission on Informatics and Freedoms, determines the Categories of bodies referred to in the first subparagraph, as well as the methods of interrogation, transmission and processing of the information required. " ;
2 ° After section 77-1, an article 77-1-1 reads as follows:
" Art. 77-1-1. -Upon authorisation by the Public Prosecutor, the judicial police officer may make the requisitions provided for in the first paragraph of Article 60-1.
" On the authorisation of the judge of liberty and detention seized for that purpose by The prosecutor of the Republic, the police officer may make the requisitions provided for in the second paragraph of Article 60-1.
" The organisations or persons concerned shall make available the information required by means of telematics or IT as soon as possible.
" The failure to respond without lawful reason to such requisitions shall be punished in accordance with the provisions of the fourth paragraph of Article 60-1. " ;
3 ° After section 151-1, an item 151-1-1 is inserted as follows:
" Art. 151-1-1. -For the purposes of the execution of the letters rogatory, the judicial police officer may make the requisitions provided for in the first paragraph of Article 60-1.
" With the express authorization of the investigating judge, the officer May proceed to the requirements of the second paragraph of Article 60-1.
" The bodies or persons concerned shall make available the information required by telematics or information technology as soon as possible.
" The failure to respond without lawful reason to such requisitions shall be punished in accordance with the provisions of the fourth paragraph of Article 60-1. "
The last sentence of the first subparagraph of Article 63-1 of the Code of Criminal Procedure is deleted.
The III of Article L. 32-3-1 of the Postal Code and Telecommunications is thus amended:
1 ° In the first paragraph, the Word: " Also " Is replaced by the word: " Legally " ;
2 ° The last paragraph is supplemented by a sentence so worded:
" They may also retain certain data to ensure the security of their networks.
Article 39 of Act No. 78-17 of 6 January 1978 relating to Computer, files and freedoms is thus written:
" Art. 39. - Where treatment is concerned with the security of the State, defence or public security, the right of access provided for in this Chapter shall be exercised in accordance with the conditions laid down in this Article for all the information contained
. The Request shall be addressed to the committee which designates one of its members belonging or having belonged to the Council of State, the Court of Cassation or the Court of Auditors in order to carry out the relevant investigations and make the necessary changes. The latter may be assisted by an officer of the Commission. The applicant is hereby notified that the checks have been carried
. Where the Committee finds, in agreement with the controller, that the communication of the data contained therein does not jeopardise its purposes, the security of The State, defence or public security, such data may be communicated to the applicant
Where the processing is likely to include information which the communication would not call into question the purposes assigned to it, The regulatory act setting up the file may provide that this information may be communicated to the applicant by the manager of the file directly seized. "
I. -Are registered in the file of the persons wanted for judicial decisions:
1 ° Warrants, orders and research notes issued by the public prosecutor, the courts Instruction, judgment or application of penalties, of the judge of liberty and detention and of the juvenile judge for the search or arrest of a person;
2 ° The obligations or prohibitions referred to in 1 °, 2 °, 3 °, 8 °, 9 °, 12 ° Article 138 of the Code of Criminal Procedure and Article 10-2 of Ordinance No. 45-174 of 2 February 1945 on juvenile delinquency;
3 ° The prohibitions imposed pursuant to the provisions of 1 °, 2 °, 3 ° and 11 ° of the article 131-6 of the Penal Code relating to alternative penalties to imprisonment;
4 ° Prohibition of certain activities imposed pursuant to Articles 131-27 and 131-28 of the Penal Code;
5 ° The prohibition of French territory imposed Pursuant to Article 131-30 of the Penal Code;
6 ° The prohibition of residence pursuant to Article 131-31 of the Penal Code;
7 ° The obligations and prohibitions imposed pursuant to 1 °, 2 ° and 3 ° of Article 131-36-2 of Penal code relating to socio-judicial follow-up;
8 ° The obligations or prohibitions imposed in the context of a conditional suspension pursuant to the provisions of Article 132-44 of Article 132-44 and Article 132-45 of the Criminal Code And article 20-9 of Order No. 45-174 of 2 February 1945;
9 ° The prohibition to appear in certain places or to meet certain persons pronounced pursuant to the 2 °, 3 ° and 4 ° of Article 15-1 of Order No. 45-174 On 2 February 1945;
10 ° The ban on the stage imposed pursuant to the provisions of Article 42-11 of Act No. 84-610 of 16 July 1984 on the organisation and promotion of physical and sporting activities;
11 ° The prohibitions to appear in certain places, to meet certain persons, to leave the territory or to carry out certain activities, ordered in accordance with the provisions of Article 731 of the Code of Criminal Procedure in the event of discharge Conditional;
12 ° Persons considered to be unsubmitted or deserters pursuant to the provisions of articles 397 to 404 of the Code of Military
. -The first two paragraphs of Article 67 ter of the Customs Code read as follows:
" The customs officers are addressed to the information recorded in the Schengen Information System, the file of the persons sought and the Stolen vehicles file.
" On the occasion of the checks which fall within their remit, for the purposes of making available to a judicial police officer, customs officers may make the temporary detention of persons who do The subject of a report in one of these files or that are held in possession of a good subject to such reporting. "
I. -Article 28 of Act No. 2001-1062 of 15 November 2001 is
II. -Article 17 (1) of Act No. 95-73 of 21 January 1995 is thus
: Art. 17-1. -Administrative decisions on recruitment, assignment, authorisation, authorisation or authorisation, provided for by legislative or regulatory provisions, concerning either public employment participating in the exercise of the tasks of State sovereignty, either public or private employment in the field of security or defence, private employment or regulated private activities in the fields of games, betting and racing, or access to protected areas By reason of the activity carried out there, or the use of materials or products of a dangerous nature, may be preceded by administrative inquiries designed to verify that the conduct of natural or legal persons Is not inconsistent with the exercise of the envisaged functions or missions.
" A decree of the Council of State sets out the list of administrative inquiries which give rise to the consultation of automated data processing Personal information referred to in Article 21 of Act No. 2003-239 of 18 March 2003 for internal security, including data relating to legal proceedings in progress, to the strict extent required by the protection of the security of People and the defence of the nation's fundamental interests. It determines the conditions under which interested persons are informed of this consultation.
" This consultation is also carried out for the processing of applications for the acquisition of French nationality and grant and Renewal of titles relating to the entry and residence of aliens and for appointment and promotion in national
. This consultation is carried out by police and national gendarmerie officers Specially empowered for this purpose. In accordance with conditions laid down by decree in the Council of State, in particular for the purposes of the third subparagraph, it may also be carried out by staff with administrative police missions designated in accordance with the same procedures
The consultation of the automated processing of personal data referred to in Article 21 of Act No. 2003-239 of 18 March 2003 may also be carried out, including data relating to judicial proceedings in progress, for The exercise of missions or interventions where the nature of the missions or the particular circumstances in which they are to be carried out involve risks to the public order or to the security of persons and property, thus The protection or defence measures taken in the security sectors of the priority defence installations referred to in Article 17 of Ordinance No. 59-147 of 7 January 1959 on the general organisation of the defence. This consultation is carried out by police officers and the national gendarmerie specially empowered for this purpose. "
Fixed and permanent devices for automated control of vehicle identification data Systematic verification of the stolen vehicles file of the police and national gendarmerie may be installed at all appropriate points of the territory, in particular the border, port or airport areas and the main axes of the National and international transit.
The use of mobile devices pursuing the same purposes is authorised and, on a temporary basis, for the preservation of public order, on the occasion of special events or large gatherings A
in the Council of State, taken after the opinion of the National Commission on Informatics and Freedoms, lays down the conditions for the application of this Article, in particular the period of retention of data relating to the Vehicles.
Vehicle registration in the national stolen vehicles file must be done in the best Delays after the filing of a complaint
After Article 706-47 of the Code of Criminal Procedure, an Article 706-47-1 shall be inserted as
: Art. 706-47-1. -The judicial police officer, acting in the course of the investigation or on a rogatory commission, may carry out any person against whom there are serious or corroborating evidence of rape, sexual assault or A sexual offence under sections 222-23 to 222-26 and 227-25 to 227-27 of the Criminal Code, a medical examination and a blood test to determine whether the person is not suffering from a sexually transmitted
. The The doctor, the nurse or the person authorised by the provisions of the public health code to carry out the acts reserved for those professionals, which is required for that purpose by the judicial police officer, must endeavour to obtain the consent Of the interested person.
" At the request of the victim or where his interest justifies it, this operation may be carried out without the consent of the person concerned on written instructions from the public prosecutor or the investigating judge who are paid To the procedure folder.
" The result of the screening shall be made, as soon as possible and through a doctor, to the knowledge of the victim or, if the victim is a minor, his or her legal representatives or the ad hoc administrator Appointed under the provisions of section 706-50.
" The refusal to submit to the screening provided for in this Article shall be punishable by one year imprisonment and a fine of EUR 15 000. Notwithstanding the provisions of Articles 132-2 to 132-5 of the Criminal Code, such penalties shall cumulate, without the possibility of confusion, with those liable to be pronounced for the crime or offence which has been the subject of the proceedings. "
Articles 706-54 to 706-56 of the Code of Criminal Procedure read as follows:
" Art. 706-54. -The national automated DNA fingerprinting file, placed under the control of a magistrate, is intended to centralise the DNA fingerprints of biological traces as well as the DNA fingerprints of convicted persons. One of the offences referred to in Article 706-55 with a view to facilitating the identification and search for the perpetrators of such offences
The genetic fingerprints of people against whom there are serious or consistent clues Making it likely that they have committed one of the offences referred to in Article 706-55 shall also be kept in this file on the decision of a judicial police officer acting either ex officio or at the request of the prosecutor of the The court or the investigating judge shall make reference to that decision on the record of the proceedings. These prints are erased on the instructions of the public prosecutor acting either ex officio or at the request of the person concerned, when their preservation no longer appears necessary in view of the purpose of the file. When it is seized by the person concerned, the prosecutor of the Republic shall inform the person concerned of the action which has been reserved for his application; if he has not ordered the deletion, that person may refer the matter to the judge of freedoms and detention for that purpose, including the Decision may be challenged before the President of the Chamber of
. The judicial police officers may also, ex officio or at the request of the prosecutor of the Republic or the investigating judge, arrange for a Reconciliation of the imprint of any person against whom there is one or more plausible reasons for suspecting that the person committed a crime or an offence, with the data included in the file, but without such imprint Be persisted.
" The file provided for in this Article also contains the DNA fingerprints derived from the biological traces collected during the procedures for the investigation of the causes of death or the investigation of the causes of a The disappearance provided for in Articles 74, 74-1 and 80-4 as well as the genetic fingerprints corresponding to or likely to correspond to the deceased or sought.
" DNA fingerprints stored in this file cannot be Made from non-coding deoxyribonucleic acid segments with the exception of the segment corresponding to the sex marker.
" A decree in the Council of State after the opinion of the National Commission on Informatics and Freedoms Determine the terms and conditions of application of this Article. This Order specifies, in particular, the retention period for the recorded information.
" Art. 706-55. -The national automated fingerprint file centralizes traces and DNA fingerprints for the following offenses:
" 1 ° Sexual offences referred to in Article 706-47;
" 2 ° Crimes against Humanity and the crimes and offences of voluntary attacks on the life of the person, of torture and acts of barbarism, of voluntary violence, of threats to persons, of drug trafficking, of violations of human freedoms, of Trafficking in human beings, pimping, exploitation of begging and endangering minors, as provided for in Articles 221-1 to 221-5, 222-1 to 222-18, 222-34 to 222-40, 224-1 to 224-8, 225-4-1 to 225-4-4, 225-5 to 225-10, 225-12-1 to 225-12-3, 225-12-5 to 225-12-7 and 227-18 to 227-21 of the Penal Code;
" 3 ° Crime and offences of theft, extortion, fraud, destruction, damage and threat of damage to property provided for in Articles 311-1 to 311-13, 312-1 to 312-9, 313-2 and 322-1 to 322-14 of the Criminal Code;
" 4. Breaches of the nation's fundamental interests, acts of terrorism, counterfeit currency and association of criminals under Articles 410-1 to 413-12, 421-1 to 421-4, 442-1 At 442-5 and 450-1 of the Penal Code;
" 5 ° The crimes and offences provided for in article 2 of the Act of 24 May 1834 on the holders of weapons or ammunitions of war, article 3 of the Act of 19 June 1871 repealing the Decree of 4 September 1870 on the Manufacture of weapons of war and Articles 24 to 35 of the decree of 18 April 1939 laying down the regime of war materials, weapons and ammunition;
6 ° Recel or laundering offences of the proceeds of one of the offences referred to in 1 ° 5 °, provided for in Articles 321-1 to 321-7 and 324-1 to 324-6 of the Penal Code.
" Art. 706-56. -I.-The judicial police officer may carry out or cause to be carried out under his control, in respect of the persons mentioned in the first, second or third paragraph of Article 706-54, a biological levy intended to enable Analysis of their DNA fingerprinting. Prior to this operation, it may verify or cause to be checked by a judicial police officer placed under its control that the genetic fingerprint of the person concerned is not already registered, in view of his only civil status, in the file Automated National DNA fingerprinting.
" In order for this analysis to be carried out, the judicial police officer may require any person entitled under the conditions laid down in Article 16-12 of the Civil Code, without however Necessary for the person to be placed on a list of judicial experts; in such case, the person shall, in writing, take the oath provided for in the second paragraph of Article 60 of this
. The persons required in accordance with paragraph May proceed, by any means including telematics, at the request of the judicial police officer, the prosecutor of the Republic or the investigating judge, in the operations permitting the recording of the fingerprints in the file Automated National DNA fingerprinting.
