Key Benefits:
Prime Minister,
On the report of the seal of the seals, Minister of Justice,
Due to Organic Law No. 99-209 of 19 March 1999 on New Caledonia ;
Given the Organic Law n ° 2004-192 of 27 February 2004 on the autonomy status of French Polynesia, as amended by Organic Law No. 2007-223 of 21 February 2007;
In view of the Civil Code, in particular Article 16-12;
Given the code of Criminal procedure, in particular Articles 2-1 to 2-21, 42, 52-1, 64-1, 83, 83-1, 116-1, 161-1, 221, 221-3, 706-35-1, 706-47-3, 706-49, 706-50, 706-56, 707-1, 712-17 and 727-1;
Given the general code of local authorities, in particular its articles L. 2211-2, L. 2215-2 and L. 2512-15;
In view of the amended Act No. 61-814 of 29 July 1961 conferring on the Wallis and Futuna Islands the status of overseas territory;
In view of Act No. 2001-616 of 11 July 2001 on Mayotte, in particular its Section 3-I (4 ° and 5 °);
In view of Act No. 2007-291 of 5 March 2007 to strengthen the balance of criminal proceedings, in particular Articles 30 and 31;
In view of Act No. 2007-297 of 5 March 2007 on the prevention of delinquency, in particular Articles 81 and 82;
In light of Decree No. 62-1587 of 29 December 1962 on the general regulation on public accounting;
In light of Decree No. 64-1333 of 22 December 1964 on the recovery of fines and financial penalties by the Direct Treasury accounting,
Deprecated:
The provisions of the Code of Criminal Procedure (Part 3: Decrees) are amended in accordance with the following articles.
I. -In Chapter II of Title I of the Book I shall be inserted three articles D. 15 -2, D. 15-3 and D. 15-4 thus written:
" Art. D. 15 -2. -The annual report provided for in the third paragraph of Article 35 shall be sent by the Public Prosecutor of the Republic to the Attorney General before 31 January of the year following the year to which it
. This report shall be annexed to or included in the report provided for in the third paragraph of Article 41 concerning police custody measures and police custody, which shall be drawn up by the public prosecutor in the light of, inter alia, information and To that end by the judicial police services and units of its jurisdiction, as well as the report on the state and time limits for the execution of the penalties provided for by Article 709-2.
" The Attorney General shall send to the Minister of Justice a summary of the reports transmitted to him by the prosecutors of the Republic of his jurisdiction, before 31 March of the year following that to which they
. Art. D. 15 -3. -For the application of the provisions of Article 39 (1) of this Code, the Public Prosecutor shall be a member of the law of the territorial authorities of cooperation for the prevention of delinquency referred to in the General Code of the Communities Territorial.
" Within these bodies, he represents the judicial authority and the decentralised departments of the Ministry of Justice, with, where they are members, the President of the High Court and, where appropriate, other judges of the
. In accordance with the provisions of Article L. 2211-2 of the General Code of Local and Regional Authorities, it signs the conventions provided for in Articles L. 2215-2 and L. 2512-15 of the Code relating to the fight against insecurity and the prevention of Criminality.
" Art. D. 15 -4. -In the event of an emergency, the prosecutor of the Republic may directly request any officer or judicial police officer belonging to a service or unit whose territorial jurisdiction does not, in whole or in part, overlap with that of the High Court Procedure, for the purpose of proceeding in their jurisdiction to one or more acts which such officers or officers are entitled to perform under the provisions of this Code and which such judge shall specify, such as the hearing of a witness or Victim.
" The minutes of the acts thus performed shall be returned directly to the prosecutor of the principal
. In the absence of urgency, these requisitions are addressed through the intermediary of the prosecutor of the territorially competent Republic and the minutes are returned in the same way. The direct transmission of the requisition and the minutes in the absence of urgency cannot, however, constitute a cause for invalidity of the procedure. "
II. -The second paragraph of Article D. 2 is supplemented by the following words: , subject to the provisions of Article D. 15-4 ".
Title II of the book Ier reads as follows:
"TITLE II
" OF INVESTIGATIONS AND IDENTITY CONTROLS
" Art. D. 15 -5. -Where the requisitions provided for in Article 60-1 are made orally, by telephone or by means of electronic communication, mention shall be made in the minutes of the proceedings carried out by the police officer Judicial or the requesting magistrate. Where applicable, the contents of the requisition transmitted by an electronic means of communication shall be printed on a paper medium which shall be appended to these minutes.
" Where the required documents are transmitted in digital form, where appropriate by means of electronic communication, they shall be printed on a paper medium which shall be annexed to the minutes. However, the impression may be limited to the only elements necessary for the manifestation of the truth. If the nature or importance of these documents justifies it, they shall be recorded on a digital medium placed under seal, a copy of which may be placed on the
. If the required document simply consists of information concerning the identity and address of a person, this information may be mentioned in the minutes without the need to apply the provisions of the The preceding paragraph.
" The provisions of this Article shall apply to requisitions provided for in Articles 77-1-1 and 99-3.
