Key Benefits:
The Prime Minister,
On the Seal Care Report, Minister of Justice, and the Minister for Overseas Affairs,
In view of Organic Law No. 99-209 of 19 March 1999 on New Caledonia, in particular Articles 21 and 22;
Organic Law No. 2004-192 of 27 February 2004 on the status of self-government French Polynesia, in particular Article 14;
In view of the Code of Criminal Procedure;
Given Act No. 61-814 of 29 July 1961 conferring on the Wallis and Futuna Islands the status of overseas territory, in particular its title Ier;
Given the law n ° 2001-616 On 11 July 2001 on Mayotte, in particular Article 3;
In view of the Code of Criminal Procedure applicable in the territories of New Caledonia, French Polynesia and Wallis and Futuna Islands (second part: Orders in Council Decree No. 83-1204 of 29 December 1983, No. 84-801 of 27 August 1984, No. 88-601 of 6 May 1988, No. 94-217 of 11 March 1994 and No. 94-345 of 25 April 1994;
In the light of Decree No. 94-183 of 1 March 1994 extending and adapting in the Regional Community of Mayotte of certain provisions of the Code of Criminal Procedure and the Insurance Code relating to compensation for victims of crime;
Seeing the Referral to the Council of Ministers of Polynesia French as of July 20, 2004;
Seeing the Referral to the Government of New Caledonia as of July 20, 2004;
Seeing the territorial assembly of Wallis and Futuna Islands as of July 20, 2004;
Seeing the reference to the General Council of Mayotte as of July 10, 2004;
The Conseil d' Etat (section of the interior) heard,
Describes:
Book VI: " Implementing rules for the departments of Guadeloupe, French Guiana, Martinique and Réunion " Is repealed.
The subdivision entitled: " General Provisions " Book V is replaced by a book VI entitled and composed as follows:
"LIVRE VI
" OVERSEAS APPLICABLE
"TITLE I
" APPLICABLE PROVISIONS IN OVERSEAS DEPARTMENTS AND SAINT-PIERRE-ET-MIQUELON
"TITLE II
" PROVISIONS APPLICABLE IN NEW CALIA, FRENCH POLYNESIA AND WALLIS AND FUTURE ISLANDS
"Chapter I
" General
"Chapter II
" From the exercise of public action and statement
" Chapter III
"Trial jurisdictions
" Chapter IV
" Of a few special procedures
"Chapter V
" Execution procedures
"Chapter VI
" From Criminal record
"Chapter VII
" Justice costs
" TITLE III
"MAYOTTE APPLICABLE PROVISIONS
" Chapter I
" General
"Chapter II
" From Public Action and Training
" Chapter III
"Trial jurisdictions
" Chapter IV
" Of a few procedures Specific
"Chapter V
" From criminal record
" Chapter VI
"Justice costs"
Title I of Book VI includes Article R. 250.
Chapter I of Title II of Book VI, including Articles R. 251 to R. 254, is worded as follows:
" Art. A. 251. -With the exception of Articles R. 15-29 to R. 15 -33-23, R. 15 -33-43 and R. 15 -33-59, R. 48-1, of the I of Article R. 49-8-3, articles R. 49-8-5 to R. 49-13, R. 63, R. 64, R. 95, R. 98 and R. 100, this Code (Orders in Council of State) is applicable in New Caledonia, subject to the adaptations provided for in this
. With the exception of Articles R. 15-29 to R. 15 -33-23, R. 15 -33-43 and R. 15 -33-59, R. 48-1, R. 49-8-1 to R. 49-13, R. 63, R 64, R. 95, R. 98 and R. 100, this code (Orders in Council of State) is applicable in French Polynesia, subject to the Adaptations to this title.
" With the exception of Articles R. 15-29 to R. 15 -33-23, R. 15 -33-43 and R. 15 -33-59, R. 48-1, R. 49-8-1 to R. 49-13, R. 57-8, R. 63, R. 64, R. 95, R. 98 and R. 100, this code (Orders in Council of State) is applicable in the Wallis and Futuna Islands, under Reserve for adaptations under this Title.
" Art. A. 252. -I.-For the purposes of this Code in New Caledonia, in French Polynesia and in the Wallis and Futuna Islands, the following terms are replaced
follows: 1 ° "department by" overseas community or "New Caledonia;
" 2 ° "prefect and" prefect by "State representative;
" 3 ° "Banque de France by" Institut d' Emission d' Overseas;
" 4 ° "Tribunal de grande instance ou" tribunal d' instance par "tribunal de première instance ou, optionally, by the words" section seconded from the court of first instance;
" 5 ° "prosecutor of the Republic by" prosecutor of the Republic near the court of first instance;
" 6 ° "Registrar by" Head of the Registry;
" 7 ° "Treasury chief accountant or" direct accounting officer of the Treasury by "agent for the collection of fines;
" 8 ° "revenue steward by" agent for the collection of fines;
" 9 ° "Interprofessional minimum wage growth with" guaranteed minimum hourly wage.
" II. -For the purposes of this Code in the Wallis and Futuna Islands, the following terms are replaced
follows: 1 ° "mayor by" constituency chief;
" 2 ° "common by" electoral district.
" III. -Similarly, references to provisions not applicable in New Caledonia, French Polynesia and Wallis and Futuna islands are replaced by references to provisions with the same locally applicable object.