" II. -The refusal to submit to the biological levy provided for in the first paragraph of the I shall be punishable by one year imprisonment and a fine of EUR 15
. When these facts are committed by a person convicted of crime, the penalty is two years Imprisonment and a fine of 30 000 EUR.
" Notwithstanding the provisions of Articles 132-2 to 132-5 of the Penal Code, the penalties imposed for the offences provided for in this Article shall be cumulative, without the possibility of confusion, with those provided for in the Criminal Code. The person who was the subject of the proceedings in respect of which the levies were to be taken was the subject of the proceedings. "
The Code of Criminal Procedure is thus amended:
1 ° After Article 55, an Article 55-1 is inserted. :
" Art. 55-1. -The judicial police officer may carry out, or have carried out under his control, any person who may provide information on the facts in question or on any person against whom there is one or more Plausible reasons for suspecting that it has committed or attempted to commit the offence, to the external sampling operations necessary for the conduct of technical and scientific examinations compared to the traces and indices collected for the Requirements of investigation.
" It shall carry out, or shall carry out under its control, the signalling operations necessary for the feeding and consultation of the police files according to the rules of each of these files.
" The refusal of To submit to the collection operations ordered by the judicial police officer shall be punished with one year imprisonment and a fine of EUR 15 000. " ;
2 ° After Article 76-1, an article 76-2 reads as follows:
" Art. 76-2. -The prosecutor of the Republic or, on the authorisation of the latter, the judicial police officer may carry out the operations of external levies provided for in Article 55-1.
" The provisions of the second and third paragraphs of Article 55-1 shall apply. " ;
3 ° After section 154, an item 154-1 reads as follows:
" Art. 154-1. -For the purposes of the execution of the letters rogatory, the judicial police officer may carry out the external sampling operations provided for in Article 55-1.
" The provisions of the second and third paragraphs of Article 55-1 shall apply.
Article 22 of the Act No. 2001-1062 of 15 November 2001 reads as follows:
" Art. 22. - The provisions of this chapter address the need to have the necessary means to combat terrorism, fuelled in particular by the trafficking of drugs and arms trafficking, and which can be relied upon by The use of new information and communication technologies. However, Articles 24, 25 and 26 shall be adopted for a period of up to 31 December 2005
Parliament will have before 31 December 2003 an evaluation report on the implementation of the provisions of the present Chapter adopted for a period up to 31 December 2005. A second report will be submitted by 31 December 2005.
After Article 225-4 of the Criminal Code, a section 1 bis reads as follows:
"Section 1 bis
" Trafficking in human beings
" Art. 225-4-1. -Trafficking in human beings is the fact, in exchange for remuneration or any other benefit or promise of remuneration or advantage, of recruiting, transporting, transferring, accommodating or accommodating a person, To make it available to a third party, even not identified, in order to enable the commission against that person for the offences of pandering, assault or sexual abuse, exploitation of begging, working conditions or Accommodation contrary to his or her dignity, or to compel that person to commit any crime or offence.
" Trafficking in human beings is punishable by seven years' imprisonment and a fine of 150 000
. Art. 225-4-2. -The offence provided for in Article 225-4-1 shall be punishable by ten years' imprisonment and a fine of EUR 1 500 000 when committed:
' 1 ° For a minor;
" 2 ° With respect to a person whose particular vulnerability, due to Age, illness, infirmity, physical or mental impairment or pregnancy, is apparent or known to the author;
" 3 ° For multiple people;
" 4 ° With respect to a person who was outside the Territory of the Republic or upon arrival on the territory of the Republic;
" 5 ° When the person has been put in contact with the author of the facts through the use, for the dissemination of messages to a public not Determined, from a telecommunications network;
" 6 ° In circumstances which directly expose the person in respect of which the offence is committed to an immediate risk of death or injury of a nature to cause mutilation or Permanently infirm;
" 7 ° With the use of threats, constraints, violence or dolosive manoeuvres aimed at the person concerned, his family or a person who is in regular contact with him;
" 8 ° By a legitimate, natural ascetic or The person who is the victim of the offence under section 225-4-1 or a person who has authority or abuse of the authority conferred on him or her by his or her duties;
" 9 ° By a person called to participate, by his or her duties, in the fight Against trafficking or maintaining public order.
" Art. 225-4-3. -The offence provided for in Article 225-4-1 shall be punishable by 20 years' imprisonment and a fine of 3 000 000 EUR when committed in an organised
. Art. 225-4-4. -The offence provided for in Article 225-4-1 by the use of torture or acts of barbarism shall be punishable by life imprisonment and a fine of EUR 4 500
. Art. 225-4-5. -Where the crime or crime which has been committed or was to be committed against the victim of the offence of trafficking in human beings is punishable by deprivation of liberty for a period exceeding that of imprisonment In accordance with Articles 225-4-1 to 225-4-3, the offence of trafficking in human beings shall be punishable by penalties attached to the crimes or offences of which the perpetrator was aware and, if that crime or offence is accompanied by aggravating circumstances, Penalties attached to the only aggravating circumstances of which he was aware.
" Art. 225-4-6. -Legal persons may be declared criminally liable under the conditions laid down in Article 121-2 of the offences provided for in this section. The penalties for legal persons are:
" 1 ° The fine, as provided for in Article 131-38;
" 2. The penalties referred to in section 131-39.
" Art. 225-4-7. -The attempted offences set out in this section shall be punishable by the same
. Art. 225-4-8. -The fact of not being able to justify resources corresponding to his lifestyle, while in normal relations with one or more persons who are victims or authors of the offences set out in articles 225-4-1 to 225-4-6, shall be punished by Seven years' imprisonment and a fine of EUR 750 000. "
In Article 225-13 of the Penal Code, the words:" By abusing its vulnerability or dependence " Are replaced by the words: " Whose vulnerability or state of dependency is apparent or known to the author, and the words: " Two years' imprisonment and EUR 75 000 fine ' Are replaced by the words: " Five years' imprisonment and 150 000 EUR of fine '.
In Article 225-14 of the Criminal Code, the words' By abusing its vulnerability or Dependency situation " Are replaced by the words: " Whose vulnerability or state of dependency is apparent or known to the author, and the words: " Two years' imprisonment and EUR 75 000 fine ' Are replaced by the words: " Five years Imprisonment and EUR 150 000 fine '.
Article 225-15 of the Penal Code is thus amended:
1 ° The words: Five years' imprisonment and EUR 150 000 fine ' Are replaced by the words: " Seven years' imprisonment and EUR 200 000 fine ' ;
2 ° It is complemented by two sub-paragraphs:
" Where they are committed against a Minor, they are punished by seven years' imprisonment and a fine of EUR 200 000.
" When committed in respect of several persons, including one or more minors, they shall be punished by ten years' imprisonment and EUR 300 000 fine. "
After Article 225-15 of the Penal Code, an article 225-15 -1 reads as follows:
" Art. 225-15 -1. -For the purposes of Articles 225-13 and 225-14, minors or persons who have been victims of the facts described by these Articles upon their arrival on French territory shall be regarded as vulnerable or in situations of Dependency. "
After Article 225-24 of the Criminal Code, an article 225-25 reads as follows:
" Art. 225-25. -Natural and legal persons convicted of the offences provided for in sections 1 bis and 2 of this chapter shall also be liable to forfeiture of all or part of their property, regardless of the nature of the property, Furniture or buildings, discrews or indivis. "
In Article 8 of the Code of Criminal Procedure, after the reference: 222-30, ", the reference is inserted:" 225-4-2, ", and, after reference:" 225-7 ", the reference is inserted:" 225-15, ".
Article 706-30 of the Criminal procedure is thus amended:
1 ° In the first paragraph, the words: The Chairman of the High Court or a Judge delegated by him " Are replaced by the words: " The judge of freedoms and detention " ;
2 ° It is completed By a paragraph so worded:
" For the purposes of the provisions of this Article, the Judge of Freedoms and Detention shall be competent throughout the national territory. "
After Article 706-36 of the Code of Criminal Procedure, an Article 706-36-1 reads as follows:
" Art. 706-36-1. -In the case of open information for an offence falling within the scope of Article 706-34 and in order to guarantee the payment of the fines incurred and, where appropriate, the confiscation under Article 225-25 of the Code The judge of liberty and detention, at the request of the Public Prosecutor, may order, at the expense of the Consolidated Revenue Fund and in accordance with the procedure laid down in the Code of Civil Procedure, provisional measures on the property of the person Examining.
" The conviction is worth the validation of the provisional seizure and allows the final registration of security
. The decision of non-suit, acquittal or acquittal is of full interest, at the expense of the Consolidated Revenue Fund, Ordered measures. The same is true if the public action is extinguished.
" For the purposes of the provisions of this Article, the Judge of Freedoms and Detention shall be competent throughout the national territory. "
The second paragraph of Article L. 611-1 of the Labour Code is supplemented by the following words: And the planned offences Articles 225-13 to 225-15 -1 of the same code ".
Everyone who is the victim of the exploitation of prostitution shall Benefit from a system of protection and assistance, provided and coordinated by active administration with the various social intervention services.
Article L. 345-1 of the Social Action and Family Code is supplemented by a paragraph worded as follows:
" Places in shelters and social reintegration centres are Open to the reception of victims of trafficking in human beings under secure conditions. "
Article 227-15 of the Penal Code is supplemented by a paragraph worded as follows:
" In particular, a deprivation of Caring for a child under six years of age on the public road or in a space devoted to the collective transport of travellers, with the aim of soliciting the generosity of the passers-by. "
After section 421-2-2 of the Criminal Code, an article 421-2-3 reads as follows:
" Art. 421-2-3. -The fact of not being able to justify resources corresponding to his lifestyle, while in normal relations with one or more persons engaged in one or more of the acts referred to in Articles 421-1 to 421-2-2, shall be punished by seven Years of imprisonment and a fine of EUR 100 000. "
In Article L. 362-3 of the Labour Code, the words: Two " And " 30,000 " Are replaced by the Words: " Three " And " 45,000 ".
I. -After Article 132-76 of the Criminal Code, an Article 132-77 reads as follows: '
' Art. 132-77. -In cases provided for by law, penalties for a crime or a crime are aggravated when the offence is committed because of the sexual orientation of the victim
The aggravating circumstance defined in the first subparagraph shall be Constituted when the offence is preceded, accompanied or followed by the words, writings, use of images or objects or acts of any nature that is prejudicial to the honour or the consideration of the victim or a group of persons of which he is a member The victim because of their true or perceived sexual orientation. "
II. -Before the last paragraph of Article 221-4 of the Code, it shall be inserted as
: 6 ° Due to sexual orientation of the victim. "
III. -After the seventh paragraph of Article 222-3 of the Code, it shall be inserted as follows: '
' 5 ° b Due to the sexual orientation of the victim; ".
IV. -After the seventh paragraph of Article 222-8 of the same Code, it shall be inserted a 5 ° ter thus written:
" 5 ° b Due to the sexual orientation of the victim; ".
V.-After the seventh paragraph of Article 222-10 of the same Code, it shall be inserted a 5 ° Ter written:
" 5 ° b Due to the sexual orientation of the victim; ".
VI. -After the seventh paragraph of Article 222-12 of the same Code, it shall be inserted a 5 ° ter thus written:
" 5 ° b Due to the sexual orientation of the victim; ".
VII. -After the seventh paragraph of Article 222-13 of the same Code, it shall be inserted a 5 ° ter thus written:
" 5 ° b Due to the sexual orientation of the victim; ".
VIII. -Article 222-24 of the same code is supplemented by a 9 ° reading:
" 9. When committed because of the sexual orientation of the victim. "
IX. -Article 222-30 of the Code is supplemented by a 6 ° thus written:
" 6 ° When committed because of the sexual orientation of the victim.
Article 131-4 of the Penal Code is completed by an 8 ° thus written:
" 8 ° Two months at most. "
In Article 222-16 of the Criminal Code, the words: Or the sound attacks, reiterated " Are replaced by the words: " Repeating or beatings ".
The Penal Code is thus amended:
1 ° The title of section 2 of the Chapter V of Title II of Book II reads as follows: Pros and the resulting offences " ;
2 ° After item 225-10, an article 225-10-1 reads as follows:
" Art. 225-10-1. -The fact, by any means, including by a passive attitude, of proceeding publicly to the racolage of others with a view to inciting it to sexual relations in exchange for remuneration or a promise of remuneration shall be punished by two months Imprisonment and a fine of EUR 3 750. " ;
3 ° The title of Section 2a of Chapter V of Title II of Book II reads as follows: The use of prostitution of minors or particularly vulnerable persons " ;
4 ° Article 225-12-1 is supplemented by a paragraph Written:
" The same penalties shall be imposed for the purpose of soliciting, accepting or obtaining, in exchange for remuneration or promise of remuneration, sexual relations by a person engaged in prostitution, including Occasional, when this person presents a particular vulnerability, apparent or known to the author, due to illness, infirmity, physical or mental impairment or pregnancy. " ;
5 ° To 1 and 2 ° to article 225-12-2, the words: " Minors " And: " The minor has been put " Are replaced by the words: " People " And: " The person has been put ".
Before the last paragraph of Article 225-10 of the Criminal Code, it is inserted as follows:"
" 4 ° To sell, rent or keep at the disposal of In any way, from one or more persons, vehicles of all kinds knowing that they will engage in prostitution. "
Starting in 2004, the Government will table annually on the Bureau of the National Assembly and the Bureau of the Senate, At the opening of the regular session, a report on the evolution of the demographic, health and social situation of prostitutes, as well as the means available to the associations and organizations that come to them Help.