" Art. D. 15 -6. -For the purposes of the provisions of Article 64 (1) relating to the audiovisual recording of the examination of the person kept for a crime, account shall be taken of the nature of the offence of which that person is informed in accordance with Provisions of the first paragraph of Article 63-1, without prejudice to a new qualification of the facts at any point in the proceedings by the judicial police officer, the prosecutor of the Republic or the investigating
. The original registration is sealed and a copy is placed on the file. This copy may be common to all recordings made during the procedure. On the instructions of the Public Prosecutor, they shall be destroyed by the Registry of the Court within the period laid down in the fourth paragraph of Article 64-1
A copy of the registration may be retained by the service or judicial police unit in charge of the proceedings, which may consult it for the purposes of the investigations. This copy shall be destroyed no later than five years after the last procedure laid down by the investigators
The technical details of the audiovisual recording shall be determined by the joint order of the Minister of Justice, the Minister of the Interior and the Minister for
. The provisions of paragraphs 2 to 4 of this Article shall apply to the recordings of the examination of minors in custody pursuant to the provisions of Article 4 of Article 4 of Ordinance No. 45-174 of 2 February 1945 on Childhood women. "
It is inserted after item D. 32-1 an article D. 32-2 thus written:
" Art. D. D. 32-2. -For the purposes of the provisions of Article 116 (1) relating to the audiovisual recording of interrogations of persons examined in criminal matters, an original registration under closed seal shall be
. A copy of this record is placed on the record. This copy can be common to all records made during the statement.
" On the instruction of the prosecutor of the Republic, the records shall be destroyed by the Registry of the Court within the period laid down in the fourth paragraph of Article 116-1
The technical details of the audiovisual recording shall be determined by order of the Minister of Justice. "
Articles D. 37 and D. 38 are restored in the following newsgroups:
" Art. D. 37. -The provisions of Article 161 (1) shall not apply to medical examinations of which the object is to assess the extent of the damage suffered by the victim
Art. D. 38. -Where the expert appointed by the investigating judge belongs to an association referred to in Articles 2-1 to 2-21 and the information relates to facts for which that association may constitute a civil party, he shall declare that Membership of the investigating judge upon receipt of the appointment order. If the judge maintains the appointment of the expert, the declaration of belonging is mentioned in the expert report. "
Sections I and II and Article D. 43 of Chapter II of Title III of the Book I are replaced by the provisions :
"Section I
" General
" Art. D. 43. -The number and day of hearings of the Chamber of Education shall be fixed at the end of each judicial year for the following judicial year by a joint decision of the first President and the Attorney General taken after the opinion of the Assembly Of the Court of Appeal.
" If necessary, this decision can be changed under the same conditions during the year.
" If a joint decision is not possible, the number and day of hearings in the Chamber of Education shall be fixed by the first President.
" Section II
"Authority of the President of the Chamber of Education
" Art. D. 43-1. -At least once a year, on the occasion of one of the consignments of the six-monthly statements provided for in Article 221, the President of the Chamber of Education or an adviser to the Chamber shall receive the investigating judges of his jurisdiction for Examine the content of these states. This interview may also take place on the occasion of a visit by the investigating judge's office by the President or the delegated adviser.
" Art. D. 43-2. -For the purposes of the provisions of Articles 220, 221-1, 221-3 and 223, the President of the Chamber of Education may at any time request an examining judge from the jurisdiction of the Court of Appeal to communicate to him a copy of the record of a Current information.
" Art. D. 43-3. -The President of the Chamber of Education shall inform each investigating judge of the jurisdiction of the Court of Appeal of the appointment of the judge referring to that Chamber by his choice in order to be specially responsible for the administrative follow-up of the The office of that judge and to exercise, as far as it is concerned, all or part of the powers provided for in Articles 220 to 223. To this end, the President may delegate to one or more councillors of the Chamber all or part of his powers pursuant to the third paragraph of Article 219, when he has not himself designated himself as a
. Art. D. 43-4. -The request of the person being examined for the examination of the whole procedure by the Chamber of inquiry under the provisions of Article 221-3 shall be the subject of a reasoned request for the examination of the whole of the proceedings. President of this Chamber, which shall be transmitted to the latter through the investigating judge in accordance with the provisions of this Article. This request shall specify whether the person concerned is asking to appear before the
. The application shall be the subject of a declaration to the Registrar of the investigating judge who is seized of the case. It shall be established and dated by the Registrar, who shall sign it and the applicant or his lawyer. If the applicant is unable to sign, it shall be referred to by the Registrar. Where the applicant or his/her lawyer does not reside within the jurisdiction of the competent court of jurisdiction, the declaration to the Registrar may be made by means of a registered letter with the request for a notice of
. The request may also be made by the examination held by means of a declaration to the head of the penitentiary institution. This declaration shall be recorded and dated by the head of the penitentiary institution, who signs it, and the applicant. If he or she cannot sign, it shall be mentioned by the head of the institution. This document shall be sent without delay, in original or copy and by any means, to the Registrar of the investigating
. The investigating judge shall, without delay, address the original of the request to the President of the Chamber of inquiry, with a copy of the record of the
. The President of the Chamber of Education shall act within eight days of the receipt of the request and the file, in accordance with the provisions of the first paragraph of Article 221-3. The decision shall be notified to the person examined by the head of the penitentiary institution, and to his counsel by registered letter or in accordance with the provisions of article 803-1. A copy of this decision shall be addressed to the investigating judge. "
Article D. 47-8 shall become Article D. 47-13 and, after Article D. 47-7, shall be inserted as follows :
"TITLE XVII
" DE LA POURSUITE, DE L' INSTRUCTION ET JUDGEMENT DES INFRACTIONS IN THE TREATY OF HUMAN BEINGS, PROXENEVED OR RECOURSE TO THE PROSTITUTION OF MINORS
" Art. D. 47-8. -Without prejudice to their preservation in materials placed under seal or annexed to the minutes, as evidence in the course of the proceedings in which they were extracted, acquired or transmitted, the illegal content Referred to in Article 706-35-1 may be retained by the officers or judicial police officers referred to in the first paragraph of this Article for a period of three months.