" Art. R. 253. -In New Caledonia, in French Polynesia and in the Wallis and Futuna Islands, the monetary penalties incurred under this Code shall be imposed in local currency in the light of the value of the euro in that currency
Art. R. 254. -In New Caledonia, in French Polynesia and in the Wallis and Futuna Islands, the cost of the costs of justice provided for in this code in euro shall be converted into local currency in the light of the value of the euro in that currency. "
Chapter II of Title II of Book VI, including articles R. 255 to R. 265, is worded as follows:
" Art. R. 255. -For the application of Articles R. 8 and R. 10, the words: "the body of command and control and the body of command and application of the national police shall be replaced by the words:" of the corps of the inspectors and of the corps of the commanders and National Police Peace Officers.
" Art. A. 256. -For the purposes of sections R. 15-1 and R. 15 -5, a paragraph so worded as follows:
" Where the person concerned is on duty on an island other than the one in which the Court of Appeal is based, this period shall run from the first air or sea link. "
" Art. R. 257. -For the purposes of Article R. 15 -12, notifications shall be made by the Secretary of the Committee to the applicant through the hierarchical military or administrative authority issuing a notice to the applicant and the words: "Twelve days are replaced with the words:" one month.
" Art. R. 258. -In Article R. 15 -13, the figure: "Five is replaced by the numer:" fifteen.
" Art. R. 259. -For the purposes of Article R. 15 -14, the notification shall be effected by the intermediary of the hierarchical military or administrative authority issuing a notice to the
. Art. R. 260. -Paragraphs 3 to 6 of Article R. 15-17 are replaced by the following:
" A review panel, whose members are appointed by joint custody of the seals, Minister of Justice, and the Minister of the Interior, shall be established within the jurisdiction of the Court of Appeal in Nouméa and Papeete
It is composed:
" 1 ° From the Attorney General to the Court of Appeal or its delegate, President, and the Public Prosecutor of the Republic near one of the courts of first instance or his delegate;
" 2 ° From the head of the territorial delegation to the recruitment and training of the national police or his representative having at least the rank of Commissioner of Police and the Director of Public
. The review panel secretariat shall be provided by the Public Safety Branch.
" Art. R. 261. Article R. 15-28 reads as follows:
" Art. A. 15 -28. -The officers or judicial police officers shall be competent to carry out their duties in vehicles assigned to the collective transport of passengers, whenever such vehicles, or the network on which they circulate, pass through all or part of their Electoral district. "
" Art. R. 262. Article R. 15-35 reads as follows: "
" 1 ° The copy of the Official Journal or the Official Journal of the community bearing the publication of the association declaration. "
" Art. R. 263. -For the application of Articles R. 15-37 to R. 15-40 to the Court of First Instance of the Wallis and Futuna Islands, the powers conferred on the General Assembly of Judges of the Seat and of the Prosecutor's Office shall be exercised by the President and the Prosecutor The Republic of that jurisdiction.
" Art. R. 264. -Article R. 19 is supplemented by a paragraph worded as follows: '
' Where a revenue authority has been set up at the Registry of the Court, the guarantee shall be paid to the revenue administrator. "
" Art. R. 265. -In Article R. 25, the words: "to the services of the Consolidated Revenue Fund shall be replaced by the words:" to the enforcement officer responsible for the recovery of the fines. "
Chapter III of Title II of Book VI, including articles R. 266 to R. 279, is worded as follows:
" Art. R. 266. -It is based in Nouméa, Papeete and Mata-Utu.
" Art. R. 267. -Where the accused makes use of the option opened by Article 275 of this Code to take for advice one of his or her relatives or friends, the Bulletin No. 2 of the criminal record shall be placed on the record of the
. Art. R. 268. -In Article R. 42, after the first subparagraph, a paragraph shall be inserted as
: If the accused resides on an island which is not served by a regular service of posts, the notification shall be made by the administrative or military authority which shall, without delay, issue a notice stating the date of the request for Notification by the Registrar. "
" Art. R. 269. -In Article R. 43, after the first subparagraph, a paragraph shall be inserted as
: If the accused resides on an island which is not served by a regular service of posts, he shall pay the fine and the fixed right of procedure within sixty days of the notification by the administrative authority or Military, unless it is opposed. "
" At the end of the last paragraph, is added the words "or on the notice.
" Art. A. 270. -I.-The first sentence of the first paragraph of Article R. 45 reads as follows:
The objection made by the accused, within the prescribed time limits, either in the third or fifth paragraph of Article 527 or Article 849, must be filed: "
" II. -In the fourth paragraph of the same article, it shall be inserted after the words: "the letter of notification shall read:" or a copy of the written opinion and after the words: "the references to it shall read the words" or on the notice.
" Art. R. 271. Article R. 48 reads as follows:
" Art. A. 48. -The enforcement officer shall recover the criminal order on expiry of the 30-day period from the date of dispatch of the recommended letter referred to in Article R. 42, paragraph 1, or, if the accused resides in An island which is not served by a regular service of posts, upon expiry of the period of 60 days following notification by the administrative or military authority provided for in Article R. 42, paragraph 2, unless it is done Opposition. "
" Art. R. 272. -Article R. 49 adds a paragraph worded as follows: '
' For New Caledonia and French Polynesia, the amount of the fine is fixed by the Congress of New Caledonia and the assembly of French Polynesia. "
" Art. A. 273. -For the purposes of Article R. 49-1, the last sentence is deleted.
" Art. R. 274. -For the application of Article R. 49-2 in French Polynesia, the model of the stem-discharge book is fixed by a deliberation of the assembly of French Polynesia.
" Art. R. 275. -For the purposes of section R. 49-5, the reference to section "529-5 is deleted.
" Art. R. 276. -In R. 49-7, a paragraph is added as follows:
" For New Caledonia and French Polynesia, the amount of the inflated flat-rate fine is set respectively by the Congress of New Caledonia and the assembly of French Polynesia. "
" Art. A. 277. -For the purposes of Article R. 49-8-1 in New Caledonia, the reference to Article "529-3 is replaced by the reference to Article" 850-1 and the reference to "II of Article 529-4 is replaced by the reference" to the last paragraph of the Article 850-1.