The Penal Code is thus amended:
1 ° After section 322-4, it is inserted an article 322-4-1 so drafted :
" Art. 322-4-1. -The fact of settling in a meeting, for the purpose of establishing a dwelling, even temporary, on land belonging either to a municipality which has complied with its obligations under the departmental scheme provided for in Article 2 of the Act No. 2000-614 of 5 July 2000 relating to the reception and housing of Travellers or not included in this scheme, or to any other owner other than a municipality, without being able to justify its authorisation or that of the Holder of the right of use of the land, shall be punished with six months' imprisonment and a fine of 3,750
. Where the installation has been carried out by means of motor vehicles, they may be seized, with the exception of vehicles intended for use in The dwelling, for the purpose of confiscation by the criminal court. " ;
2 ° After item 322-15, an article 322-15 -1 reads as follows:
" Art. 322-15 -1. -Natural persons guilty of the offence under section 322-4-1 incur the following additional penalties:
" 1 ° The suspension, for a period of not more than three years, of the driving licence;
" 2 ° Confiscation of the Motor vehicles used to commit the offence, with the exception of vehicles intended for habitation. "
The II of Article 1 of Law No. 2000-614 of 5 July 2000 on the reception and habitat of Travellers Is supplemented by a paragraph so written:
" The departmental scheme takes account of the existence of sites registered or classified in the territory of the municipalities concerned. The implementation of permanent reception areas shall comply with the applicable law, as the case may be, at each of these sites. "
The last sentence of the I of Article 9 of Law No. 2000-614 of 5 July 2000 is supplemented by the following words: Or that belong to a group of municipalities which has powers to implement the departmental scheme ".
The II of Article 9 of Law No. 2000-614 of 5 July 2000 is supplemented by a paragraph worded as follows:
" The judge seised by way of application may extend the effects of the order made in the form of All occupants of the land not covered by the original order when the applicant demonstrates the impossibility of identifying them. "
The Penal Code is thus amended:
1 ° After section 313-6, an article 313-6-1 reads as follows:
" Art. 313-6-1. -Making available to a third party, for the purpose of establishing a residential unit by means of the payment of a contribution or the supply of any benefit in kind, immovable property belonging to others, without being in a position to justify Of the authorisation of the owner or of the owner of the right to use the property, shall be punished with one year imprisonment and a fine of EUR 15 000. " ;
2 ° In the first paragraph of Article 313-7, the words: " And 313-6 " Are replaced by the words: " , 313-6 and 313-6-1 " ;
3 ° In Article 313-8, the words: And 313-6 " Are replaced by the words: " , 313-6 and 313-6-1 ".
4 ° The first paragraph of Article 313-9 shall be supplemented by the following words: And section 313-6-1 ".
After section 9 of the Act N ° 2000-614 of 5 July 2000, it is inserted a Article 9-1 worded as follows: '
' Art. 9-1. -In municipalities not included in the departmental scheme, the mayor may, by way of a subpoena issued to the occupiers and, where appropriate, the owner of the land or the owner of a right of use, refer the matter to the President of the High Court For the purpose of ordering the forced evacuation of mobile homes installed on private land not belonging to the municipality, where the parking is such as to affect the safety, security or tranquility Public. "
Article 433-3 of the Criminal Code reads as follows:
" Art. 433-3. -a penalty of two years' imprisonment and a fine of EUR 30 000 for the threat of committing a crime or an offence against persons or property profiled against a person with a public mandate, a judge, a juror, A lawyer, a public or ministerial officer, a member of the national gendarmerie, an official of the national police, customs, the prison administration or any other person who is the depositary of the public authority, A professional or volunteer firefighter, a sworn custodian of real property or groups of real property, or an agent acting on behalf of a lessor of the functions of security or monitoring of residential buildings in Application of article L. 127-1 of the code of construction and housing, in the exercise or fact of its functions, where the quality of the victim is apparent or known to the author. These provisions shall also apply in the case of a threat against, and the fact of, the same functions, the spouse, the ascendants and the direct descendants of that person or any other person habitually living in his or her Home.
" The same penalties shall be punishable by the threat of committing a crime or an offence against persons or property against an agent of a public passenger transport network operator or any other person in charge of a public transport network. Public service as well as a health professional, in the performance of his or her duties, where the quality of the victim is apparent or known to the author
The penalty shall be extended to five years' imprisonment and a fine of EUR 75 000 When it is a death threat or threat of harm to people.
" It shall be punishable by ten years' imprisonment and a fine of EUR 150 000 for the use of threats, violence or other acts To obtain from a person referred to in the first or second subparagraph that they do or refrain from performing an act of their function, mission or mandate, or facilitated by their function, mission or mandate, or It abuses its true or supposed authority for the purpose of obtaining distinctions, jobs, contracts or other favourable decisions from a public authority or administration. "
I. -The fifth paragraph (4 °) of Articles 221-4, 222-3, 222-8, 222-10, 222-12 and 222-13 of the Penal Code is thus Written:
" 4 ° On a judge, a juror, a lawyer, a public or ministerial officer, a member of the national gendarmerie, an official of the national police, customs, the prison administration or any other person A custodian of the public authority, a professional or volunteer firefighter, a sworn custodian of real property or groups of real property, or an agent acting on behalf of a lessor of the functions of security or the supervision of real property For residential use in accordance with Article L. 127-1 of the Construction and Housing Code, in the exercise or fact of its functions, where the quality of the victim is apparent or known to the author; ".
II. -After the fifth paragraph (4 °) of the same articles, it shall be inserted a 4 ° bis and a 4 ° ter thus written:
" 4 ° bis On the spouse, ascendants and direct descendants of the persons mentioned in the 4 ° or on any other living person Usually in their home, because of the duties performed by these people;
" 4 ° ter On an agent of a public passenger transport network operator or any other person in charge of a public service mission as well as on a Health professional, in the performance of his or her duties, where the quality of the victim is apparent or known to the author; ".
I. -In Article L. 126-2 of the Construction and Housing Code, after the words: Gendarmerie national ", are inserted the words:" Or municipal police ".
II. -After Article L. 126-2 of the same Code, Article L. 126-3 reads as follows: '
' Art. L. 126-3. -The assault or the threat of violence against a person or the deliberate interference with the access and free movement of persons or the proper functioning of security and safety devices, where they Are committed in a meeting of several authors or accomplices, in entrances, stairwells or other common areas of collective residential buildings, are punished by two months' imprisonment and a fine of 3,750
. Are punished by Same penalties the assault or threat of violence against a person, or the wilful interference with the proper functioning of safety and security arrangements on the roofs of public buildings Housing. "
After the second subparagraph of Article L. 2212-5 of the General Code of Territorial Communities, it shall be inserted Paragraph thus written:
" They may also note in relation to the offence provided for in Article L. 126-3 of the Code of Construction and Housing. "
After Article 2-19 of the Code of Criminal Procedure, an article 2-20 reads as follows:
" Art. 2-20. -Any association regularly declared for at least five years on the date of the facts which, by its statutes, proposes to defend the moral and material interests of tenants, owners and lessors of collective buildings for use May exercise the rights granted to the civil party in the event of wilful attacks on the integrity of the person or the destruction, degradation and deterioration of articles 222-1 to 222-18 and 322-1 to 322-13 of the Penal Code When the public action was initiated by the public prosecutor or the injured party and the offence was committed in a building forming part of its associative object.
" However, the association shall be admissible in its action only If it justifies having received the agreement of the victim or, if it is a minor or a protected major, that of its legal representative. "
I. -The Penal Code is thus amended:
1 ° After Article 225-12-4, a section 2 ter is hereby created. :
"Section 2ter
" From the operation of begging
" Art. 225-12-5. -The exploitation of begging is done by anyone in any way:
" 1 ° To organize the begging of others for profit;
" 2 ° To take advantage of the begging of others, to share its profits or Receive subsidies from a person usually engaged in begging;
" 3 ° To hire, train or hijack a person for the purpose of giving it to begging, or to exert pressure on the person to lead or continue Do it;
" 4 ° To hire, train or divert a person for the purpose of personal enrichment for the purpose of delivering it to the exercise of a service with a donation on the public
. Is assimilated to the exploitation of begging Not being able to justify resources corresponding to his or her lifestyle while exercising a de facto influence, whether permanent or not, on one or more persons engaged in begging or being in regular contact with that person or persons Last.
" The exploitation of begging is punishable by three years' imprisonment and a fine of EUR 45
. Art. 225-12-6. -The exploitation of begging is punishable by five years' imprisonment and a fine of EUR 75 000 when committed:
' 1 ° For a minor;
" 2 ° With respect to a person whose particular vulnerability, due to his or her Age, illness, infirmity, physical or mental impairment or pregnancy, is apparent or known to the author;
" 3 ° For multiple people;
" 4 ° With respect to a person who has been encouraged to engage in Begging either outside the territory of the Republic or upon arrival on the territory of the Republic;
" 5 ° Through a lawful, natural or adoptive ascendant of the person who is begging, or by a person who has authority over it, or The authority conferred on it by its functions;
" 6 ° With the use of coercion, violence or drumming on the person engaged in begging, on his or her family or on a person who is in regular contact with her;
" 7 ° By several persons acting as authors or accomplices, without constituting an organized band.
" Art. 225-12-7. -The exploitation of the begging of another person shall be punishable by ten years' imprisonment and a fine of EUR 1 500 000 when committed in an organised band. " ;
2 ° In Article 225-20, the words: " 2 and 2 bis " Are replaced by the words: " 1 bis, 2, 2 bis and 2 ter " ;
3 ° A section 225-21, the words: " In Section 2 " Are replaced by the words: " Sections 1 bis, 2 and 2 ter " ;
4 ° Section 227-20 is repealed.
II. -In Article L. 261-3 of the Labour Code, the reference: 227-20 " Is replaced by the reference: " 225-12-6 ".
After section 312-12 of the Penal Code, a section 2 bis reads as follows:
"Section 2 bis
" From Request for Funds Under Constraint
" Art. 312-12-1. -The fact, in a meeting and in an aggressive manner, or under the threat of a dangerous animal, of soliciting, on the public road, the handing over of funds, values or property shall be punished with six months' imprisonment and a fine of EUR 3 750. "
After Article L. 2215-5 of the General Code of Territorial Communities, an Article L. 2215-6 is inserted. Written:
" Art. L. 2215 -6. -Fixed or mobile establishments of sale to carry food assembled and prepared on site, intended for immediate remission to the consumer, whose activity causes a disorder in order, safety or public tranquillity may be the subject of An administrative closure order of a duration not exceeding three months taken by the State representative in the
. The fact, for the owner or operator, despite a formal notice by the representative of the State in the Department of having to comply with the order made pursuant to the preceding paragraph, not to proceed with the closure of the establishment shall be punished with a fine of EUR 3 750. "
After Article L. 2215-5 of the General Code of Local and Regional Authorities, a Article L. 2215-7 is inserted. Written:
" Art. L. 2215 -7. -Establishments broadcasting music, the activity of which causes a disorder of public order, security or public tranquillity, may be subject to an order of administrative closure for a period not exceeding three months by the representative of State in Department.
" The fact, for the owner or operator, despite a notice by the representative of the State in the department of having to comply with the order made pursuant to the preceding paragraph, not to proceed to The closure of the establishment is punishable by a fine of EUR 3 750. "
After Article L. 2512-14 of the General Code of Territorial Communities, an Article L. 2512-14-1 is inserted. Thus written:
" Art. L. 2512-14-1. -Fixed or mobile establishments of sale to carry food assembled and prepared on site, intended for immediate remission to the consumer, whose activity causes a disorder in order, safety or public tranquillity may be the subject of An administrative closure order of not more than three months taken by the police prefect.
" The fact, for the owner or the operator, despite a warning by the prefect of the police to have to comply with the order made in Application of the preceding paragraph, failure to close the establishment shall be punishable by a fine of EUR 3 750. "
After Article L. 2512-14 of the General Code of Territorial Communities, an Article L. 2512-14-2 is inserted. Thus written:
" Art. L. 2512-14-2. -Establishments broadcasting music, whose activity causes a disorder of public order, security or public tranquillity, may be subject to an order of administrative closure for a period not exceeding three months by the prefect of Font.
" The fact, for the owner or operator, despite the fact that the prefect of the police has to comply with the order made pursuant to the preceding paragraph, not to close the establishment shall be punished by 3 EUR 750 fine. "
After Article L. 123-3 of the code of construction and housing, it is inserted an article L. 123-4 thus written :
" Art. L. 123-4. -Without prejudice to the exercise by the police authorities of their general powers and within the framework of their respective powers, the Mayor or the representative of the State in the department may by order, taken after the opinion of the Committee on Competent security, order the closure of establishments receiving the public in breach of the security rules of this type of establishment, until the compliance work is carried out.
" The fact for the owner or The operator, despite a notice by the mayor or the representative of the State in the department of having to comply with the order made pursuant to the preceding paragraph, not to proceed with the closure of the establishment shall be punished by EUR 3 750 Fine.
" The powers devolved to the mayor or the representative of the State in the department by this article shall be exercised in Paris by the prefect of the police. "
Article L. 217-2 of the Consumer Code reads as follows:
" Art. L. 217-2. -The penalties provided for in Article L. 213-1 shall be punished by any person who fraudulently deleted, masked, altered or altered in any way the names, signatures, monograms, letters, numbers, serial numbers, emblems, signs of any kind Affixed or integrated on or in the goods and used to identify them in a physical or electronic manner. The accomplices of the principal author shall be punished by the same penalties. "
I. -The code of posts and telecommunications is thus amended:
1 ° Chapter I of Title I of Book II is Supplemented by Article L. 32-5 as follows:
" Art. L. 32-5. -Operators operating a communication radio network open to the public or providing radiocommunication services to the public are required to implement the technical devices intended to prohibit, with the exception of numbers Access to their networks or communications services from mobile devices, identified and reported to be stolen.