" Such preservation shall be carried out under conditions which ensure the integrity and confidentiality of such content, making them inaccessible, in particular by means of electronic communication, to third parties other than officers or agents of Judicial police referred to in the first paragraph of Article 706-35-1 or who are involved in investigations within the same or the same unit, subject to the provisions of Article D. 47-2 and the possibility of transmission of such content Other officers or judicial police officers for the necessities of the procedures they are responsible for.
" Before the expiry of this period, such content shall be copied to the National Child Pornographic Image Analysis Centre.
" At the end of this period, these contents are destroyed regardless of the retention support that was used.
" Art. D. 47-9. -Can only be transmitted by the officers or judicial police officers referred to in the first paragraph of Article 706-35-1, in response to an express request for which a written record is kept in the proceedings, of the unlawful contents provided By the National Centre for the Analysis of Images of Child Pornography and not allowing identification of natural persons.
"TITLE XVIII
" None.
"TITLE XIX
" OF THE PROCEDURE APPLICABLE TO THE SEXUAL OFFENCES AND PROTECTION OF VICTIMS MINORS
" Chapter I
"General
" Art. D. 47-10. -For the application of the provisions of Article 706-49 relating to the information of the juvenile judge in the event of the opening of an educational assistance procedure, the magistrate of the specialised prosecutor's office in the field of minors
be referred. The prosecutor of the Republic or the investigating judge shall inform the court of the children seized of the educational assistance procedure, throughout the criminal proceedings, of decisions which may affect the relations between the parents and their parents Children. He or she may seek the opinion of the juvenile judge before making these decisions. This notice is then placed on the procedure file.
" The children's judge shall be notified of the action taken in criminal investigations, in particular in the case of uncontinued classification, of an alternative procedure to the prosecution, of the movement of public action, of a settlement order or of a
. Art. D. 47-11. -The provisions of Articles D. 47-8 and D. 47-9 shall apply to the extraction, acquisition, transmission and preservation by the officers and judicial police officers falling within the provisions of the first paragraph of Article 706-47-3 of the Illegal content provided for by the 3 ° of this article.
"Chapter II
" None.
"TITLE XX
" OF THE AUTOMATED NATIONAL FILE
OF GENETIC EMPREINTER
" Art. D. 47-12. -For the application of the second subparagraph of Article 706-56, persons entitled under the conditions laid down in Article 16-12 of the Civil Code without being included on a list of judicial experts may, in order to carry out the analyses Identification of a DNA mark on the requisition of a judicial police officer, the prosecutor of the Republic or the investigating judge, shall not give in writing the oath provided for in the second paragraph of Article 60 of this Code that, on the occasion of The first requisition of which they were the object.
" A copy of this oath shall be sent to the secretariat of the committee responsible for accreditation of persons authorised to carry out DNA identification missions in the course of judicial proceedings.
"TITLES XXI to XXIV
" None.
I. Article D. 48-2 shall be supplemented by the following words: " After having so received notice of the reduction of 20 % of the fine in the case of voluntary payment within the period of one month, without this payment impeding the exercise of the remedies, if the opinions provided for in Article 707-3 have not been Issued to the convicted person by the President or the Registrar of the Jurisdiction
. -Chapter II of Title I of Book V becomes Chapter III of this Title and, after Article D. 48-5, it is inserted a Chapter II thus drafted:
"Chapter II
" Of the show and of The enforcement of financial penalties pursuant to the framework decision of the Council of the European Union of 24 February 2005
"Section I
" Common provisions
" Art. D. 48-6. -The pecuniary penalties which may be enforced under the fifth paragraph of Article 707-1 shall be those resulting from a decision taken by the competent authority of a Member State of the European Union, called the issuing State, imposing, on Final title, to a natural or legal person payment of one:
" 1 ° Amount of money given as a conviction for an offence;
" 2 ° Compensation for victims where they cannot form a civil party, ordered within the framework of the same decision and in the exercise of the criminal jurisdiction of the court;
3 ° Amount of money related to the costs of the judicial or administrative procedure leading to the decision;
" 4 ° Amount of money allocated to a public fund or victim support organization, ordered within the same decision.
" Art. D. 48-7. -May be executed on the territory of the Republic or transmitted, for enforcement purposes, to another Member State of the European Union, known as the Executed State, the monetary penalties issued by:
" 1 ° A court of the issuing State because of a criminal offence under the law of that State;
' 2 ° An authority of the issuing State other than a court because of a criminal offence under the law of that State, provided that the person concerned has had the opportunity to bring the case before a competent court, in particular by Criminal matter;
" 3 ° An authority of the issuing State other than a court by reason of acts punishable under the law of that State, provided that the person concerned has had the opportunity to bring the case before a competent court, in particular in respect of Criminal;
" 4 ° A competent court, in particular in criminal matters, where the decision has been rendered in respect of a decision within the meaning of the preceding
. Art. D. 48-8. -Monetary penalties may be transmitted for enforcement purposes to any Member State of the European Union in which the convicted person has his or her habitual residence, owns property or income, or has its
. The public prosecutor shall be competent, in accordance with the rules and under the conditions laid down in this Chapter, to transmit to the competent authorities of other Member States of the European Union or to carry out, on their request, a sanction Monetary.
" Monetary penalties are subject to the same rules and have the same legal effect as fines.