" Art. R. 278. -For the application of Article R. 49-8-2 in New Caledonia, the words: "to the representative of the State in the department in which he has his seat and in Paris, to the prefect of the police shall be replaced by the words:" to the High Commissioner of the Republic in New Caledonia.
" Art. R. 279. -For the purposes of Article R. 49-8-4 in New Caledonia, the reference "to the first paragraph of Article 529-4 shall be replaced by the reference" in Article 850-1. "
Chapter IV of Title II of Book VI, which includes R. 280 to R. 287, is worded as follows:
" Art. R. 280. -The first sentence of Articles R. 50-1 and R. 50-1-1 begins with the sentence:
" In New Caledonia and French Polynesia, ".
" Art. A. 281. -In Article R. 50-2, the words: "Secretary-Clerk shall be replaced by the word" Registrar.
" Art. R. 282. -In Article R. 50-4, after the words: "or in the overseas departments, are added the words:" or in New Caledonia, or in French Polynesia,.
" Art. R. 283. Article R. 50-5 reads as follows:
" Art. R. 50-5. -If the applicant does not remain in metropolitan France or in the overseas departments, nor in the overseas communities, nor in New Caledonia and if no criminal jurisdiction has been entered in metropolitan France or in the departments Overseas, neither in the overseas communities nor in New Caledonia, the competent committee is that of the Tribunal de grande instance de Paris. "
" Art. R. 284. -Articles R. 50-17, R. 50-20, R. 50-22 and R. 51, summonses, information and decisions shall be made, in the case of the applicant, in the form of a registered letter with a request for notification of receipt or administrative notification against Neat.
" Art. R. 285. Article R. 50-28 reads as follows:
" Art. R. 50-28. -The two-month period provided for in R. 50-17 is increased by one month for persons who do not remain in the community or in New Caledonia where the Commission has its seat. "
" Art. R. 286. -For the purposes of Article R. 51-1, references to registration in the "Register of Trade and Companies and the" Register on which the privileges and security rights are registered shall be replaced by the references to registration " made According to locally applicable regulations.
" Art. R. 287. -For the purposes of Article R. 53-40, references to the code of the road, the code of public health, the forestry code, the code of debits and the rural code shall apply only if there is an applicable provision Locally with the same object. "
Chapter V of Title II of Book VI, comprising Articles 288 and 289, is worded as follows:
" Art. R. 288. -For the application in New Caledonia, French Polynesia and Wallis and Futuna Islands, the last sentence of Article R. 57-5 is deleted.
" Art. R. 289. -The second paragraph of Article R. 60 reads as follows:
" The officer appointed by that judge to ensure the rehabilitation of minors under supervision shall then exercise the role of the qualified person within the meaning of Article 740. "
Chapter VI of Title II of Book VI, including articles R. 290 to R. 309, is worded as follows:
" Art. R. 290. -Article R. 62 reads as follows:
" Art. A. 62. -In New Caledonia, in French Polynesia and in the Wallis and Futuna Islands, the criminal record instituted by the court of first instance is held by the chief registrar of that court under the supervision of the prosecutor of the Republic and Attorney General. It shall receive the records relating to natural persons born within the jurisdiction of the Court of First Instance and the sheets of legal persons whose registered office is within the jurisdiction of that
. The automated national criminal record department receives records relating to natural persons born in France, natural persons born abroad, persons whose birth certificate is not found or whose identity is doubtful And legal persons whose registered office is located in France. "
" Art. A. 291. Article R. 66-1 reads as follows:
" Art. R. 66-1. -For persons referred to in paragraph 1 of Article R. 62, the sheets shall be addressed to the Chief Registrar of the Court of First Instance, either on paper or in the form of a magnetic recording or by means of a telecomputer. "
" Art. A. 292. -Article R. 67 reads as follows:
" Art. A. 67. -The records of a disciplinary decision by an administrative authority, which entails or enacting disabilities, shall be addressed to the Registry of the Court of First Instance of the place of birth of the natural person who is the subject thereof, In accordance with the second paragraph of Article R. 62, at the service of the automated national criminal record, upon receipt of the notice which is given in the shortest time to the public prosecutor or to the Minister of Justice by the authority which has Rendered decision.
" The records of an expulsion order shall be drawn up by the authority from which it is issued and transmitted to the criminal record of the court of first instance of the place of birth or, in accordance with the second paragraph of Article R. 62, to the service of the locker National automated judicial system. "
" Art. R. 293. -Article R. 68 reads as follows:
" Art. A. 68. -The records are placed in the criminal record of the court of first instance in alphabetical order and for each person in the order of the date of the judgments, judgments, decisions or opinions. "
" Art. R. 294. -I.-The first two paragraphs of Article R. 69 read as follows:
" The Registrar of the Court of First Instance of the place of birth, for natural persons, and the place of the head office of the undertaking or establishment, for legal persons, as soon as it is notified, shall record the prescribed particulars on the records Articles 769 and 769-1.
" The notice shall be sent promptly to the public prosecutor or, in accordance with the second paragraph of Article R. 62, to the national automated criminal record service. "
" II. -Other amendments to section R. 69 are as follows:
" -at 4 °, the words: "by the Minister of the Interior are replaced by the words:" by the authority from which they emanate;
" -at 6 °, the words: "by the treasurers-general, the individual recipients of the finances and the collectors shall be replaced by the words:" by the agent responsible for the recovery of the
. III. -The last paragraph is deleted.