" However, the judicial police officer may require operators, after agreement By the public prosecutor or the investigating judge, not to apply the provisions of the first subparagraph. " ;
2 ° Article L. 39-2 is supplemented by a paragraph worded as follows:
" Knowingly contravening the provisions of Article L. 32-5 shall be punishable by a fine of EUR 30 000. Legal persons may be declared criminally liable under the conditions laid down in Article L. 121-2 of the Penal Code, of the offence provided for in this paragraph. The penalty incurred by legal persons is the fine, in accordance with the procedure laid down in Article 131-38 of the Criminal Code. "
II. -These provisions will enter into force for the metropolitan territory on 1 January 2004. As appropriate, the implementing rules will be fixed by decree in the Council of State.
I. -In the first Article 434-35 of the Penal Code, after the words: Or any substance ", shall be inserted as follows: And to communicate by any means with a detained person, ".
II. -After Article 434-35 of the same Code, an Article 434-35-1 shall be inserted as
: Art. 434-35-1. -A penalty of one year's imprisonment and a fine of EUR 15 000 for entering or climbing a penitentiary institution without being authorised under or having been authorised under legislative or regulatory provisions Authorised by the competent authorities. "
Article L. 35-5 of the Postal Code and Telecommunications is supplemented by a paragraph worded as follows:
" The Operators of telecommunications services are obliged to allow access by the judicial authorities, the services of the police and the national gendarmerie, the fire and rescue services and the emergency medical aid services, acting As part of judicial or emergency response missions, to their lists of subscribers and users, complete, unredacted and updated. "
Order No. 45-2658 of 2 November 1945 concerning the conditions of entry and residence of foreigners in France is As amended:
1 ° The last paragraph of Article 12 is supplemented by a sentence so worded:
" The temporary resident card may be withdrawn abroad, subject to criminal prosecution on the basis of articles 225-4-1 to 225-4-4, 225-4-7, 225-5 to 225-11, 225-12-5 to 225-12-7, 311-4 (7 °) and 312-12-1 of the Criminal Code. " ;
2 ° I of section 21 is amended as follows:
(a) In the first paragraph, after the words: " Was in France ", are inserted the words:" Or in the international area of airport zones situated on the national territory " ;
(b) In the same paragraph, after the words: Of a foreigner in France ", shall be inserted the words: Or in the above-mentioned international space " ;
(c) In the first sentence of the third paragraph, after the words: In France ", are inserted the words:" Or In the international space referred to in the first subparagraph " ;
3 ° I of Article 22, 2 °, is supplemented by the words: " Or if, during the period of validity of his or her visa or during the three-month period mentioned above, his or her conduct constituted a Threat to public order ".
Unless its presence constitutes a threat to public order, an interim authorization of May be issued to a foreign national who files a complaint against a person accused of having committed the offences referred to in articles 225-4-1 to 225-4-6 and 225-5 to 225-10 of the penal code or testifying in criminal proceedings Concerning a person prosecuted for the same offences. This temporary residence permit is open to the exercise of a professional activity.
In the event of a final conviction of the person concerned, a resident card may be issued to a foreign national who has filed a complaint or A
of the Council of State shall specify the conditions of application of this Article. It shall in particular determine the arrangements for the protection, reception and accommodation of a foreigner to whom a provisional residence authorisation is issued under the conditions referred to in the first subparagraph.
The II of Article L. 221-2 of the Highway Code is completed by a 3 ° reading:
" 3 ° Confiscation of the thing that has served or was intended for Commit the offence. "
I. -After the thirteenth paragraph (12 °) of Articles 222-12 and 222-13 of the Criminal Code, it shall be inserted as follows: :
" 13 ° In a collective passenger conveyance or in a place intended for access to a means of collective passenger transport. "
II. -In the second sentence of the penultimate subparagraph of Article 222-12 and in the second sentence of the last paragraph of Article 222-13 of the same Code, the words: 1 ° to 12 ° " Are replaced by the words: " 1 ° and later ".
III. -After Article L. 322-4 of the Civil Aviation Code, a Article L. 322-5 reads as follows: '
' Art. L. 322-5. -Where violence is committed in an aircraft or in a place intended for access to an aircraft, the penalty shall be that provided for in Articles 222-12 and 222-13 of the Penal
. Where the author of one of the offences referred to in the preceding paragraph Is out of the state of justifying a domicile or a job in the French territory or a guarantor authorised by the administration authorised to collect the fines guaranteeing payment of the pecuniary convictions incurred, the As well as the contract of carriage of the person may be retained by the officer or the judicial police officer, until the payment of a consignment whose amount may not exceed EUR 1 500.
" The decision imposing the payment A consignment shall be taken by the public prosecutor of the Republic, who is required to act within the time limit for the custody of the person if the person is the subject of that measure or, failing that, within a period of four hours from the date of the finding of the offence if It was committed in a place intended for access to an aircraft or the arrival of the passengers if the offence was committed on an aircraft.
" Deposit shall be paid to an accounting officer of the Consolidated Revenue Fund or to an officer referred to in Article L. 330-10 Strain log book. "
IV. -After Article L. 330-9 of the Code, a Article L. 330-10 reads as follows: '
' Art. L. 330-10. -Independently of the officers and the judicial police officers, may be responsible for the recognition of the infringements and breaches of the provisions of this book and of the decrees adopted for its application the officers and officials listed in Article L. 150-13, as well as officials of category A civil aviation administrative bodies, commissioned for this purpose and sworn in. "
Article 42-11 of Law No. 84-610 of 16 July 1984 on the organisation and promotion of activities The following changes:
1 ° In the first paragraph, the words: " Prohibition of entering a venue where a sporting event is taking place " Are replaced by the words: " Prohibition of entering or travelling to The vicinity of a forum where a sporting event takes place " ;
2 ° After the second subparagraph are inserted two sub-paragraphs as follows:
" Where the person is convicted of a lawful offence for any of the offences referred to in the Previous paragraphs, this additional penalty is mandatory.
" A fine of EUR 30 000 and two years' imprisonment shall be imposed on any person who has entered or has surrendered in violation of the prohibition of Previous paragraphs, in or around an enclosure where a sporting event is taking place. " ;
3 ° It is complemented by a paragraph so written:
" Under conditions specified by decree in the Conseil d' Etat, the prefect of the department or, in Paris, the prefect of the police may communicate to the sports federations approved in application of Article 16 and the supporters' associations referred to in Article 42-13 the identity of persons who have been sentenced to the additional penalty provided for in this Article.
The first paragraph Article 15 of the Decree of 18 April 1939 laying down the rules on equipment for war, weapons and ammunition shall be replaced by six paragraphs thus written:
" The acquisition and possession of war materials, weapons and ammunition by the Persons other than those referred to in Article 2 are subject to the following provisions:
" (a) The acquisition and possession of war materiel of the 2nd and 3rd categories shall be prohibited, except for the purposes of national defence. A decree in the Council of State lays down the conditions under which the State, for purposes other than those of national defence, local authorities and bodies of general interest or cultural, historical or scientific interest may Be authorized to acquire and hold materials in these categories. It also lays down the conditions under which certain second category devices may be acquired and held at the end of the collection by natural persons, subject to the international commitments in force and the requirements of the order and the Public security;
" (b) The acquisition and possession of equipment, weapons and ammunition of the 1st and 4th categories shall be prohibited, unless authorized under the conditions laid down by decree of the Council of State;
" (c) Procurement Arms and ammunition of the 5th and 7th categories shall be subject to the presentation to the seller of a hunting permit bearing the validation of the current year or of the previous year, or of a valid fire licence issued by a Sports federation having received delegation from the Minister responsible for sports under Article 17 of Law No. 84-610 of 16 July 1984 on the organisation and promotion of physical and sports activities. In addition, the possession of the arms of the 5th and 7th categories is the subject of a declaration by the armourer or by their holder under the conditions laid down by decree in the Council of State. This decree may provide that certain arms of the 5th and 7th categories shall be exempted from the presentation of the documents or declaration mentioned above because of their technical characteristics or their destination;
" (d) Procurement And the possession of weapons and ammunition in the 6th and 8th categories are free;
" (e) The acquisition and possession of weapons and ammunition of any category is prohibited for minors subject to exceptions prescribed by decree in Council Of state. "
II. -The last paragraph of the same article is deleted.
After Article 15-1 of the decree of 18 April 1939, it is inserted Section 15-2 reads as follows:
" Art. 15 -2. -The authorised officers of the national police and gendarmerie may, to the strict extent required by the protection of the security of persons or the defence of the fundamental interests of the nation, consult the automated processing of Personal data referred to in Article 21 of Act No. 2003-239 of 18 March 2003 for internal security, for the purposes of examining applications for the authorisation or renewal of an authorisation for the acquisition or possession of weapons, and For the examination of declarations of possession of weapons made pursuant to article 15
The agents mentioned in the preceding paragraph may also consult these treatments, to the strict extent required by the protection of public order or The security of persons, for the execution of orders for the surrender of arms and ammunition to the administrative authority provided for in Articles 19 and 19-1. "
Article 18 of the decree of 18 April 1939 read as follows:
" Art. 18. - Any natural person requesting the grant or renewal of an authorisation for the acquisition or possession of equipment, arms or ammunition of the 1st and 4th categories or making a declaration of possession of arms of the 5th and 7th weapons Categories shall produce a medical certificate stating that their physical and psychological state of health is not incompatible with the possession of such materials, weapons or ammunition
Where the person referred to in the preceding paragraph follows or has Following treatment in a health care facility or area of psychiatry, the administrative authority requests that it also produce a medical certificate issued by a psychiatrist.
" A decree in Council of State, taken After the opinion of the National Council of the Order of Physicians, lay down the rules for the application of this Article. In particular, it provides for the conditions to be met for the issuance, renewal or validation of the hunting licence or shooting licence for the submission of such documents, at the time of application for an authorization to acquire or Or of its renewal, or of the declaration, supersede the obligation provided for in the first subparagraph. It also provides for the conditions under which the prefect may ascertain whether the person referred to in the first subparagraph is or has been in the case referred to in the second subparagraph. "
The decree of 18 April 1939 is thus amended:
1 ° Article 19-1 becomes Article 19-2;
2 ° Article 19-1 is thus reinstated:
" Art. 19-1. -Without prejudice to the provisions of Article 19, the Prefect may, for reasons of public order or security of persons, order any holder of a weapon subject to the authorisation or declaration to divest itself.
" Divestiture is either to sell the weapon to a person referred to in section 2 or to a third party fulfilling the legal conditions of acquisition and detention, or to neutralize it or hand it over to the State. A Council of State decree determines the terms of the divestiture.
" Except as a matter of urgency, the procedure is contradictory. The prefect shall fix the period after which the holder must have divested of his weapon.
" Where the person concerned has not divested himself of the weapon within the period laid down by the prefect, he shall be ordered to surrender him and his ammunition to the services Police or gendarmerie. The police commissioner or the commander of the gendarmerie brigade may apply to the judge for freedom and detention for permission to seize the weapon and ammunition, between 6 hours and 22 hours, at the holder's home. The application for authorisation must contain all the information in their possession to justify the seizure, in order to enable the judge of freedoms and detention to verify that the application is valid.
" The seizure of the weapon referred to in The preceding paragraph shall be carried out under the authority and control of the judge of the liberty and detention which has authorised him or of a judge by him or her. This magistrate can go to the scene. At any time, he may suspend or interrupt the seizure at home. The latter shall be carried out in the presence of the occupant of the premises or his representative; in case of impossibility, the police commissioner or the commander of the gendarmerie brigade shall require two witnesses selected outside his or her own Authority. The record of seizure shall be drawn up on the spot, shall relate to the procedures and conduct of the intervention and shall include an inventory of the weapons seized. It is signed by the police commissioner or the commander of the gendarmerie brigade as well as the persons present; in the case of refusal, mention is made of it in the minutes. It shall be transmitted as soon as possible to the judge of liberty and detention
The surrender or seizure of arms and ammunition shall not be compensable.
" No person who has been the subject of the proceedings shall Under this section to acquire or possess weapons subject to the authorization or declaration regime.
" The Prefect may, however, decide to limit this prohibition to certain categories or types of
. This Prohibition shall be lifted by the Prefect if it appears that the acquisition or possession of weapons by the person concerned is no longer such as to interfere with the public order or the security of
. In Paris, the powers granted to the prefect By this Article shall be exercised by the Police Prefect. " ;
3 ° The first paragraph of Article 19-2 is supplemented by the following words: And the seventh and eighth paragraphs of Article 19-1 ".
I. -Article 28 of the decree of 18 April 1939 is supplemented by a paragraph worded as follows:
" However, public action shall be extinguished against the person referred to in the first paragraph which gives the public authority the Weapons or ammunition held in violation of articles 15, 16 or 17 within one year of the publication of Act No. 2003-239 of 18 March 2003 for internal security. This remission does not result in any compensation. "
II. -In the first sentence of the second paragraph of Article 35 of the same decree, the words: Last paragraph " Are replaced by the words: " Penultimate ".
Before the last paragraph of Article 226-14 of the Criminal Code, a 3 ° reading is inserted:
" 3 ° To the health or social workers who inform the prefect and, In Paris, the prefect of the police of the dangerous nature for themselves or for others of the persons who consult them and of which they know that they possess a weapon or that they have manifested their intention to acquire one.