" Art. D. 48-9. -Any pecuniary sanction shall be accompanied by a certificate issued by the competent authority to enforce the financial penalties, including the following:
" 1 ° The identification of the authority which issued the financial penalty and the competent authority to carry out this financial penalty in the issuing State;
" 2 ° The identification of the competent central authority for the transmission and receipt of financial penalties, where such an authority has been designated;
3 ° The nature and date of the financial penalty, in particular its finality and the references to that penalty;
" 4 ° The identity of the convicted natural or legal person (s);
" 5 ° The habitual residence or seat of the convicted person and the data to identify his or her assets or income;
" 6 ° The grounds for the financial penalty, the summary of the facts, the nature and the legal classification of the infringement which justifies it, including, where appropriate, the indication that this infringement between, according to the law of the issuing State, in the The categories of offences referred to in article D. 48-24;
" 7 ° The full description of the infringement where it does not fall within one of the categories of offences referred to in 6 °;
" 8 ° Alternative penalties, including custodial sentences, of which the issuing State allows enforcement by the State of enforcement;
" 9. Where applicable, other relevant circumstances of the species;
" 10 ° The signature of the issuing authority or of its representative attesting to the accuracy of the information contained in the certificate
Art. D. 48-10. -The certificate must be translated into the official language or in one of the official languages of the executing State or in one of the official languages of the institutions of the European Communities accepted by that State.
" Art. D. 48-11. -The financial penalty or a certified copy thereof and the certificate shall, subject to the provisions of the second subparagraph, be transmitted directly by the competent authority of the issuing State to the competent authority of the State Execution, by any means leaving a written record and under conditions allowing the latter authority to verify its authenticity.
" Where a Member State of the European Union has made a declaration to that effect, the financial penalty and the certificate shall be sent through one or more central authorities designated by that State.
" The original of the financial penalty, or a certified copy thereof, and the original of the certificate shall be sent to the competent authority of the executing State at its request.
" Section II
"Provisions on enforcement in a Member State of the European Union of monetary penalties imposed by the French authorities
" Art. D. 48-12. -Pursuant to the provisions of the fifth paragraph of Article 707-1, where the natural or legal person convicted of payment of a sum of money or compensation has his habitual residence or registered office in a Member State of the Union The public prosecutor may apply for the execution of the pecuniary penalty to the competent authority of the State in which the habitual residence, seat, property or income of the person is located Condemned.
" Art. D. 48-13. -The public prosecutor shall forward the financial penalty and its certificate to the competent authority of one executing State at a time, in accordance with the procedures laid down in Article D. 48-11
It shall notify the national criminal record when it is informed by the competent authority of the executing State of the payment of the financial
. Art. D. 48-14. -This transmission prohibits the execution of the financial penalty on the territory of the Republic.
" However, the Public Prosecutor's Office resumes the right to enforce the financial penalty as soon as the State of enforcement informs it of the non-recognition or non-application of the financial penalty, or of the non-execution, total or partial, of that penalty Sanction.
" Art. D. 48-15. -Notwithstanding the provisions of the second subparagraph of Article D. 48-14, the public prosecutor shall not resume the execution of the pecuniary penalty if the absence of recognition of the penalty is based on the ground that the convicted person has already been Final judgment by the judicial authorities of the executing State or by those of a State other than the State of enforcement, provided that, in the event of a conviction, the sentence has been executed, either in the course of execution or may no longer be reduced to Execution according to the laws of the Sentencing State.
" Art. D. 48-16. -If, after the transmission of a financial penalty, the convicted person pays a sum of money under this sanction, the public prosecutor shall inform the competent authority without delay by any means leaving a written trace to the competent authority Of the implementing State, so that the amount recovered in France is fully deducted from the amount of the monetary penalty subject to execution in the executing
. Art. D. 48-17. -The public prosecutor shall immediately inform by any means leaving a written record to the competent authority of the executing State of any decision or action which has the effect of withdrawing from the penalty its enforceability or the removal of its enforceability Execution in that State, in particular in the case of amnesty, pardon or review of the conviction.
"Section III
" Provisions on the enforcement of sanctions Monetary
pronounced by foreign authorities
"Paragraph 1
" General
" Art. D. 48-18. -Pursuant to the provisions of the fifth paragraph of Article 707-1, the Public Prosecutor shall continue to execute the pecuniary penalties imposed by the competent authorities of the Member States of the European
. The execution in France of these financial penalties is governed by French law in the same way as the criminal fines imposed by the French law-enforcement courts, subject to the provisions of paragraph 2 of this Section.
" The prosecutor of the Republic describes the facts giving rise to the pecuniary penalty under French law and determines the limitation period applicable on the basis of that qualification. The short prescription in France as from the receipt of the certificate concerning the financial penalty.
" Art. D. 48-19. -The financial penalty and the certificate issued by the competent authority of the issuing State shall be transmitted, in accordance with the procedures laid down in Article D. 48-11, to the Public Prosecutor of the Republic of the Republic of territorially competent, where appropriate by the intermediary The Attorney General.
" The prosecutor of the territorially competent Republic shall be that of the place where the habitual residence or seat of the convicted person is situated or, failing that, any property or income of that person.
" If the prosecutor of the Republic to whom the financial penalty has been transmitted is not territorially competent to act on it, he shall transmit it without delay to the public prosecutor of the Republic of territorially competent jurisdiction and shall inform him by any means Leaving a written trace the competent authority of the issuing state.
" Art. D. 48-20. -When the prosecutor of the Republic intends to apply the provisions laid down in Article D. 48-22 or 4 °, 6 ° and 7 ° of Article D. 48-23, he shall inform without delay by any means leaving a written trace the competent authority Of the issuing State, so that it may, where appropriate, produce its observations.