" Art. R. 295. -The first two paragraphs of Article R. 70 are drafted as follows:
" The records are removed from the criminal record and destroyed by the clerk of the court of first instance in the following cases:
" 1 ° Upon the death of the holder of the card, drawn up in particular by the reference to the register of the civil status of births pursuant to Article 79 of the Civil Code or, if the death has not reached the knowledge of the Registrar, where the holder would have Reaches the age of 100 years; "
" Art. R. 296. -Article R. 71 reads as follows:
" Art. A. 71. -The Registry of the Court of First Instance of the place of birth, for natural persons, or the place where the head office of the undertaking or establishment is situated, for legal persons, or, in accordance with the second paragraph of Article R. 62, the Automated national criminal record service receives notices from foreign authorities concerning French persons convicted by foreign jurisdictions.
" These notices, which constitute records, are filed in the criminal record of the original court of first instance or, if necessary, after their transcription on a form-based form. "
" Art. A. 297. -Article R. 72 reads as follows:
" Art. A. 72. -For persons born in the overseas communities or in New Caledonia and sentenced by a French criminal court other than that of their place of birth, the records provided for in Articles R. 65 and R. 67, paragraph 2, and opinions Pursuant to Articles R. 67, first paragraph, R. 69 and R. 71, shall be transmitted to the Public Prosecutor or the Public Prosecutor of the Republic, close to the court of appeal of the community in which the place of birth is situated, which shall send them to the Registry Competent. "
" Art. R. 298. -Article R. 73 reads as follows:
" Art. A. 73. -Where the communication of notices of conviction is provided for in international conventions, the copies of the records shall be drawn up and addressed by the Registrar of the Court of First Instance to the Ministry of Justice for transmission to the Competent authorities. "
" Art. R. 299. -I.-In the first paragraph of Article R. 74, the words "to the management of the recruitment and statistics of the military region in the territory of which it is located are replaced by the words:" to the competent military authority of the Community.
" II. -In the second paragraph of Article R. 74, the words: "the authority shall be replaced by the words:" the Registrar and the words: " to the management of the recruitment and statistics of the military region in the territory of which it is located shall be replaced By the words: "to this military authority.
" Art. R. 300. Article R. 75 reads as follows:
" Art. A. 75. -Where a court has handed down a decision against a Frenchman entailing the deprivation of electoral rights, the court clerk shall draw up a copy of the criminal record sheet on a special form, and regardless of the age and sex of the convicted person To the competent administrative authority, specifying, for each case, the date on which the incapacity will cease to have effect.
" If a decision or new measure changes the electoral capacity of the holder of the file, notice shall be given by the Registrar who has drawn up this form to the competent administrative authority. "
" Art. R. 301. -The first paragraph of Article R. 76 is worded as follows:
" Bulletin No. 1 shall be claimed at the Registry of the Court of First Instance at the place of birth or, in accordance with the second paragraph of Article R. 62, at the service of the national automated criminal record, by letter, telegram, telefacsimile or teletransmission, Indicating the civil status of the person whose bulletin is requested and specifying the requesting judicial authority. "
" Art. R. 302. -Article R. 77 reads as follows:
" Art. A. 77. -Before establishing the Bulletin No 1 of a natural person, the clerk of the court of first instance shall check the civil status of the person concerned; if the result of the examination of the registers of the civil status is negative, he shall enter in the body of the ballot, to The exclusion of any other mention, the indication "no applicable birth certificate.
" In the event that, for any reason, the authority which establishes Bulletin No 1 does not have the acts of the civil status, it shall indicate in a very apparent way on the ballot the statement: " unverified identity. "
" Art. R. 303. -I.-The first sentence of Article R. 77-1 reads as follows:
Before establishing the Bulletin No 1 of a legal person, the Registrar of the Court of First Instance shall verify the registration of the latter in the directory of identification of undertakings. "
" II. -The second paragraph of Article R. 77-1 reads as follows:
" If the legal person is not registered, the Registrar of the Court of First Instance shall record the reference to " identity not ascertainable. "
" Art. R. 304. -I.-The 10 ° of Article R. 79 reads as follows:
" 10 ° To the advice of the order of physicians, dental surgeons and midwives who have entered into the table or disciplinary proceedings; "
" II. -The 14 ° of Article R. 79 reads as follows:
" 14 ° To the institutions referred to in Article L. 351-2 of the Labour Code applicable in metropolitan France;
" III. -The 19 ° of Article R. 79 reads as follows:
" 19 ° To public hospital institutions when they are seized of a job application; "
" Art. R. 305. -The first paragraph of Article R. 80 is worded as follows:
" Bulletin No 2 shall be claimed at the Registry of the Court of First Instance or, in accordance with the second paragraph of Article R. 62, at the service of the national automated criminal record, by letter, telegram, telefacsimile or teletransmission, with the indication of The civil status of the person whose bulletin is requested, the quality of the applicant authority and the reason for the
. If the person whose ballot is requested is a legal person, the application must include an indication of its name, its registration in the directory of identification of the undertakings and its registered office. Where the legal person is not registered, proof of identity must be attached in support of the application. "
" Art. R. 306. -Article R. 82 reads as follows:
" Art. A. 82. -Bulletin No 3 may be requested only by the person concerned or his or her legal representative in the case of a minor or major under guardianship
The application, which shall specify the civil status of the person concerned, may be made by letter or telecomputer
Bulletin No. 3 may also be obtained if the person concerned presents himself to the registrar or to the automated national criminal record and justifies his or her identity
If the applicant does not know or cannot sign, the mayor or, in the case of the Wallis and Futuna Islands, the head of the territorial electoral district, or the police commissioner who certifies at the same time as the Request is made on behalf of and on the initiative of the person that Newsletter No. 3 concerns. "
" Art. R. 307. -Article R. 83 reads as follows:
" Art. A. 83. -Before drawing up Bulletin No 3, the Registrar shall check the civil status of the person concerned; if he does not find out on the registers of the civil status of the applicable birth certificate, he shall refuse the issuance of the ballot and inform the public prosecutor of the Republic.