The route code is thus modified:
1 ° After 5 ° of article L. 225-5, it is inserted a 5 ° bis as follows:
" 5 ° bis Assistant judicial police officers and field guards, for the sole purpose of identifying the Authors of the infringements of this Code which they are entitled to observe; '.
2 ° After 4 ° of the I of Article L. 330-2, it shall be inserted a 4 ° bis as follows:'
' 4 ° bis To assistant judicial police officers and field guards, to Only to identify the authors of the infringements of this Code which they are entitled to see; "
The code of The route is thus modified:
1 ° In the first paragraph of article L. 325-1, after the word: " May ", are inserted the words:" At the request and under the responsibility of the Mayor or the territorially competent judicial police officer, Even without the agreement of the owner of the vehicle, ;
2 ° In the last paragraph of the same article, after the words: " The words "shall also be inserted:" On request and under the responsibility of the Mayor or the Judicial Police Officer Territorially competent, even without agreement of the owner of the vehicle, " ;
3 ° The third paragraph of Article L. 325-12 reads as follows:
" May also, even without the approval of the owner of the vehicle, at the request of the mayor or The judicial police officer, territorially competent, acting on the initiative and under the responsibility of the master of public or private places where this code does not apply, shall be impounded and, where appropriate, disposed of or delivered to the Destruction of vehicles deprived of essential elements for their normal and unrepairable use, as a result of damage or theft. "
After Article L. 325-12 of the Highway Code, an Article L. 325-13 reads as follows:
" Art. L. 325-13. -The Mayor, the President of a public institution for inter-communal cooperation or the President of the General Council shall each have the power to establish one or more public services for motor vehicles under their respective authority. "
Article L. 325-2 of the road code is thus amended:
1 ° After the first subparagraph, a paragraph is inserted. Thus written:
" The impoundment may also be prescribed by the Deputy Forensic Police Officer, the Chief of the Municipal Police, or who occupies these functions, who are territorially competent. For the purposes of this provision and on the prescription of the deputy judicial police officer, the chief of the municipal police or who holds these duties, the municipal police officers entitled to see, by way of minutes, tickets to the Traffic police may, if necessary, open or cause to open the doors of the vehicle, manoeuver or manoeuver all devices. They may drive or drive the vehicle, in their presence, to the place of impoundment by using, where appropriate, the autonomous means of propulsion of which the vehicle is fitted. " ;
2 ° In the second paragraph, the words: " In this case " Are replaced by the words: " In the cases provided for in the preceding paragraphs ".
Article 21 of the Code of Criminal Procedure is supplemented by a paragraph worded as follows:
" When they see an infringement in the minutes, the assistant judicial police officers may collect any observations Of the offender. "
I. -After the 4 ° of Article L. 332-20 of the Code of the Environment, it shall be inserted as
: 4 ° Bis Field guards; ".
II. -After 4 ° of Article L. 415-1 of the same code, it shall be inserted a 4 ° bis as
: 4 ° bis Field guards; ".
In Article L. 2542-1 of the General Code of Territorial Communities, the reference: L. 2213-18 " is deleted.
The first paragraph of Article 27 of the Code of Criminal Procedure reads as follows:
" Field wardens send their reports and minutes simultaneously to the mayor and, through the police officers Court of the national police or gendarmerie, territorially competent, to the public prosecutor.
Section 11-2 of Act No. 83-629 of 12 July 1983 is supplemented by a paragraph worded as follows:
" The assignment of an officer shall be subject to the transmission by the prefect of his observations relating to the obligations mentioned in the preceding paragraphs. "
I. -Article 27 of Act No. 2001-1062 of 15 November 2001 is
. -Law No. 83-629 of 12 July 1983 is thus amended:
1 ° Article 3-1 is thus reinstated:
" Art. 3-1. -Natural persons carrying on the activity referred to in Article 1 of Article 1 may carry out visual inspection of hand luggage and, with the consent of their owner, searched.
" The natural persons exercising The activity mentioned in 1 ° of Article 1, specially authorized for that purpose and approved by the prefect of the department or, in Paris, by the prefect of the police under the conditions laid down by decree in the Council of State, may, in the event of circumstances Specific to the existence of serious threats to public safety, proceed, with the express consent of the persons, to palpations of safety. In this case, the palpation of security must be made by a person of the same sex as the person who is the object of the palpation. These particular circumstances are recognised by a decree of the prefect who sets the duration and determines the places or categories of places in which the checks can be carried out. This order is communicated to the public prosecutor. " ;
2 ° After item 3-1, an article 3-2 reads as follows:
" Art. 3-2. -For access to the premises in which a sporting, recreational or cultural event of more than 1500 spectators is organised, the natural persons carrying on the activity referred to in Article 1 of Article 1, approved by the Prefect under the conditions laid down by decree in the Council of State, as well as those, members of the order service assigned by the organiser to the safety of the sporting, recreational or cultural event pursuant to the provisions of Article 23 Act No. 95-73 of 21 January 1995 of orientation and programming relating to security, holding a state diploma and approved by the prefect, may proceed, under the supervision of a judicial police officer and with the express consent People, to palpation of safety. In this case, the palpation must be carried out by a person of the same sex as the person who is the object of it.
" They may, as well as municipal police officers assigned to the decision of the mayor for the security of the event, proceed to Visual inspection of carry-on baggage and, with the consent of their owner, searched.
" In Paris, the powers granted to the prefect by this article shall be exercised by the prefect of the police. "
After section 9 of Act No. 83-629 of 12 July 1983, it is inserted an article 9-1 thus written:
" Art. 9-1. -For the application of the provisions of Articles 5 and 7 to one of the persons referred to in Article 1 or of the provisions of Article 6-1 to one of their agents, the administrative authority shall issue the authorisation or authorisation in the light of the The conditions and guarantees required, for the exercise of the same activities, by the laws and regulations of the Member State of the European Community or of the State Party to the Agreement on the European Economic Area in which that person is Established, provided that the justifications produced under that legislation and regulations are regarded as equivalent to those required under this
. Where it is based on the knowledge of The conditions and guarantees referred to in the preceding paragraph, the withdrawal of authorisation or authorisation by the authorities of the Member State of the European Community or of the State Party to the Agreement on the European Economic Area in which the There shall be a withdrawal of the authorisation or authorisation granted on the basis of this Title. "
Law No. 83-629 of 12 July 1983 is thus amended:
1 ° In the first paragraph of Article 9, the Words: " Or 2 " Deleted;
2 ° In the last paragraph of Article 11-1, the words: " First paragraph of Article 3 " Are replaced by the words: " Second paragraph of Article 2 " ;
3 ° Article 17 is repealed and the last two Paragraphs of Article 18 shall be deleted;
4 ° In the first paragraph of Article 19, the words: Of this Law " Are replaced by the words: " Of this Title ". In the second paragraph of this article, the words: " And 2 " Are deleted.
Previously granted permissions to The date of publication of this Law on the basis of Law No. 83-629 of 12 July 1983 shall remain in force, subject to the production of the information referred to in the second paragraph of I of Article 7 of the Act, within a time limit Six months from that date.
The decree in the Council of State provided for in Article 5 (5) and (5) of Article 6 of Act No. 83-629 of 12 July 1983 sets out the conditions under which a person performing an activity referred to in Article 1 of the same Law shall inform its employees of the need to comply with the requirements of professional competence laid down by this Decree and the conditions under which, within two years from the date of Publication of the said decree, the leaders, the persons acting on an individual basis and the employees must obtain the required titles or, by reason of the continuous pursuit of their profession for a fixed period, the recognition of an aptitude Equivalent.
Law No. 83-629 of 12 July 1983 is supplemented by a Title II so drafted:
"TITLE II
" DES ACTIVITIES DES
PRIVATE RESEARCH AGENCIES
" Art. 20. - Is subject to the provisions of this Title the professional profession which consists, for a person, of collecting, even without revealing its quality or revealing the purpose of its mission, information or information intended for third parties, in view To defend their interests.
" Only the activity referred to in the preceding paragraph may be authorised to exercise the activity referred to in the preceding
: (a) Natural or legal persons registered with the body referred to in the second Paragraph of Article 2 of Act No. 94-126 of 11 February 1994 on the initiative and the individual enterprise;
(b) Natural or legal persons not registered with the body referred to in the second subparagraph of Article 2 of the Act No. 94-126 of 11 February 1994, which is established in another Member State of the European Community or another of the States Parties to the Agreement on the European Economic Area and which carry out this activity
Art. 21. - The name of a legal entity carrying on the activity referred to in Article 20 shall indicate that it is a person of private law and shall avoid any confusion with a public service, in particular a police
. The Fiscal Year Of the activity referred to in Article 20 shall be exclusive to that of any activity referred to in Article 1
National police officers and officers or sub-officers of the National Gendarmerie cannot carry on the activity Referred to in Article 20 for the five years following the date on which they have permanently or temporarily ceased to perform their duties only subject to prior written authorization, as the case may be, from the Minister of the Interior or Minister of Defence. Officers or non-commissioned officers not belonging to the national gendarmerie who were assigned to one of the services mentioned by order of the Minister of Defence shall be subject to the same rules
Art. 22. - No person shall exercise, on an individual basis, the activity referred to in Article 20, or to direct or manage a legal person carrying on such activity, if he or she does not have a licence issued in accordance with terms and conditions laid down by decree in the Council of State
" Approval is issued to persons who meet the following conditions:
" 1 ° To be of French nationality or national of a Member State of the European Community or of one of the States party to the Agreement on the European Economic Area ;
" 2 ° Failing to have been convicted of a correctional penalty or a criminal penalty in Criminal Records No. 2 or, for foreign nationals, in an equivalent document, for reasons Incompatible with the exercise of functions;
" 3 ° Failing to have been the subject of a non-abrogated expulsion order or a ban on French territory not fully enforced;
" 4 ° Failing to be the subject of a decision, pronounced on The basis of the provisions of Chapter V of Title II of Book VI of the Code of Trade or of the application of the earlier texts to that code and not to have been the subject of a decision of an equivalent nature in another Member State of the Community European or other of the States Parties to the Agreement on the European Economic Area;
5 ° Do not commit acts, possibly mentioned in the automated processing of personal data managed by the police authorities, contrary To honour, probity or morality or such as to affect the safety of persons and property, public safety or security of the State;
" 6 ° Do not exercise one of the activities referred to in Article 1;
" 7 ° To hold a professional qualification defined by decree in the State Council.
" A licence may be withdrawn when the licensee ceases to meet any of the conditions set out in this section. It may be suspended immediately in the event of an emergency or of necessity in the case of public
. Art. 23. - No one may be employed to participate in the activity referred to in item 20:
" 1 ° If he or she has not been the subject of a statement before the prefect of the department or, in Paris, with the prefect of police;
" 2 ° If the person has been convicted of a criminal penalty or a criminal penalty registered in the Criminal Record No. 2 or, for foreign nationals, in an equivalent document, for reasons incompatible with the exercise Functions;
" 3 ° If it has been the subject of an expulsion order not repealed or a ban on French territory not fully enforced;
" 4 ° If he has committed acts, possibly mentioned in the automated treatment of Personal data managed by the police authorities, contrary to honour, probity or morality or such as to endanger the safety of persons or property, public security or state security;
" 5 ° If not Does not justify its professional competence according to terms defined by decree in the Council of State.
" The conclusion of the contract of employment is subject to the transmission by the Prefect of his observations on the obligations referred to in the 2 °, 3 ° and 4 °. The contract of employment concluded in violation of the 2 ° to 5 ° is invalid.
" Art. 24. - Subject to the transitional provisions laid down by the decree in the Council of State provided for in Article 23, the employment contract of the employee who ceases to comply with the conditions laid down in the 2 ° to 5 ° of this Article shall be completely
. This breach opens the right to the payment by the employer of the legal indemnity for termination of employment under the conditions laid down in Article L. 122-9 of the Labour Code, except for more favourable treaty
. The employee is also entitled to the Replacement income under the conditions set out in Article L. 351-1 of this code.
" Art. 25. - The exercise of the activity referred to in Article 20 shall be subject to a separate authorisation for the main establishment and for each secondary
. I.-Where the activity is to be carried out by a natural person Referred to in Article 20, the application for authorisation shall be made to the prefect of the département where that person is registered with the body referred to in the second subparagraph of Article 2 of Act No. 94-126 of 11 February 1994 referred to above or, Paris, to the prefect of police. Where the activity is to be carried out by a legal person referred to in Article 20, the application for authorisation shall be filed by the officer who has the power to engage that person with the prefect of the department where the person is established Primary or secondary or, in Paris, to the police prefect.
" The application shall mention the registration number with the body referred to in the second subparagraph of Article 2 of Act No. 94-126 of 11 February 1994. For a natural person, it indicates the address of the individual. For a legal entity, it shall contain the name, address of the registered office of the undertaking and, if they are distinct, of the principal and secondary institutions and the status, the Nominal list of the founders, administrators, Directors or managers and staff employed as well as the allocation of social capital and financial interests held in other companies.
" II. -Where the activity is to be carried out by a person referred to in Article 20, the application for authorisation shall be filed with the prefect of police
For a natural person, the application indicates the address of the individual. For a legal person, it shall include the name, address of the registered office and, where appropriate, that of the institution which that person intends to create in France, the statutes, the nominative list of the founders, directors, directors or Managers and staff employed, as well as the allocation of social capital and financial interests held in other companies. It shall be accompanied, where appropriate, by the exercise authorisation issued in the Member State of the European Union in which the person is established
III. -The authorisation shall be refused if the exercise of the activity referred to in Article 20 by the person concerned is such as to cause a disorder of public
. IV. -Any modification, deletion or addition affecting one of the information referred to in I and II and any substantial change in the distribution of the capital of the legal entity shall be reported within one month from the Prefect or, in Paris, with the prefect of police.