" After ensuring the regularity of the application, the public prosecutor shall enforce the penalty.
" It shall enforce the financial penalty and shall without delay inform the judicial authority of the issuing State by any means leaving a written
. Art. D. 48-21. -The prosecutor of the Republic shall, where appropriate, convert the amount of the monetary penalty to the exchange rate in force on the date on which the financial penalty was
. Art. D. 48-22. -The execution of a financial penalty may be refused in one of the following cases:
1 ° If the certificate is not produced, if it is established in an incomplete manner or if it clearly does not correspond to the penalty;
" 2 ° If the penalty is less than 70 euros or an equivalent amount;
" 3 ° If the financial penalty relates to acts which have been committed, in whole or in part, on the territory of the Republic or in a place considered as such.
" Art. D. 48-23. -Without prejudice to the application of Article 694-4, the execution of a financial penalty shall be refused in one of the following
: 1 ° If the penalty is based on a fact that does not constitute an offence under French law;
" 2. If the penalty has been given in respect of a person under 13 years of age on the date of the facts;
" 3 ° If the financial penalty concerns facts which have been committed outside the territory of the issuing State and the French law does not authorise the continuation of those facts when they have been committed outside the territory of the Republic;
" 4 ° If the pecuniary penalty relates to facts within the jurisdiction of the French courts and the execution of that penalty is prescribed under French law;
" 5 ° If the penalty is based on offences for which the convicted person has already been tried definitively by the French judicial authorities or by those of a State other than the issuing State, provided that Conviction, that the sentence has been executed, either in the course of execution or may no longer be carried out according to the laws of the Sentencing State;
" 6 ° In the case of a written procedure, if, according to the certificate, the convicted person has not been informed, in accordance with the legislation of the issuing State, personally or through a representative competent under the legislation National, its right to appeal and the time limit for doing so;
" 7 ° If, according to the certificate, the convicted person did not appear in person, unless the certificate indicates that it has been informed personally, or through a competent representative under national law, of the procedure In accordance with the law of the issuing State, or that it does not dispute the said sanction;
" 8 ° If it is established that the penalty has been imposed in order to convict a person on the grounds of sex, race, religion, ethnic origin, nationality, language, political opinion or direction Sexual, or that the execution of such sanction may prejudice the situation of that person for any of these reasons;
" 9 ° If the French law provides for immunity which makes it impossible to enforce the penalty;
" Art. D. 48-24. -Notwithstanding the provisions of Article D. 48-23 of Article D. 48-23, the ground for refusal based on the absence of an offence under French law shall not be enforceable where the financial penalty relates to an offence which, by virtue of the law of the issuing State, Between one of the categories of offences referred to in the third to thirty-fourth paragraphs of Article 695-23 or in one of the following categories:
" -conduct contrary to the rules on road traffic, infringements of the rules on driving time and rest periods and those relating to the transport of dangerous goods;
' -smuggling of goods;
" -infringement of intellectual property rights;
" -threats and acts of violence against persons;
" -destruction, degradation or deterioration;
" -vol;
" -offences established by the issuing State and covered by the implementing obligations arising from instruments adopted in accordance with the Treaty establishing the European Community or Title VI of the Treaty on European
. Art. D. 48-25. -Where the facts have not been committed in the territory of the issuing State and fall within the jurisdiction of the French courts, the prosecutor of the Republic may decide to reduce the amount of the penalty to the maximum amount Incurred for these offences under French law.
" Art. D. 48-26. -Where the convicted person is able to furnish proof of payment of all or part of the said sanction, the Public Prosecutor shall inform the competent authority of the issuing State by any means leaving a written record so that this Authority can produce its observations.
" Any part of the amount of the penalty recovered, in any way, in any other State shall be fully deducted from the amount of the penalty to be
. Art. D. 48-27. -The refusal to execute a financial penalty or the impossibility to execute it shall be reasoned and notified without delay to the competent authority of the issuing State by any means leaving a trace in
. Art. D. 48-28. -The public prosecutor shall terminate the execution of the financial penalty as soon as it is informed by the competent authority of the issuing State of any measure or decision which has the effect of withdrawing its enforceability from the sanction To withdraw its execution from the French authorities.
" Art. D. 48-29. -Unless an agreement between France and the issuing State provides otherwise, the sums recovered pursuant to this section shall be charged to the budget of the French
. The Public Prosecutor shall inform the competent authority of the issuing State by any means leaving a written record of the execution of the pecuniary penalty or of its non-execution, total or partial, specifying the reasons for the absence Execution of this penalty.
"Paragraph 2
" Recovery of monetary penalties
" A.-Decrease in penalty
in case of payment Volunteer
" Art. D. 48-30. -The provisions of Articles 707-2 and 707-4 relating to the reduction in the amount of fines in the case of voluntary payment within one month shall apply to foreign monetary penalties in the case
: 1 ° of sums of money handed down as a conviction for one or more offences that would be qualified under French law for offences or offences;
" 2 ° sums of money relating to the costs of the judicial or administrative procedure leading to a decision mentioned at 1 °;
" 3 ° Money allocated to a public fund or victim support organization, ordered in a decision referred to at 1 °.