" In the event that, for any reason, the authority which establishes Bulletin No 3 does not have the acts of the civil status, it shall, in an apparent manner, indicate the statement " unverified identity. "
" Art. R. 308. -Article R. 88 reads as follows:
" Art. A. 88. -The clerk of the court of first instance of the place of birth for natural persons or, in accordance with the second paragraph of Article R. 62, the service of the automated national criminal record shall be informed, by the counsel of the The Republic or the Attorney General, arrest warrants and judgments or judgments giving sentences to deprivation of liberty, which are contradictory or by default, which have not been executed. These notices are filed with the criminal record.
" They shall be returned with all relevant indications allowing the execution of warrants, judgments or judgments, by the clerk of the court of the place of birth or the service of the automated national criminal record to the prosecutor of the Republic near the Court, to the public prosecutor close to the court of appeal of which they emanate, or to the Commissioner of the Government close to one of the courts of the armed forces instituted in accordance with Law No. 82-621 of 21 July 1982, when the persons concerned request a Newsletter No. 3 or that they have been asked for a bulletin no. 1 or 2.
" In addition, the military authorities shall give notice to the clerk of the court of first instance of the place of birth or, in accordance with the second paragraph of Article R. 62, to the national automated criminal record of cases of insubordination or Desertion of which they are aware. These notices are classified in the criminal record. They shall be returned, with all relevant indications, to the authorities of which they emanate, in the circumstances provided for in the second subparagraph. "
" Art. R. 309. -The second paragraph of Article R. 90 is deleted. "
Chapter II of Title III of Book VI, including Articles R. 361 to R. 371, is worded as follows:
" Art. R. 361. -For the application of Articles R. 8 and R. 10, the words: "the body of command and control and the body of command and application of the national police shall be replaced by the words:" of the corps of the inspectors and of the corps of the commanders and National Police Peace Officers.
" Art. A. 362. -The first paragraph of Article R. 15-2 reads as follows:
" The prosecutor of the Republic near the higher court of appeal shall declare the withdrawal or, for a period not exceeding two years, the suspension of the entitlement to exercise the powers of the judicial police officer, by order Either ex officio or on the proposal of the head of the corps or the commander of the overseas gendarmerie forces. "
" Art. R. 363. -For the purposes of Article R. 15 -12, notifications shall be made by the Secretary of the Committee to the applicant through the hierarchical military or administrative authority issuing a notice to the applicant and the words: "Twelve days are replaced with the words:" one month.
" Art. R. 364. -In Article R. 15 -13, the figure: "Five is replaced by the numer:" fifteen.
" Art. A. 365. -For the purposes of Article R. 15 -14, the notification shall be effected by the intermediary of the hierarchical military or administrative authority issuing a notice to the
. Art. A. 366. -In R. 15 -36, the words: "first president are replaced by the words:" President of the Superior Court of Appeal.
" Art. A. 367. -I.-For the application of Articles R. 19 to R. 24, the words: "revenue steward shall be replaced by the words:" agent for the recovery of fines
II. -Article R. 19 is supplemented by a paragraph worded as follows: '
' Where a revenue authority has been set up at the Registry of the Court, the guarantee shall be paid to the revenue administrator. "
" Art. R. 368. -Articles R. 20, R. 21 and R. 24, before the words: "the revenue steward shall be inserted the words:" the chief clerk or by.
" Art. R. 369. -In Articles R. 23, R. 24 and R. 25, the words: "Caisse des dépôts et consignations sont supersede par les mots:" recipe des finances.
" Art. R. 370. -The first paragraph of Article R. 22 reads as follows:
" The Chief Clerk or Revenue Officer shall notify the investigating judge of any deficiencies or delays in the payment of the bond. "
" Art. R. 371. -In Article R. 25, the words: "to the services of the Consolidated Revenue Fund shall be replaced by the words:" to the enforcement officer responsible for the recovery of the fines. "
Chapter IV of Title III of Book VI, including Articles R. 374 and R. 375, is worded as follows:
Art. R. 374. -For the application of the first paragraph of Article R. 50-1, the alternate members of the two judges of the seat shall be chosen from among the assessors appointed pursuant to Article L. 943-7 of the Code of the Judicial
. Art. R. 375. -When the claim for compensation is brought before the Commission sitting in Mayotte, the two-month period provided for in Article R. 50-17 shall be increased by:
" 1 month for people who stay in France, outside Mayotte;
" 2 ° Two months for people who stay abroad.
" The foregoing provisions do not preclude the power of judges, in the event of an emergency, to shorten the time required to appear. "
Chapter V of Title III of Book VI, including articles R. 376 to R. 394, is worded as follows:
" Art. R. 376. -Article R. 62 reads as follows:
" Art. A. 62. -In Mayotte, the criminal record instituted by the court of first instance is held by the chief registrar of that court under the supervision of the public prosecutor and the attorney general. It shall receive the records relating to natural persons born within the jurisdiction of the Court of First Instance and the sheets of legal persons whose registered office is within the jurisdiction of that
. The automated national criminal record department receives records relating to natural persons born in France, natural persons born abroad, persons whose birth certificate is not found or whose identity is doubtful And legal persons whose registered office is located in France. "
" Art. R. 377. Article R. 66-1 reads as follows:
" Art. R. 66-1. -For persons referred to in paragraph 1 of Article R. 62, the sheets shall be addressed to the Chief Registrar of the Court of First Instance, either on paper or in the form of a magnetic recording or by means of a telecomputer. "
" Art. R. 378. -Article R. 67 reads as follows:
" Art. A. 67. -The records of a disciplinary decision by an administrative authority, which entails or enacting disabilities, shall be addressed to the Registry of the Court of First Instance of the place of birth of the natural person who is the subject thereof, In accordance with the second paragraph of Article R. 62, at the service of the automated national criminal record, upon receipt of the notice which is given in the shortest time to the public prosecutor or to the Minister of Justice by the authority which has Rendered decision.