" Art. 26. - I.-The authorisation provided for in Article 25 may be
: 1 ° To the natural person who, the holder of the authorisation provided for in Article 22, no longer fulfils the conditions required for that article or whose approval has been withdrawn;
" 2 ° A A corporation that retains as a manager or manager a person who holds a licence but no longer meets the requirements of section 22 or a person whose licence has been withdrawn; and
" 3 ° to the legal person whose direction or The management is carried out in fact by a person acting directly or by person instead of legal representatives;
" 4 ° A legal entity of which all or part of the share capital is constituted by funds provided Directly or indirectly by the perpetrator of a crime or an offence under the conditions laid down in Article 324-1 of the Penal Code;
" 5 ° A natural or legal person whose activity affects public safety, state security or The fundamental interests of the nation in the economic, scientific, industrial or commercial fields;
6 ° To the natural or legal person who does not comply with the provisions of this Title, to those of the legislation relating to Conditions of entry and residence of foreigners or those of Titles II and IV of Book I, Titles I and II of Book II, Titles II and IV of Book III and Book VI of the Labour
. Except in the cases provided for at 4 ° and 5 °, the withdrawal shall not Can be pronounced after a rollback has been without effect.
" II. -In the cases provided for in the 1 ° to 5 ° of the I, the authorisation may be suspended for a maximum of six
. The authorisation may also be suspended when the natural person or one of the directors or managers of the legal person holding the The authorization provided for in section 21 is subject to criminal prosecution. The suspension shall be terminated as soon as the administrative authority has knowledge of a decision of the judicial authority on the
. III. -Except as a matter of urgency or necessity relating to public order, the suspension or withdrawal shall take place at the end of an adversarial
. IV. -The authorisation lapses in the event of permanent cessation of activity by the holder.
" Art. 27. - Any information, advertising or contractual document, any correspondence from a person carrying on the activity referred to in Article 20 shall contain the number of the authorisation provided for in Article 25 and the mention of the private character of the This activity.
" In no case shall the status of former public servant or former member be held by the person holding the authorization or by any of its officers or employees
Art. 28. - For the application of the provisions of Articles 22 and 25 to one of the persons referred to in Article 20, the administrative authority shall issue the authorisation or authorisation in the light of the conditions and guarantees required for the exercise of the same Activity, by the laws and regulations of the Member State of the European Community or of the State Party to the Agreement on the European Economic Area in which that person is established, as long as the justifications produced under Such legislation and regulations shall be regarded as equivalent to those required under this
. Where it is based on the lack of knowledge of the conditions and guarantees referred to in the preceding paragraph, the withdrawal of The authorisation or authorisation given by the authorities of the Member State of the European Community or of the State Party to the agreement on the European Economic Area in which the person is established results in the withdrawal of the authorisation or Approval granted on the basis of this title.
" Art. 29. - Without prejudice to the provisions of Articles 73 of the Code of Criminal Procedure and 122-7 of the Criminal Code, natural or legal persons who exercise the activity referred to in Article 20 shall be prohibited from resorting to any form of Obstructing the free use of property and coercion against persons.
" Art. 30. - Police officers, police officers and officers and sub-officers of the national gendarmerie shall, on behalf of the administrative authority, supervise the persons carrying out the activity referred to in the article 20.
" Without prejudice to the competence of the inspectors and labour inspectors, they may request the communication of the single register of staff provided for in Article L. 620-3 of the Labour Code and of all other registers, books and documents Referred to in Article L. 611-9 of the same Code and collect, upon convocation or in situ, the necessary information and rationales.
" In the presence of the occupant of the premises or his representative, they may, between 8 hours and 20 Hours, access to the premises in which the activity referred to in Article 20 is habitually exercised; they may also access them at any time when the exercise of that activity is in progress. They cannot access those premises that serve as the home.
" An account of a visit shall be established, a copy of which shall be given immediately to the head of the undertaking, and addressed to the prefect of the department or, in Paris, to the prefect of Font.
" Art. 31. - I.-punishable by three years' imprisonment and a fine of 45 000 EUR:
" 1 ° The fact, except for the persons mentioned in Article 20 and subject to the provisions of Article 29 of the Code of Criminal Procedure, to exercise for others, In professional capacity, the activity referred to in Article 20, without being registered with the body referred to in the second subparagraph of Article 2 of Act No. 94-126 of 11 February 1994;
" 2 ° The exercise of the activity referred to in Article 20 and also having one of the activities referred to in Article 1;
" 3 ° The fact of carrying out the activity referred to in Article 20 without being the holder of the authorisation provided for in Article 25 or continuing to carry on that activity at that time The authorization is suspended or removed;
" 4 ° The act of exercising individually, in violation of the provisions of Article 22, the activity referred to in Article 20, or directing or managing, in breach of those provisions, a person The management or management of such a legal entity, in the place of its legal representatives; or
" 5 ° Subcontracting the exercise of The activity referred to in Article 20 to a company without the authorisation provided for in Article 25;
" 6 ° Commit any of the acts referred to in section 29.
" II. -A penalty of one year imprisonment and a fine of 15 000 EUR:
" 1 ° The exercise of the activity referred to in Article 20 in disregard of the provisions of Article 21;
" 2. The act of employing a person for the purpose of participating in The activity referred to in Article 20 in breach of the provisions of 2 ° to 5 ° of Article 23
III. -A penalty of six months' imprisonment and a fine of 7 500 EUR:
" 1. The fact of not having subscribed to one of the declarations provided for in Article 25 or the declaration provided for in Article 23;
2 ° The fact of putting Obstacle to the carrying out of the controls exercised, under the conditions laid down in Article 30, by the agents mentioned in the first paragraph of this Article;
" 3 ° Being the employee of a company carrying on the activity mentioned in the article 20, with a view to participating in that activity in breach of the provisions of 2 ° to 5 ° of Article 23.
' IV. -A fine of EUR 3 750:
" 1 ° The failure to reproduce the particulars required by Article 27 in any document referred to in that article or to state the quality of a former official or former member of the The person who holds the authorization or any of its officers or employees;
" 2 ° The fact of not mentioning, as required by Article 21, in the name of the legal person carrying on an activity referred to in Article 20 its character Private law person.
" Art. 32. - Physical persons convicted of one of the offences under the provisions of this Title shall be liable to the following additional
: 1. The closure, on a definitive basis or for a period of not more than five years, of the Establishments engaged in the activity referred to in section 20 that they direct or manage;
" 2. The prohibition, on a final basis or for a period of not more than five years, to carry out the activity referred to in Article 20;
" 3 ° The prohibition, for a period of no more than five years, to hold or carry a weapon subject to authorization under the existing
. Art. 33. - Legal persons may be declared liable, under the conditions laid down in Article 121 (2) of the Criminal Code, for the offences provided for in Article 31 of this
. Corporations incurs the following penalties:
" 1 ° The fine, under the conditions laid down in Article 131-38 of the Penal Code;
" 2. The penalties referred to in 1 °, 2 °, 4 °, 7 °, 8 ° and 9 ° of Article 131-39 of the same Code. The prohibition referred to in 2 ° of Article 131-39 of the same Code covers activities in the exercise or in the exercise of which the offence was committed. "
In the title of Law No. 83-629 of 12 July 1983, the words:" Monitoring, guarding, and Transportation of funds " Are replaced by the word: " Security ".
Authorisations granted prior to Publication of this Law on the basis of Article 2 of Act No. 891 of 28 September 1942 regulating the activity of private research agents shall remain in force, subject to the production of the information referred to in the The second paragraph of Article 25 of Law No. 83-629 of 12 July 1983 referred to above, within six months from that date.
Before section 1 of Act No. 83-629 of 12 July 1983, it is inserted into a division and a heading so written: " Title I. -Private supervision and care, transportation of funds and physical protection of persons ".
The decree in Council of State provided for in Article 22 (7) and Article 23 (5) of Act No. 83-629 of 12 July 1983 sets out the conditions under which a person carrying on an activity referred to in Article 20 of this Law informs its employees of the need to comply with the requirements of professional competence laid down by this Decree and the conditions under which, within two years of publication Of the said decree, the leaders, the persons acting on an individual basis and the employees must obtain the required titles or, by reason of the continuous exercise of their profession, for a fixed period, the recognition of an equivalent aptitude. "
I. -Are repealed:
-Act No. 891 of 28 September 1942 regulating the activity of agents Private research;
-Act No. 80-1058 of 23 December 1980 amending Act No. 891 of 28 September 1942 regulating the practice of the profession of director and manager of private research
. -In the first sentence of the third paragraph of Article 35 of the Law of 26 July 1900 " Local professional code for Alsace and Moselle ", the words: Information agencies on wealth situations or matters of order Private " Are deleted
Article L. 2512-16 of the General Code Of the local and regional authorities:
" Art. L. 2512-16. -The officers of the city of Paris who are in charge of a police service, approved by the public prosecutor and sworn in, are allowed to see by record the tickets to the police orders of the Mayor of Paris taken pursuant to Article L. 2512-13, under the conditions and in the manner laid down by decree in the Council of State.
" In addition, these agents are empowered to identify the offenders on the orders of the Mayor of Paris relating to the conservation police In the public domain incorporated in the public domain of the commune of Paris, under the conditions laid down in Article 78-6 of the Code of Criminal
. Article L. 1312-1 of the Public Health Code is applicable to inspectors of Safety of the city of Paris. "
Article L. 2512-16-1 of the General Code of Territorial Communities reads as follows:
" Art. L. 2512-16-1. -The monitoring agents of Paris under the authority of the prefect of police may declare by trial-minutes the tickets to the police orders of the prefect of police and the mayor of Paris relating to the good order, tranquility, security And sanitation on the public highway.
" The provisions of the preceding paragraph shall not apply to the interditions of events on public roads. ".
After Article L. 69-1 of the State domain code, a Article L. 69-2 reads as follows:
" Art. L. 69-2. -Where movable property has, in the course of a criminal procedure, the subject of a final judicial decision which transfers ownership of the property to the State, such property may be affected, free of charge, under conditions determined by order The Minister of the Interior and the Minister responsible for the field, police services, gendarmerie units or customs administration services carrying out judicial police missions. "
The fourth paragraph of Article 4 of Act No. 2000-494 of 6 June 2000 establishing a National Commission Security ethics is supplemented by a sentence so worded:
" The Commission may also be seized directly by the Child Advocate. "
I. -The protection enjoyed by the members of the prefectural corps and the national framework of prefectures, the Officials of the national police, the security assistants, the supervisory agents of Paris, the agents of the city of Paris referred to in Article L. 2512-16 of the general code of the territorial authorities, the agents of the services of The prison administration, customs officers, professional firemen, the civilian doctors of the Paris Fire Brigade and the Marseilles Firefighters Battalion, as well as the municipal police officers and the Field guards, pursuant to Article 11 of Act No. 83-634 of 13 July 1983 on the rights and obligations of civil servants, and the members of the National Gendarmerie, the Paris Fire Brigade, the Battalion of the Marseille firefighters and civil security training and intervention units, pursuant to Articles 16 and 24 of Law No. 72-662 of 13 July 1972 on the general status of the military, covers the damage they suffer to
protection provided for in the preceding paragraph shall also be granted to the agents of the public treasury, tax services, competition services, consumption and repression of the Fraud, the departmental directorates of labour, employment and vocational training, in the exercise of their internal security tasks, as well as the voluntary firemen and civilian civil security
. It shall be extended to the spouses, children and direct ascendants of all persons referred to in the two preceding paragraphs when, as a result of the functions of the latter, they are victims of threats, violence, assault, abuse, defamation or Outrages.
It may be granted, upon request, to spouses, children and direct relatives of members of the prefectural and national prefectures, officials of the national police, security assistants, agents Of the officers of the City of Paris referred to in Article L. 2512-16 of the General Code of the Territorial Communities, of the agents of the services of the penitentiary administration, of the customs officers, of the field guards and of the Municipal police officers as well as members of the national gendarmerie, the Paris Fire Brigade and the Marseilles Firefighters Battalion, as well as the civil security training and intervention units, and Professional or volunteer firefighters, civilian doctors from the Paris Fire Brigade and the Marseilles Firefighters Battalion and civilian civilian safety volunteers who have died in the performance of their duties Or because of their duties, because of the facts underlying the death or for acts committed subsequent to the death but because of the duties performed by the deceased
. -Articles 20 and 30 and the second paragraph of the I of Article 36 of Act No. 95-73 of 21 January 1995 on guidance and programming relating to security are
. -In the second paragraph of Article L. 2123-35 of the General Code of Territorial Communities, after the words: On occasion "shall be inserted the words:" ".
IV. -After the second subparagraph of Article L. 2123-35 of the Code, two sub-paragraphs shall be inserted as
: The protection provided for in the two preceding paragraphs shall be extended to spouses, children and direct ascendants of mayors or municipal councillors Substitute or delegation where, due to the functions of the latter, they are victims of threats, violence, assault, insults, defamation or outrage.
" It may be granted, upon request, to spouses, children and Direct ascendants of mayors or elected municipal councillors who have been deputising or having been delegated, who have died in the course of their duties, or because of their duties, on account of the facts underlying the death or for acts committed subsequent to the Death but because of the duties of the deceased. "
V.-When the spouses, children and direct ascendants of the judiciary are victims of threats, violence, assault, abuse, defamation or outrage as a result of the functions of the latter, the protection provided for Article 11 of Ordinance No. 58-1270 of 22 December 1958 on the Organic Law on the Status of the Judiciary is extended to them. It may also be granted, at their request, to the spouses, children and direct ascendants of the judges of the judicial order who have died in the performance of their duties or in the course of their duties, on account of the facts underlying the death or Acts committed after the death but because of the functions of the deceased magistrate.