" These provisions are not applicable:
" 1 ° Compensation for victims;
" 2 ° To sums of money which would be qualified in French law by customs or tax fines or imposed for offences which would be qualified under French crime
. Art. D. 48-31. -The prosecutor of the Republic who implements a monetary penalty under Article D. 48-30 shall notify the convicted person by registered letter by registered letter that, if the person pays the amount of the financial penalty within a period of one month to From the date on which that letter was sent, the amount of the sum of money imposed as a conviction, the sum of money relating to the costs of the judicial or administrative procedure and, where applicable, the sum of money allocated to a fund Public or victim support organisation shall be reduced by 20 % without this decrease exceeding EUR 1 500.
" This letter shall include a statement of the financial penalty, the model of which shall be adopted jointly by the custody of the seals, the Minister of Justice, and the Minister for Finance, allowing the convicted person to voluntarily pay the amount due in the One month delay with the Treasury Accountant.
" Art. D. 48-32. -The reduction in the financial penalty laid down in Article D. 48-30 shall apply only in the case of a simultaneous payment, within one month, of the sum of money handed down as a conviction, the sum of money relating to the costs of the Judicial or administrative procedure and, where appropriate, the sum of money allocated to a public fund or a victim support
. The decrease is for all sums due.
" Art. D. 48-33. -A statement of financial penalties shall be sent to the accounting officer of the Treasury at the same time as the notice provided for in Article D. 48-31 is
. These statements are sent under the simplified mailing list provided for in the second paragraph of Article R. 55-5.
"B. Recovery of monetary penalties
by Treasury accountants
" Art. D. 48-34. -Articles 76 to 78 of Decree No. 62-1587 of 29 December 1962 on the general regulation on public accounting shall apply to foreign monetary
. Art. D. 48-35. -Foreign monetary penalties are recovered in accordance with the terms and conditions laid down in Decree No. 64-1333 of 22 December 1964 on the recovery of fines and financial penalties by direct accountants from the Treasury
The provisions of Article 2 of this Decree shall not apply to such sanctions. Those for which the provisions of Articles D. 48-30 to D. 48-33 are not applicable shall be the subject of a statement to the accounting officer of the Treasury, whose model shall be adopted jointly by the custody of the seals, the Minister of Justice, and the Minister of finance, and who has the same effects as an extract of judgment.
"C.-Forensic constraint
" Art. D. 48-36. -In the event of wilful execution of the payment of the sum of money corresponding to a pecuniary penalty imposed as a conviction for acts which would constitute a crime or an offence punishable by imprisonment under French law Freedom, the sentencing judge may, if the facts are punishable by deprivation of liberty in the issuing State, order, under the conditions laid down in Articles 750 to 762, a judicial constraint.
After item D. 49-35, insert two articles D. 49-35-1 and D. 49-35-2 thus written:
" Art. D. 49-35-1. -Where the sentencing judge issues a warrant for the application of the first paragraph of Article 712-17, the provisions of the second paragraph of Article 125 and the provisions of Article 127 shall apply. Articles to the investigating judge being replaced by references to the sentencing judge.
" Art. D. 49-35-2. -The mandate to bring in an emergency by the public prosecutor pursuant to the third subparagraph of Article 712-17 may be addressed by any means to the police service or the gendarmerie unit responsible for its
. In case of necessity, this mandate is the subject of telephone instructions sent by the public prosecutor to the judicial police officer. It is later attached to the procedure.
" The prosecutor of the Republic shall indicate on the terms of reference or specify in his telephone instructions that if the arrest of the convicted person cannot take place before the end of the next working day, the term of office shall be null and void unless it has been resumed before By the judge of the application of the penalties, and without prejudice to the possibility for that judge to order the release of that warrant, or to substitute a warrant for its arrest.
" The prosecutor of the Republic shall likewise indicate on the terms of reference or specify in his instructions that the person may not be detained for more than twenty-four hours from his arrest without being brought before the judge of the application of the Or the judge who replaces it in accordance with the provisions of the second paragraph of Article 125, failing which it shall be
. The Prosecutor of the Republic shall, as soon as possible, copy the terms of reference to the Judge of the Enforcement of Sentences
If the person is arrested more than two hundred kilometres from the seat of the judge of the application of the penalties under the supervision of which the person is under the control of which the person is placed, and it is not possible to drive him within the twenty-four hour period before that judge or The judge who replaces it shall be conducted before the prosecutor of the Republic of the place of arrest, in accordance with the provisions of Article 127
When the judge for the application of the sentences decides to resume the mandate to bring the prosecutor of the Republic, he shall send a copy to the police service or the gendarmerie unit responsible for his execution, bearing his signature and Its seal and an indication of the resumption of the mandate. "
Article D. 147-31 is thus modified:
1 ° 3 ° to 7 ° become the 4 ° to 8 ° respectively.
2 ° After the 2 °, it is inserted a 3 ° so written:
" 3 ° The crimes and offences of violence committed either by the victim's spouse or partner or by the partner linked to the victim by a civil solidarity pact, or by his former spouse, his former partner or the former partner linked to it by a A civil pact of solidarity, or on a minor of 15 years of age by a legitimate, natural or adoptive ascendant, or by any other person having authority over the victim, provided for in Articles 222-8, 222-10, 222-12 and 222-14 of the Criminal Code. "
I. -Paragraphs 2 to 4 of Article D. 417 shall be
. -After Article D. 419, it is inserted three articles D. 419-1 to D. 419-3 thus written:
" Art. D. 419-1. -Convicts are allowed to call at least once a month, at their own expense, to family members, their relatives, whether or not they hold visiting permits, and to their lawyer.
" By way of derogation from the principle laid down in the first subparagraph, pending the installation of the technical devices, the list of the arrest houses in which the convicted persons are authorised to call shall be fixed by the custody of the seals, minister of Justice.