" The records of an expulsion order shall be drawn up by the authority from which it is issued and transmitted to the criminal record of the court of first instance of the place of birth or, in accordance with the second paragraph of Article R. 62, to the service of the locker National automated judicial system. "
" Art. R. 379. -Article R. 68 reads as follows:
" Art. A. 68. -The records are placed in the criminal record of the court of first instance in alphabetical order and for each person in the order of the date of the judgments, judgments, decisions or opinions. "
" Art. R. 380. -I.-The first two paragraphs of Article R. 69 read as follows:
" The Registrar of the Court of First Instance of the place of birth for natural persons and the place of business of the business or of the establishment, for legal persons, as soon as he is notified, shall record the particulars prescribed in the Items 769 and 769-1.
" The notice shall be sent promptly to the public prosecutor or, in accordance with the second paragraph of Article R. 62, to the national automated criminal record service. "
" II. -Other amendments to section R. 69 are as follows:
" -at 4 °, the words: "by the Minister of the Interior are replaced by the words:" by the authority from which they emanate;
" -at 6 °, the words: "by the treasurers-general, the individual recipients of the finances and the collectors shall be replaced by the words:" by the agent responsible for the recovery of the
. III. -The last paragraph is deleted.
" Art. R. 381. -The first two paragraphs of Article R. 70 are drafted as follows:
" Art. A. 70. -The records are removed from the criminal record and destroyed by the clerk of the court of first instance in the following cases:
" 1 ° Upon the death of the holder of the card, drawn up in particular by the reference to the register of the civil status of births pursuant to Article 79 of the Civil Code or, if the death has not reached the knowledge of the Registrar, where the holder would have Reaches the age of 100 years; "
" Art. R. 382. -Article R. 71 reads as follows:
" Art. A. 71. -The Registry of the Court of First Instance of the place of birth, for natural persons, or the place where the head office of the undertaking or establishment is situated, for legal persons, or, in accordance with the second paragraph of Article R. 62, the Automated national criminal record service receives notices from foreign authorities concerning French persons convicted by foreign jurisdictions.
" These notices, which constitute records, are filed in the criminal record of the original court of first instance or, if necessary, after their transcription on a form-based form. "
" Art. R. 383. -Article R. 72 reads as follows:
" Art. A. 72. -For persons born in Mayotte and sentenced by a French criminal court other than that of their place of birth, the records provided for in Articles R. 65 and R. 67 (2), and the opinions provided for in Articles R. 67 first, R. 69 and R. 71, are transmitted to the Public Prosecutor of the Republic at the higher court of appeal of the community, who shall send them to the competent registry. "
" Art. R. 384. -Article R. 73 reads as follows:
" Art. A. 73. -Where the communication of notices of conviction is provided for in international conventions, the copies of the records shall be established and transmitted by the Registrar of the Court of First Instance to the Ministry of Justice for their transmission To the competent authorities. "
" Art. A. 385. -In the first paragraph of Article R. 74, the words "to the management of the recruitment and statistics of the military region in the territory of which it is located are replaced by the words:" to the competent military authority of the Community.
" In the second paragraph of Article R. 74, the words: "the authority shall be replaced by the words:" the Registrar and the words: " to the management of the recruitment and statistics of the military region in the territory of which he is located shall be replaced by Words: "to this military authority.
" Art. R. 386. Article R. 75 reads as follows:
" Art. A. 75. -Where a court has handed down a decision against a Frenchman entailing the deprivation of electoral rights, the court clerk shall draw up a copy of the criminal record sheet on a special form, and regardless of the age and sex of the convicted person To the competent administrative authority, specifying, for each case, the date on which the incapacity will cease to have effect.
" If a decision or new measure changes the electoral capacity of the holder of the file, notice shall be given by the Registrar who has drawn up this form to the competent administrative authority. "
" Art. R. 387. -The first paragraph of Article R. 76 is worded as follows:
" Bulletin No. 1 shall be claimed at the Registry of the Court of First Instance at the place of birth or, in accordance with the second paragraph of Article R. 62, at the service of the national automated criminal record, by letter, telegram, telefacsimile or teletransmission, Indicating the civil status of the person whose bulletin is requested and specifying the requesting judicial authority. "
" Art. R. 388. -Article R. 77 reads as follows:
" Art. A. 77. -Before establishing the Bulletin No 1 of a natural person, the clerk of the court of first instance shall check the civil status of the person concerned; if the result of the examination of the registers of the civil status is negative, he shall enter in the body of the ballot, to The exclusion of any other mention, the indication: "no applicable birth certificate.