After the article 433-5 of the Penal Code, an article 433-5-1 reads as follows: "
" Art. 433-5-1. -The fact, during a demonstration organised or regulated by the public authorities, to publicly outraged the national anthem or the tricolor flag shall be punishable by a fine of € 7,500
When committed in a meeting, this outrage Is punishable by six months' imprisonment and a fine of 7 500 euros. "
Article L. 3332-15 of the Public Health Code reads as follows:
" Art. L. 3332-15. -The closure of the drinks and restaurants debits may be ordered by the State representative in the department for a period not exceeding six months, following infringements of the laws and regulations relating to such
. Such closure shall be preceded by a warning which may, where appropriate, be substituted, where the facts likely to justify such closure result from an exceptional failure of the operator or to which the operator is easily Fix.
" 2. In the event of interference with public order, health, tranquility or public morals, the closure may be ordered by the State representative in the department for a period not exceeding two months
3. Where the closure is motivated by criminal or criminal acts provided for by the criminal provisions in force, with the exception of the offences referred to in 1, the closure may be pronounced for six months
4. Crimes and offences or breaches of public policy which may justify the closures under 2 and 3 shall be related to the attendance of the establishment or its operating
. 5. The measures taken pursuant to this Article shall be subject to the provisions of Act No. 79-587 of 11 July 1979 on the reasons for administrative acts and the improvement of the relations between the administration and the public and the The provisions of Act No. 2000-321 of 12 April 2000 on the rights of citizens in their relations with
. 6. In Paris, the powers conferred on the State representative in the département by this article shall be exercised by the prefect of the
. Article L. 3332-16 of the Code reads as follows:
" Art. L. 3332-16. -The Minister of the Interior may, in the cases provided for in 1 and 3 of Article L. 3332-15, declare the closure of these establishments for a period of three months to one
. If applicable, the period of closure imposed by the State representative in the department is blaming the minister's closure. "
The first paragraph of Article 23 of the Railway Police Act of 15 July 1845 is supplemented by a Phrase so written:
" The intentional declaration of a false address or a false identity with the sworn agents referred to in this Article shall be punishable by a fine of EUR 3 000. "
In the first paragraph of Article 23-2 of the Act of 15 July 1845, the words: From the train to the first Station " Are replaced by the words: " Of the railway or road transport vehicle at the first point of judgment. "
Section 2 of Act No. 2000-494 of 6 June 2000 is thus amended:
" In the first paragraph, the Words: " Eight members " Are replaced by the words: " Fourteen members " ;
" 2. In the third paragraph, the words: A senator, designated " Are replaced by the words: " Two senators, designated " ;
" 3 ° In the fourth paragraph, the words : " A Member, designated " Are replaced by the words: " Two MPs, designated " ;
" 4. In the eighth preambular paragraph, the words: Two personalities " Are replaced by the words: " Six personalities " ;
" The eleventh paragraph is supplemented by A sentence so written:
" Members' terms of office end with the legislature in which they were elected. "
After the first paragraph of I of Article 3 of Act No. 2002-1094 of 29 August 2002 of orientation and programming For internal security, it shall be inserted so worded as follows: '
' The State may also entrust to a person or group of persons, whether public or private law, a mission dealing with both design, construction and The development of infrastructure necessary for the establishment of communication and information systems to meet the needs of the services of the Ministry of the Interior. "
Article 3 of Law No. 2002-1094 of 29 August 2002 is supplemented by an IV and a V thus written:
" IV. -The provisions of the I are applicable to buildings assigned to the Paris Fire
. V.-The provisions of this Article shall apply to buildings affected by the State for the training of personnel who contribute to the Civil defence and security missions.
I. -In New Caledonia, in French Polynesia, in the Wallis and Futuna Islands and in Mayotte, subject to the provisions of the Code of Criminal Procedure relating to the exercise of the judicial police mission, the representative of The State animates and coordinates the prevention of delinquency and the whole of the internal security system.
To this end, without prejudice to the tasks of the gendarmerie under national defence, it fixes the missions other than those which Are related to the exercise of the judicial police and coordinate the action of the various services and forces available to the State, in the field of internal security.
It directs the activities of the national police and the units of the National gendarmerie in the field of public order and administrative police. Local police officers and gendarmerie units report on the execution and the results of their missions.
II. -In New Caledonia, in the context of the fight against non-declared gainful activities affecting public order and public security and internal security missions, a convention concluded between the State and the government of New Caledonia determines, inter alia, the manner in which the High Commissioner of the Republic requests, as appropriate, the assistance of tax services, customs, labour and Services of economic affairs, as well as agents who carry out responsibilities for the health security of New Caledonia and according to which these officers respond to requests made by the judicial police officers Concerning information and documents of a financial, fiscal or customs nature.
The High Commissioner shall, as appropriate, seek the assistance of the agents of the provinces responsible for the police for hunting, water and maritime fisheries, and River within the framework of an agreement between the State and each of the provinces of New
. -In French Polynesia, in the framework of the fight against non-declared gainful activities affecting public order and public security and internal security missions, an agreement concluded between the State and the government of French Polynesia determines, inter alia, the manner in which the High Commissioner of the Republic requests, as appropriate, the assistance of tax services officers, customs services, economic services And the services responsible for hunting and fishing maritime and river fisheries, as well as water police officers and those who are responsible for the health security of the territory and that these Officers respond to requests made by judicial police officers concerning financial, fiscal or customs information and documents.
The Labour Inspectorate provides, as appropriate, its competition Internal security missions.
IV. -In the Wallis and Futuna Islands and in Mayotte, in the fight against non-declared gainful activities affecting public order and public security and internal security missions, the representative of the State shall ensure, As appropriate, the competition for customs and indirect rights, tax services, competition services, consumption and the enforcement of fraud, labour, employment and vocational training, Hunting, sea and river fishing, as well as water police officers and those responsible for health security responsibilities.
Sections 1, 8 to 13, 16 to 22, 23 (I), 24 to 42, 44, 45, 47 to 51, 53, 57, 59, 60, 63 to 65, 73, 76, 78 (I and II), 80 to 85, 90, 110, 111, 112 (I, II and V), 113 and 117 are applicable New Caledonia, French Polynesia and Wallis and Futuna Islands subject to the following adaptations:
For the purposes of section 76 in New Caledonia:
a) After the words: " Threat to public order, " Are inserted The words: " And after the consultation provided for in Article 7 of Order No. 2002-388 of 20 March 2002 on the entry and residence of aliens in New Caledonia, " ;
(b) The last sentence of the first paragraph reads as follows:
" This Temporary residence authorisation opens the right to the exercise of a professional activity under the conditions laid down in the legislation and regulations in force locally. "
" For the purposes of Article 76 in French Polynesia, after the words: Threat to public order, " Are inserted the words: " And after consulting the advisory committee set out in section 7 of Order No. 2000-372 dated April 26, 2000 Concerning the conditions of entry and residence of foreigners in French Polynesia. "
After Article L. 131-13 of the Code of Municipalities applicable in New Caledonia, a Article L. 131-13-1 is inserted. Thus written:
" Art. L. 131-13-1. -In the event of an emergency, when the attainment of good order, safety, tranquility and public safety requires it, and the means available to the High Commissioner no longer enable the objectives for which the High Commissioner has been held to be pursued Police powers, the latter may, by order, for all communes or several or only one of them, requisition all goods and services, require any person necessary for the operation of that service or for the use of that service, and Prescribe any useful measure until the breach of public order has ended.
" The reasoned order shall determine the nature of the benefits required, the duration of the requisition and the details of its application
The High Commissioner may enforce ex officio the measures prescribed by the order he has enacted.
" The payment by the State of the requested person shall not cumulate with compensation by any other natural or legal
. The Compensation shall only compensate for the material, direct and certain costs resulting from the application of the requisition order.
" In the case of a requisition addressed to a business, where the required benefit is of the same nature as Those normally provided to customers, the amount of compensation is calculated based on the normal and lawful commercial price of the benefit.
" Under the conditions laid down in the Code of Administrative Justice, the President of the Court May within forty-eight hours of the publication or notification of the order, at the request of the requested person, grant a provision representing all or part of the above-mentioned allowance, where The existence and reality of this allowance are not seriously questionable.
" In the event of voluntary failure by the requested person to fulfil his obligations under the order issued by the High Commissioner, the President The Administrative Court or the Magistrate which it delegates may, at the request of the requesting authority, issue a penalty payment under the conditions laid down in Articles L. 911-6 to L. 911-8 of the Administrative Justice
. The refusal to run the Measures prescribed by the applicant authority constitutes an offence which is punishable by six months' imprisonment and a fine of EUR 10 000 or its counter-value in local currency. "
Law n ° 77-1460 of 29 December 1977 amending the communal regime in the territory of French Polynesia is As amended:
1 ° The last paragraph of I of Article 4 reads as follows:
" -Article L. 131-13; "
2 ° The I of Article 4 shall be supplemented by eleven paragraphs thus written:
" -Article L. 131-13-1 in the following editorial:
" In the event of an emergency, when the attainment of good order, safety, tranquility and public safety requires it, and the means available to the High Commissioner are no longer sufficient to pursue the objectives for which the High Commissioner has Police powers, the latter may, by order, for all communes or several or only one of them, requisition all goods and services, require any person necessary for the operation of that service or for the use of that service, and Prescribe any useful measure until the breach of public order has ended.
" The reasoned order shall determine the nature of the benefits required, the duration of the requisition and the details of its application
The High Commissioner may enforce ex officio the measures prescribed by the order he has enacted.
" The payment by the State of the requested person shall not cumulate with compensation by any other natural or legal
. The Compensation shall only compensate for the material, direct and certain costs resulting from the application of the requisition order.
" In the case of a requisition addressed to a business, where the required benefit is of the same nature as Those normally provided to customers, the amount of compensation is calculated based on the normal and lawful commercial price of the benefit.
" Under the conditions laid down in the Code of Administrative Justice, the President of the Court May, within forty-eight hours of the publication or notification of the order, at the request of the requested person, grant a provision representing all or part of the above-mentioned allowance, where The existence and reality of this allowance are not seriously questionable.
" In the event of voluntary failure by the requested person to fulfil his obligations under the order issued by the High Commissioner, the President The Administrative Court or the Magistrate which it delegates may, at the request of the requesting authority, issue a penalty payment under the conditions laid down in Articles L. 911-6 to L. 911-8 of the Administrative Justice
. The refusal to run the Measures prescribed by the applicant authority constitutes an offence, which is punishable by six months' imprisonment and EUR 10 000 fine or its counter-value in local currency;
' -Article L. 131-14. "
In New Caledonia, in French Polynesia, in the Wallis and Futuna Islands, Mayotte and Saint-Pierre-et-Miquelon, the assault or threat of violence against a person, or the deliberate interference with the access and free movement of persons or the proper functioning of security arrangements And security, where they are committed in meetings of several authors or accomplices, in entrances, stairwells or other common parts of collective residential complexes, are punished by two months' imprisonment and a fine of 3,750 EUR or its counter-value in local currency.
The same penalties apply to the assault or threat of violence against a person or the obstruction, wilfully, of the proper functioning of the security arrangements and Security committed on the roofs of collective residential buildings.
In New Caledonia, in French Polynesia, In the Wallis and Futuna Islands and in Mayotte, shall be punished by imprisonment of not more than two years and a fine of not more than EUR 37 500, or of its counter-value in local currency, or only one of those penalties, any person who has Fraudulently deleted, masked, altered or altered in any way the names, signatures, monograms, letters, numbers, serial numbers, emblems, signs of any kind affixed or integrated on or in the goods and used to identify them In a physical or electronic way. The accomplices of the lead author shall be punished by the same penalties.
I. -The postal code and telecommunications is As amended:
1 ° Article L. 32-3-3 is repealed;
2 ° Chapter 1 of Title I of Book II is supplemented by a Article L. 32-6 worded as
: Art. L. 32-6. -The provisions of Articles L. 32-3-1, L. 32-3-2 and L. 32-5 are applicable in New Caledonia, French Polynesia and the Wallis and Futuna Islands. " ;
3 ° After Article L. 39-2, a Article L. 39-2-1 reads as follows:
" Art. L. 39-2-1. -The provisions of the second subparagraph of Article L. 39-2 shall apply in New Caledonia, French Polynesia and Wallis and Futuna
. The amount of the fine provided for in those provisions is equal to its countervalue in currency Local. "
II. -The provisions of Article L. 32-5 in the overseas departments, in Saint-Pierre and Miquelon and in Mayotte and Article L. 32-6 in New Caledonia, French Polynesia and Wallis and Futuna Islands will enter into force on 1 January 2005.