" The head of establishment may, on a decision motivated by the requirements of order, security and the prevention of criminal offences, and if it appears that communications may be contrary to the reintegration of the prisoner, in the interests of the Victims or upon request from the correspondent, refuse or revoke the authorization of a telephone communication.
" Convicts may also be authorized by the head of establishment to telephone other persons for the preparation of their social
. The frequency, days and hours of access to a telephone line and the duration of the communication shall be fixed by the rules of procedure of the prison
. The call numbers and the identity of the addressees of the calls must be communicated to the head of establishment.
" Art. D. 419-2. -In the centres for managed penalties, convicted persons may call, at their own expense or at the expense of their correspondent, to the persons of their choice
Art. D. 419-3. -In accordance with the provisions of Article 727-1, telephone conversations, with the exception of those with lawyers, may, under the responsibility of the head of establishment, be listened to, recorded and interrupted by the staff of Monitoring designated for this purpose.
" In central homes, telephone conversations can be recorded systematically.
" The information of the inmate and his or her correspondent about these controls is made at the beginning of the conversation, if any, by a pre-recorded message.
" Telephone conversations may be interrupted when their content is likely to compromise one of the requirements set out in the third paragraph of Article D. 419-1.
" Foreign language conversations can be translated for control purposes.
" The transmission to the public prosecutor of conversations liable to constitute or facilitate the commission of a crime or an offence shall be carried out immediately, by means of a paper-based retranscription. If the communication relates to a person being examined, a copy shall be sent to the examining
. Records are kept for a maximum of three months.
" During that period, only the head of establishment and the members of the supervisory staff he empowers for that purpose may have access to those recordings, subject to the provisions of the last paragraph.
" The destruction of registrations which have not been transmitted to the judicial authority shall be effected on the expiry of the three-month period under the responsibility of the head of
. The Public Prosecutor may, at any time, inspect the contents of the retained recordings. They may order their destruction if their conservation is no longer necessary, after having informed the head of establishment.
I. -After Article D. 163, a new Article D. 163-1 shall be inserted as
: Art. D. 163-1. -The individual file contains a copy of the documents relating to the identification and removal of the material held by the national police services and the units of the national gendarmerie, as part of the In the implementation of identification files established by a legislative or regulatory text. "
II. -Article D. 287 is thus amended:
1 ° 1 ° is thus written:
" 1 ° The services of the national police and the units of the national gendarmerie shall carry out the identification and the levies provided for in Article D. 163-1; " ;
2 ° 3 °, after the words: " "From imprisonment" shall be inserted in the words: " , on the permissions to exit, ".
I. -In the first paragraph of Article D. 16, the words: Of the accused " Are replaced by the words: " The person being examined ".
II. -In the first paragraph of Article D. 49-28, the words: Head of the prison service, a member of the supervisory staff " Are replaced by the words: " A member of the Command Corps and a member of the supervising and enforcement body ".
III. -The first sentence of Article D. 49-30 is supplemented by the words: , or more generally for the enforcement of a decision under its jurisdiction
. -The third paragraph of Article D. 49-39 is supplemented by the following words: ".
V.-In the first paragraph of Article D. 57, the reference to Article D. 116 shall be
. -In the last sentence of the third paragraph of Article D. 115 -2, the references: By Articles 721 (3) and 721-2 " Are replaced by references: " By Articles 721 (paragraph 5), 721-2 and 723-35 ".
VII. -In Article D. 115 -5, the reference: Article 721, paragraphs 2 and 3 " Is replaced by the reference: " Paragraphs 3, 4 and 5 of section 721 ".
VIII. -Sections D. 115-15 and D. 115 -16, the reference: Third paragraph of Article 721 " Is replaced by the reference: " Fifth paragraph of Article 721 ".
IX. -Article D. 116-1 is thus amended:
1 ° At 1 °, the reference: Article 721, paragraphs 2 and 3 " Is replaced by the reference: " Paragraphs 3, 4 and 5 of Article 721 ".
2 ° At 2 °, the reference: Of Article 721-2 " Is replaced by the reference: " Sections 721-2 or 723-35 ".
X. -The sixth paragraph of Article D. 136 reads as follows:
" It may also make the granting or maintenance of the measure subject to one or more of the obligations and prohibitions referred to in Articles 132-44 and 132-45 of the Criminal Code. "
XI. -Article D. 147-13 is thus amended:
1 ° The first paragraph reads as follows:
" For all convicted persons referred to in article 723-20, a specific dimension is created in the individual case of the sentenced person held in the Prison for Insertion and Probation Service. "
2 ° Paragraphs 2 to 5 are deleted.
3 ° In paragraph 6, now paragraph 2, the words:" This folder can be viewed " Are replaced by the words: " This particular dimension may be consulted ".
4 ° A paragraph 7, now paragraph 3, the words:" Of the folder " Are replaced by the words: " In this dimension ".
XII. -Paragraph 3 of Article D. 147-14 reads as follows:
For convicted persons under section 712-21, he or she shall check with the judge of the application of the sentences that a psychiatric expert is on file and may then request the copy. Failing that, he may ask the judge to order such expertise. "
XIII. -In the first paragraph of Article D. 147-15, the word " Before " Is deleted.
XIV. -In the first paragraph of Article D. 149, the words: A body-taking order " Are deleted.
XV. -It is inserted after Article D. 187 an Article D. 187-1 worded as
: Art. D. 187-1. -Delegates of the Ombudsman of the Republic can take action with all detainees regardless of their criminal situation. However, the right of access shall be suspended in respect of prisoners placed in the disciplinary area and in respect of defendants in cases where they are prohibited from communicating under the first paragraph of Article 145-4.