" In the event that, for any reason, the authority which establishes Bulletin No 1 does not have the acts of the civil status, it shall indicate in a very apparent way on the ballot the statement: " unverified identity. "
" Art. A. 389. -I.-The first sentence of Article R. 77-1 reads as follows:
Before establishing the Bulletin No 1 of a legal person, the Registrar of the Court of First Instance shall verify the registration of the latter in the directory of identification of undertakings. "
" II. -The second paragraph of Article R. 77-1 reads as follows:
" If the legal person is not registered, the Registrar of the Court of First Instance shall record in Newsletter No. 1: " identity not ascertainable. "
" Art. R. 390. -I.-The 10 ° of Article R. 79 reads as follows:
" 10 ° To the advice of the order of physicians, dental surgeons and midwives who have entered into tables or disciplinary proceedings; "
" II. -The 14 ° of Article R. 79 reads as follows:
" 14 ° To the institutions referred to in Article L. 351-2 of the Labour Code applicable in metropolitan France; "
" III. -The 19 ° of Article R. 79 reads as follows:
" 19 ° To public hospital institutions when they are seized of a job application; "
" Art. A. 391. -The first paragraph of Article R. 80 is worded as follows:
" Art. A. 80. -Bulletin No 2 shall be claimed at the Registry of the Court of First Instance or, in accordance with the second paragraph of Article R. 62, at the service of the automated national criminal record, by letter, telegram, telefacsimile or teletransmission, with the indication The civil status of the person whose bulletin is requested, the quality of the applicant authority and the reason for the
. If the person whose ballot is requested is a legal person, the application must include an indication of its name, its registration in the Register of Commerce and of the companies and its registered office. Where the legal person is not registered, proof of identity must be attached in support of the application. "
" Art. A. 392. -Article R. 82 reads as follows:
" Art. A. 82. -Bulletin No 3 may be requested only by the person concerned or his or her legal representative in the case of a minor or major under guardianship
The request to specify the civil status of the person concerned may be made by letter or telecomputer
Bulletin No. 3 may also be obtained if the person concerned presents himself to the registrar or to the automated national criminal record and justifies his or her identity
If the applicant does not know or is unable to sign, this is evidenced by the Mayor or the Commissioner of Police who, at the same time, attests that the application is made on behalf of and on the initiative of the person that Newsletter No. 3 concerns. "
" Art. R. 393. -Article R. 83 reads as follows:
" Art. A. 83. -Before drawing up Bulletin No 3, the Registrar shall check the civil status of the person concerned; if he does not find out on the registers of the civil status of the applicable birth certificate, he shall refuse the issuance of the ballot and inform the public prosecutor of the Republic.
" In the event that, for any reason, the authority which establishes Bulletin No 3 does not have the acts of the civil status, it appears on the ballot, in an apparent manner, the statement: " unverified identity. "
" Art. R. 394. -Article R. 88 reads as follows:
" Art. A. 88. -The clerk of the court of first instance of the place of birth for natural persons or, in accordance with the second paragraph of Article R. 62, the service of the automated national criminal record shall be informed, by the counsel of the The Republic or the Attorney General, arrest warrants and judgments or judgments giving sentences to deprivation of liberty, which are contradictory or by default, which have not been executed. These notices are filed with the criminal record.
" They shall be returned with all relevant indications allowing the execution of warrants, judgments or judgments, by the clerk of the court of the place of birth or the service of the automated national criminal record to the prosecutor of the Republic near the Court, to the public prosecutor close to the court of appeal of which they emanate, or to the Commissioner of the Government close to one of the courts of the armed forces instituted in accordance with Law No. 82-621 of 21 July 1982, when the persons concerned request a Newsletter No. 3 or that they have been asked for a bulletin no. 1 or 2.
" In addition, the military authorities shall give notice to the clerk of the court of first instance of the place of birth or, in accordance with the second paragraph of Article R. 62, to the national automated criminal record of cases of insubordination or Desertion of which they are aware. These notices are classified in the criminal record. They shall be returned, with all relevant indications, to the authorities of which they emanate, in the circumstances provided for in the second subparagraph. "
Chapter VI of Title III of Book VI, comprising Articles R. 395 to R. 430, is worded as follows:
" Art. R. 395. -For the purposes of Article R. 93, the 18 ° shall be deleted
Art. R. 396. -The first paragraph of Article R. 94 reads as follows:
" The accused or accused shall be transferred either by the vehicles of the gendarmerie or the police, by air, by sea, or by particular vehicles on the requisition of the judicial authorities. "
" Art. R. 397. -Article R. 96 reads as follows:
" Art. A. 96. -The requisition shall be made in two copies, one of which shall be given to the Registrar responsible for the liquidation of the costs of the trial and the other to the carrier for the purpose of producing it in support of his submission. "
" Art. R. 398. -Article R. 97 reads as follows:
" Art. A. 97. -When the defendants or accused are transferred by vehicles of the gendarmerie or the police, a kilometric allowance is awarded for the journey and return journey. The rate is uniform regardless of the type of vehicle used and the number of people transported.
" This rate is fixed by the custody of the seals, the Minister of Justice, and the Minister responsible for the budget. "
" Art. R. 399. -Articles R. 98 and R. 100 of this Code shall not apply.
" Art. R. 400. -In Article R. 99, the words: "railway are replaced by the words:" airway.
" Art. R. 401. -In R. 101, the words: "either by rail are deleted.
" Art. R. 402. -Article R. 102 reads as follows:
" Art. A. 102. -Escort chiefs shall be responsible for ensuring the provision of food and other essential objects to persons charged, accused and accused during their translation
The reimbursement of expenses so incurred shall be made to suppliers on the production of briefs accompanied by the requisitions in original or in copy, as stated in Article R. 96. "
" Art. R. 403. -In the first two paragraphs of Article R. 103, after the words: "gendarmes, are inserted the words:" and agents responsible for driving.
" Art. R. 404. -In Article R. 105, the words: "the administrator named in each secretary-registrar shall be replaced by the words:" the chief clerk and the words: "direct accounting of the treasury shall be replaced by the words:" accounting officer.