I. -Order No. 2000-373 of 26 April 2000 on the conditions of entry and residence of foreigners to Mayotte is thus modified:
1 ° V of Article 15 is supplemented by a paragraph worded as follows:
" The temporary resident card may be withdrawn abroad, subject to criminal prosecution on the basis of articles 225-4-1 to 225-4-4, 225-4-7, 225-5 to 225-11, 225-12-5 to 225-12-7, 311-4 (7 °) and 312-12-1 of the Criminal Code. " ;
2 ° 2 ° of Article 30 is supplemented by the words: " Or if, during the period of validity of his or her visa or during the three-month period mentioned above, his conduct constituted a threat to public order. "
II. -Order No. 2000-371 of 26 April 2000 on the conditions of entry and residence of aliens in the Wallis and Futuna Islands is thus amended:
1 ° Article 15 is supplemented by a paragraph worded as follows:
" The Temporary Resident Card May be withdrawn from abroad liable to criminal prosecution on the basis of sections 225-4-1 to 225-4-4, 225-4-7, 225-5 to 225-11, 225-12-5 to 225-12-7, 311-4 (7 °) And 312-12-1 of the Penal Code. " ;
2 ° 2 ° of Article 30 is supplemented by the words: " Or if, during the period of validity of his or her visa or during the three-month period mentioned above, his conduct constituted a threat to public order. "
III. -Order No. 2000-372 of 26 April 2000 on the conditions of entry and residence of aliens in French Polynesia is thus amended:
1 ° Article 16 is supplemented by a paragraph worded as follows:
" The temporary resident card may Be withdrawn abroad and liable to criminal prosecution on the basis of Articles 225-4-1 to 225-4-4, 225-4-7, 225-5 to 225-11, 225-12-5 to 225-12-7, 311-4 (7 °) and 312-2-1 of the Criminal Code. " ;
2 ° 2 ° of Article 32 is supplemented by the words: " Or if, during the period of validity of his or her visa or during the three-month period mentioned above, his conduct constituted a threat to public order. "
IV. -Order No. 2002-388 of 20 March 2002 on the conditions of entry and residence of aliens in New Caledonia is thus amended:
1 ° Article 16 is supplemented by a paragraph worded as follows:
" The temporary resident card may be Withdrawn abroad liable to criminal prosecution on the basis of sections 225-4-1 to 225-4-4, 225-4-7, 225-5 to 225-11, 225-12-5 to 225-12-7, 311-4 (7 °) And 312-12-1 of the Penal Code. " ;
2 ° 2 ° of Article 32 is supplemented by the words: " Or if, during the period of validity of his or her visa or during the three-month period mentioned above, his conduct constituted a threat to public order. "
I. -Article L. 121-24 of the code of communes applicable to New Caledonia is supplemented by a paragraph Written:
" Municipal councillors and special delegates, their spouses, children and direct relatives shall benefit from the provisions of the second to fourth paragraphs of Article L. 122-17. "
II. -Article L. 122-17 of the Code is supplemented by three sub-paragraphs as
: The municipality is obliged to grant its protection to the mayor, the deputies and the chairmen of the special delegation for the damage they are suffering on occasion or of the Performs their functions.
" Such protection shall be extended to the spouses, children and direct ascendants of the persons referred to in the second subparagraph when, due to the functions of the latter, they are victims of threats, violence, assault, Insults, defamation or outrages.
" It may be granted, on their request, to the spouses, children and direct ascendants of the persons referred to in the second paragraph who have died in the performance of their duties. "
I. -The I of Article 3 of Law No. 77-1460 of 29 December 1977 is thus amended:
1 ° 10 Paragraph reads as follows:
" -Articles L. 121-13 to L. 121-23; "
2 ° After the tenth paragraph, are inserted three sub-paragraphs thus written:
" -Article L. 121-24, subject to the addition of this Article by the following paragraph:
" The Municipal councillors and special delegates, their spouses, children and direct ascendants benefit from the provisions of the second to fourth paragraphs of Article L. 122-17;
" -Article L. 121-25; ".
II. -The fifth paragraph of II of the same Article is replaced by five sub-paragraphs thus written:
" -Article L. 122-16;
" -Article L. 122-17 subject to the completion of this Article by the following three paragraphs:
" The commune is held To grant protection to the mayor, the deputies and the chairs of special delegations for the damage they may suffer on occasion or because of their functions.
" This protection is extended to spouses, children and direct relatives Persons referred to in the second subparagraph when, because of the functions of the latter, they are victims of threats, violence, assault, insults, defamation or
. It may be granted, upon request, to spouses, children Direct ascendants of the persons referred to in the second paragraph who have died in the performance of their duties. "
Article 10 of Law No. 95-73 of 21 January 1995 on security orientation and programming is Applicable in New Caledonia, in French Polynesia, in Wallis and Futuna Islands and in Mayotte
Items 1, 3, 21, 22, 23 (I), 24 to 27, 31, 76, 77, 79, 80 to 84, 86 to 89, 91, 94 to 99, 102, 103, 105, 110 to 112 and 117 are applicable to Mayotte.
The second paragraph of Article L. 610-1 of the Labour Code applicable to Mayotte is supplemented by the following words: " And the Offences under articles 225-13 to 225-16-1 of the Penal Code. "
The last paragraph of Article 282 of the Customs Code applicable to Mayotte is as follows:
" The sentence Imprisonment shall be extended to a maximum period of ten years and the fine may be up to five times the value of the purpose of the fraud, either where the facts of smuggling, importation or exportation relate to dangerous goods for the purpose of Public health, morality or public safety, the list of which shall be fixed by order of the Minister responsible for customs, or when committed in an organized band. "
Article 194 of the Customs Code applicable to Mayotte is as follows:
" (a) The Minutes May be written at the place of deposit of the seized objects or instead of the finding of the offence.
" It may also be drawn up in the police quarters, at the headquarters of the gendarmerie brigade, at the office of a finance official, or at the Town hall of the place; ".
In Article L. 341-1 of the Labour Code applicable to Mayotte, the words: Two years " And " 30 000 " Are replaced by the words: " Three years " And " 45 000 ".
Law No. 83-629 of 12 July 1983 Is completed by a Title III written as follows:
"TITLE III
" APPLICABLE TO MAYOTTE
" Art. 34. - This Law shall apply to Mayotte, with the exception of Articles 11-1 to 11-4 and 14-2 and subject to the following adaptations:
1 ° The words: 'in the register of trade and companies shall be replaced by the words' in the local directory of the Enterprises;
" 2 ° Reference to department is replaced by reference to Mayotte;
" 3 ° A to Articles 6-2 and 24, the words " L. 122-9 of the Labour Code are replaced by the words: " L. 122-22 of the Labour Code applicable to Mayotte, and the words: "in Article L. 351-1 of this Code by the words:" by the provisions in force in the community relating to the replacement income;
" 4 ° In 5 ° I of Article 12 and 6 ° of the I of Article 26, the words: " to those Titles II and IV of Book I, Titles Ier and II of Book II, Titles II and IV of Book III and Book VI of the Labour Code are replaced by the words: ' to those of Titles II and IV of Book I, Titles I and II of Book II, Titles Ier to III of Book III and Book VI of the Labour Code applicable to Mayotte " ;
" 5 ° A to Article 13 and to Article 30, the words' L. 620-3 of the Labour Code is replaced by the words: " L. 620-3 of the Labour Code applicable to Mayotte, and Words: " L. 611-9 of the same code are replaced by the words: " L. 610-8 of the labor code applicable to Mayotte ".
I. - The officers of the departmental community of Mayotte assigned, on the date of promulgation of this Law, in the services of the national police shall be integrated into the national police counterparts corresponding to their functions Exercise within the limits of the jobs necessary for the operation of these services in Mayotte, subject to the prior condition of having followed a training cycle.
These integrations will occur as of 1 August 2004.
II. -Agents integrated under the provisions of this Article shall not be transferred outside the territorial limits of Mayotte only on their request or by disciplinary
. -An order in Council of State lays down the conditions for the application of this Article
I. -In the first paragraph of Article L. 325-1 of the road code as it is made applicable in French Polynesia by Article L. 343-1 of the Code, after the words: May ", are inserted the words:" At the request and under the responsibility of the Mayor or the territorially competent judicial police officer, even without the agreement of the owner of the vehicle
. -In the last paragraph of Article L. 325-1 of the Code as it is applicable in French Polynesia by Article L. 343-1 of the Code, after the words: May also ", are inserted the words:" On request and under the responsibility of The mayor or the territorially competent judicial police officer, even without the consent of the owner of the vehicle. "
I. -After the first paragraph of Article L. 325-2 of the code of the road as applicable in French Polynesia by Article L. 343-1 of the Code, it shall be inserted a paragraph worded as
: The impoundment can Also be prescribed by a territorially competent municipal police officer or the Deputy Judicial Police Officer who holds the duties of Chief of the Municipal Police. For the purposes of this provision and on the prescription of the local municipal police chief or the assistant judicial police officer who holds the functions of the municipal police chief, the police officers In the event of a need to open or open the doors of the vehicle, to manoeuvre or manoeuver all devices, the traffic police shall be entitled to open or cause to be opened the doors of the vehicle. They may drive or drive the vehicle, in their presence, to the place of impoundment by using, where appropriate, the autonomous means of propulsion of which the vehicle is fitted. "
II. -In the second paragraph of the same article, the words: In this case " Are replaced by the words: " In the cases provided for in the preceding paragraphs ".
Law n ° 77-1460 of 29 December 1977 is thus amended:
1 ° The I of Article 4 is supplemented by five paragraphs thus written:
" -Article L. 131-15 in the following wording:
" Without prejudice to the The general competence of the police and the national gendarmerie, the municipal police officers shall carry out, within the limits of their powers and under his authority, the tasks falling within the competence of the mayor entrusted to them with regard to Prevention and monitoring of good order, tranquillity, safety and public safety.
" They are responsible for ensuring the execution of the mayor's police orders and for the fact that the tickets have been ticketing Stopped.
" Without prejudice to the powers conferred upon them by special laws, they also find, by trial, the contraventions to the provisions of the road code applicable in French Polynesia, the list of which is fixed By decree in Council of State.
" They shall carry out their duties on the municipal territory, under the conditions laid down in the seventh to eleventh paragraphs of Article 21 of the Code of Criminal Procedure. "
2 ° Article 14 is thus amended:
-in the second paragraph, the reference:" L. 412-49 " Is replaced by the reference: " L. 412-48 " ;
-it is completed with three sub-paragraphs written:
" Article L. 412-49 in the drafting Next:
" The municipal police officers are appointed by the mayor, approved by the state representative and the public prosecutor, and then sworn in.
" The authorisation may be withdrawn or suspended by the representative of the State or Public prosecutor after consultation with the mayor.
The article 40 of Order No. 45-2658 of 2 November 1945 concerning the conditions of entry and residence of aliens in France is thus amended:
1 ° In the first paragraph of the I, the words: In the overseas departments of Guadeloupe, French Guiana, Martinique, Réunion and the Territorial Community of Saint-Pierre and Miquelon " Are replaced by the words: " In French Guiana and in the commune of Saint-Martin " ;
2 ° In the same paragraph, the words: " , for five years from entry into Act No. 98-349 of 11 May 1998, cited above " Are deleted;
3 ° In II, words: " These departments and this territorial community " Are replaced by the words: " In French Guiana and in the commune of Saint-Martin " ;
4 ° III Is written:
" III. -In French Guiana, when the crew of a ship engaged in illegal fishing activities is forced by the administrative authority to go ashore, its members may be remote ex officio, with their agreement and at the expense of the State, to the destination Of Brazil, Surinam or Guyana depending on whether they have the nationality of one of these states. The administrative authority shall take all measures to that end within a time limit which may not exceed 48 hours. "
In the last paragraph of Article 12c of Order No. 45-2658 of 2 November 1945, the words:" For a period of five years from the entry into force of Act No. 98-349 of 11 May 1998 on the entry and residence of aliens in France and the right of asylum " Are deleted.
In the last paragraph of article 78-2 of the Code of Criminal Procedure, after the words:" Below ", are inserted the words:" And on a line drawn to five Kilometres on both sides, and on the national road 2 on the territory of the municipality of Regina ".
This Law shall be enforced as the law of the State
Done at Paris, March 18, 2003.
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 Minister of Social Affairs,
of work and solidarity,
François Fillon
Seals, Minister of Justice,
Dominique Perben
The Minister of Defence,
Michèle Alliot-Marie
The Minister of the Economy,
Finance and Industry,
Francis Mer
The Minister of Equipment, Transport,
Housing, Tourism and the Sea,
Gilles de Robien
Minister of Ecology
and Sustainable Development,
Roselyne Bachelot-Narquin
The Minister of Health, the
Family and People with Disabilities,
Jean-François Mattei
The Minister of Agriculture, Food,
Fisheries and Rural Affairs,
Hervé Gaymard
The Minister of the Public Service,
of
and Spatial Planning,
Jean-Paul Delevoye
The Minister for Overseas,
Brigitte Girardin
Le Minister of Sport,
Jean-François Lamour
Associate Minister for Budget
and Budget Reform,
Alain Lambert
Industry Minister,
Nicole Fontaine
(1) Act No. 2003-239.
-Preparatory work:
Senate:
Bill 30 (2002-2003);
Report by Mr. Jean-Pierre Courtois, on behalf of the Committee on Laws, No. 36 (2002-2003);
Information report by Jeanine Rozier, on behalf of the delegation of women's rights, No. 34 (2002-2003);
Discussion of the 13, 14 and 15 November 2002 and adoption, after emergency declaration, on 19 November 2002.
National Assembly:
Bill, adopted by the Senate, No. 381;
Report by Mr Christian Estrosi, On behalf of the Committee on Laws, No. 508;
Information report by Marie-Jo Zimmermann, on behalf of the delegation of women's rights, No. 459;
Discussion on 14, 15, 16, 21, 22 and 23 January 2003; Adopted on 28 January 2003.
National Assembly:
Report by Mr Christian Estrosi, on behalf of the Joint Joint Committee, No. 595;
Discussion and adoption on 12 February 2003.
Senate:
Bill, as amended by the National Assembly, No. 153 (2002-2003);
Report by Jean-Pierre Courtois, on behalf of the Joint Joint Committee, No. 162 (2002-2003);
Discussion and adoption on 13 February 2003.
-Constitutional Council:
Decision 2003-467 DC of 13 March 2003 published in the Official Journal of the day.