" They receive prisoners in a room inside the detention facility and outside the presence of a supervisor. "
XVI. Article D. 196 is thus amended:
1 ° In the b, the words: " Administration and Stewardship Attachments' body " Are replaced by the words: " The body of the administrative officers of the Ministry of Justice ".
2 ° The e is thus written:
" (e) Surveillance staff: corps of command and corps and enforcement. "
XVII. -Article D. 220 is thus amended:
1 ° In the first subparagraph, the words: In detention " Are replaced by the words: " Penitentiary institutions ".
2 ° In the fourth paragraph, the words: Subject to those specially arranged for that purpose or to drink inside the detention or to appear in a state of briety " Are replaced by the words: " Or which constitute places of work ".
3 ° It shall be inserted after the fourth paragraph a new paragraph to read:
" -to introduce or consume alcoholic beverages in such establishments, with the exception of the staff quarters and premises used for catering services and to appear in a state of drinking. "
XVIII. -In Article D. 223, the words: Heads of prison service, first supervisors and supervisors " Are replaced by the words: " Members of the Corps of Command and Corps of Supervision and Enforcement Staff ".
XIX. -In Article D. 250-1, the words: Head of Prison Service " Are replaced by the words: " Members of supervisory personnel command staff " And after the words: " First supervisor " Is inserted the word: " Major ".
XX. -In Article D. 254, the words: In addition to the provisions of Articles 721 and D. 253 " Are deleted.
XXI. -In the third paragraph of Article D. 314, after the word: Hospitalisation "shall be inserted the words:" And the provision of the detainee to the judicial police officers for the purposes of an investigation "
-In the first paragraph of Article D. 317, the words: In the day " Are replaced by the words: " After that measure or after having been referred to a magistrate ".
XXIII. -The second paragraph of Article D. 347 reads as follows:
" In juvenile prisons and juvenile quarters, the ban on smoking is total, including in areas not covered. "
XXIV. -At the 2nd of Article D. 514, the words: A body-taking order " Are replaced by the words: " A filing mandate ".
XXV. -In the second paragraph of Article D. 519, the reference: By Article 722 " Is replaced by the reference: " Articles 712-1 to 712-10 ".
I. -The provisions of section 5 of this Order come into force on July 1,
. -The provisions of articles D. 43, D. 43-1 and D. 43-3 of the Code of Criminal Procedure, in their drafting pursuant to Article 6 of this Decree, come into force on 1 October
. Article D. 15-6 of the Code of Criminal Procedure, as set out in Article 3 of this Decree, shall enter into force on 1 June 2008, without prejudice to the possibility, for the public prosecutor or the judge An instruction, ex officio or at the request of the judicial police officer, to order, before that date, an audiovisual recording of the examination, in accordance with the provisions of the second paragraph of Article 30 of Article 30 of the Act No. 2007-291 of 5 March 2007 aimed at strengthening the balance of criminal proceedings.
This option is, however, subject to the prior publication of the decree determining the technical modalities of the audiovisual recording provided for by the Provisions of the penultimate subparagraph of Article D. 15-6 and may not be implemented, as of that date, only for guards on sight in premises having been specially designed or equipped to enable such a Record.
IV. -The provisions of Article D. 32-2 of the Code of Criminal Procedure, in its wording resulting from Article 4 of this Decree, shall enter into force on 1 June 2008, without prejudice to the possibility, for the investigating judge, ex officio, of Requisition by the prosecutor of the Republic or at the request of the parties, to order, before that date, an audiovisual recording of the examination, in accordance with the provisions of the second paragraph of Article 30 of the Law No. 2007-291 of 5 March 2007 aimed at strengthening the balance of criminal proceedings.
This option is, however, subject to the prior publication of the decree determining the technical details of the audiovisual recording provided for by the Provisions of the last paragraph of Article D. 32-2 and may not be implemented, from that date, only in the training firms which have been specially furnished or equipped to permit such registration.
I. -Irrespective of their full application to Mayotte, the provisions of this Decree shall apply in the Wallis and Futuna Islands, in French Polynesia, in New Caledonia and in the French Southern and Antarctic Lands, under The reserves set out in II and III of this
. -For the application in the Wallis and Futuna Islands, in French Polynesia and New Caledonia, of Article D. 15-3 of the Code of Criminal Procedure, the reference to the general code of the territorial authorities provided for in the first paragraph of this Article Is replaced by a reference to the code of communes applicable locally and the provisions of the third paragraph of that Article shall not apply.
III. -The provisions of Article D. 48-35 of the Code of Criminal Procedure are not applicable in the Wallis and Futuna Islands, French Polynesia and New Caledonia.
The Minister of Defence, the Minister of Economy, Finance and Industry, the Minister of Interior and Regional Planning, the Minister of the Interior and the Minister of the Interior Justice, and the Minister for Overseas Affairs is responsible, each as far as it is concerned, for the execution of this Decree, which shall be published in the Official Journal of the French Republic
Done at Paris, May 3, 2007.
Dominique de Villepin
By the Prime Minister:
Seals, Minister of Justice,
Pascal Clément
La Minister of Defence,
Michèle Alliot-Marie
Minister of Economy,
Finance and Industry,
Thierry Breton
The Minister of the Interior
and Spatial Planning,
François Baroin
The Minister for Overseas,
Hervé Mariton