" Art. R. 405. -I.-In Article R. 110, the first six paragraphs shall be replaced by two paragraphs drafted as follows:
" Where experts travel, they shall be allocated, on the basis of justification, a transport allowance equal to the cost, duly justified, of the means of public transport which has been used or, failing that, compensation per kilometre travelled so far as to Return according to the rates for the movements of civil personnel in the state using a personal car.
" Claims for reimbursement must be accompanied by the title of carriage that has been used or the certification of the persons certifying that they have used their personal vehicle. "
" II. -In the seventh paragraph of Article R. 110, the words: "holders of traffic permits or deleted.
" Art. A. 406. -For the purposes of Article R. 116-1, the words'fixed pursuant to Article L. 162-15 -2 of the Social Security Code shall be replaced by the words' Locally fixed for similar acts.
' Art. R. 407. Article R. 120-1 reads as follows:
" Art. R. 120-1. -It shall be allocated to each expert, for complete mechanical expertise relating to one or more motor vehicles, following traffic accidents, excluding simple examinations only involving specified organs of the vehicle, and The exclusion of any compensation for drawing up plans, taking photographs and living expenses: EUR 83.85. "
" Art. R. 408. -The penultimate subparagraph of Article R. 122 reads as follows:
" The sums set out in this Article shall be increased by 25 % when the translation relates to a language other than English or one of the languages spoken in Mayotte. "
" Art. A. 409. -The first six paragraphs of Article R. 133 are replaced by a paragraph worded
follows: Where witnesses travel, they shall be provided with justification for a transport allowance equal to the cost, duly justified, of the means of public transport which has been used on the basis of the most economical class tariff or, failing that, Allowance per kilometre travelled so far as to go and return according to the rates for the movements of state civilian personnel using their personal car. "
" Art. R. 410. Article R. 134 is worded as follows:
" Art. A. 134. -Where a witness is out of order for the cost of his or her travel, he shall be issued by the commander of the gendarmerie brigade, if he so requires, and upon presentation of the summons or summons, a requisition for carriage. "
" Art. R. 411. -The second paragraph of the third section of the second chapter of Title X of book V is entitled:
"Paragraph 2
" assessors near the criminal court "
" Art. R. 412. -In articles R. 139 and R. 145, the words: "members of the criminal jury are replaced by the words:" assessors near the criminal court and articles R. 140 and R. 142, the word: "jurors is replaced by the words:" assessors near the court Criminal.
" Art. R. 413. -In Articles R. 135 and R. 142, after the word: "officials, are inserted the words:" state.
" Art. R. 414. Article R. 141 is worded as follows:
" Art. A. 141. -When the assessors near the criminal court move, they shall be allocated, on justification, a transport allowance which is calculated as is said for the experts in Article R. 110
The provisions of Article R. 134 shall also apply. "
" Art. R. 415. Article R. 146 reads as follows:
" Art. R. 146. -Where an assessor near the criminal court is out of order for the cost of his or her travel, the assessor shall be carried out in accordance with the provisions of R. 134. "
" Art. R. 416. Article R. 147-1 reads as follows:
" Art. R. 147-1. -The cost of child care expenses incurred by the detention of a vehicle pursuant to Articles 131-6 (5 °) and 131-14 (2 °) of the Penal Code shall be fixed by an order of the Prefect. "
" Art. R. 417. -In Article R. 149, the words: "direct accounting of the treasury are replaced by the words" receiver of the domains. "
" Art. R. 418. -In Article R. 187, after the words: "public prosecutor, the words" shall be inserted, subject to the regulations concerning the military members of the gendarmerie acting as bailiffs
Art. R. 419. -At the end of the second paragraph of Article R. 189, the words: "by inserting a police bulletin shall be replaced by the words" by any other means.
" Art. R. 420. -Paragraphs 2 and 3 of Article R. 194 are deleted.
" Art. R. 421. -In R. 212, the words: "Minister of Justice are replaced by the word:" prefect.
" Art. R. 422. -In Article R. 219, the words: "the imprest administrators are replaced by the words:" the financial recipient.
" Art. R. 423. -In Article R. 224-2, after the words: "of the State are added the words:" or of the community.
" Art. R. 424. -For the application of Article R. 227-1, the words: "the President of the Tribunal of the High Court or the Court of Instance, in whose jurisdiction the bailiff has his residence, shall be replaced by the words:" the President of the court in the jurisdiction That the bailiff has his residence.
" Art. R. 425. -In Article R. 229, the words: "payment of the expenditure part by the administrator in the hands of this accountant are replaced by the word" payment.
" Art. R. 426. -Article R. 233 is worded as follows:
" Art. R. 233. -Unless otherwise specified, the payment of fees shall be effected by the public treasury in the light of a statement or statement by the certified or taxed stakeholder. "
" Art. R. 427. -The first paragraph of Article R. 234 reads as follows:
" In the case of a memorandum or a certified statement, the accounting officer assigned before payment or the stakeholder, within one month of the receipt of the payment, may lodge a complaint with the public prosecutor, who Requisitions the taxing magistrate. "
" Art. R. 428. -In Article R. 249-7, the words: "imprest administrator and" accounting officer of the Treasury are replaced by the words: "the financial recipient.
" Art. R. 429. -Article R. 249-8 reads as follows:
" Art. R. 249-8. -An appeal against the decision may be brought before the court referred to in (a) and (b) of Article R. 249-6 by the Public Prosecutor's Office at the request of the public treasury within one month of the payment of the indemnity
The refusal of the public prosecutor to exercise the appeal shall be brought to the knowledge of the Consolidated Revenue Fund. "
Done at Paris, April 27, 2005.
Jean-Pierre Raffarin
By the Prime Minister:
Minister Overseas,
Brigitte Girardin
The Seals Guard, Minister of Justice,
Dominique Perben
