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Abstract

Application of Art. 3-I of Act 2001-616 of 11-07-2001. This Decree, taken pursuant to Act 2001-1062 of 15 -11-2001 on daily security, amends the Code of Criminal Procedure (CPC) and deals with the protection of witnesses and the use of telecommunication means in a Procedure. Provisions on the protection of witnesses. Art. 57 of Act 2001-1062 introduced a Title XXI in the CDPF on the protection of witnesses. It now provides for art. 706-57 of the PPC the opportunity for a witness, formerly under s. 62-1 and 153 (al. 3) of the same code, to declare as domicile the address of the seat of the investigating service, this possibility being always provided for, in respect of personnel who are aware of the procedure, in Article 62-1 of the same Code. Moreover, art. 57 of Act 2001-1062 provides for art. 706-58 to 706-62 of the PPC the possibility for a witness to file anonymously. This possibility, which was initially limited to crimes and offences punishable by at least 5 years'imprisonment, has been extended to offences punishable by at least 3 years' imprisonment by law 2002-1138 for the justice system. 09-09-2002 .* Results of Art. 1 and 2 of this Order, s. R. 15 -33-61 and articles R. 53-22 to R. 53-26 (Chapter 1 of Title XXIII relating to the protection of witnesses), are but the resumption, in a different format, of the current provisions of Art. R. 15 -33-61. The new writing of art. A. 15 -33-61 incorporates the existing provisions of this section. In that they relate only to staff who are familiar with the procedure (issuing of invitations and summonses and the validity of the home election as a result of the proceedings). Sections R. 53-22 to R. 53-26 reproduce the existing provisions of s. R. 15 -33-61, in so far as they concern witnesses (mention of the authorization given by the public prosecutor or by the investigating judge (art. R. 53-22), maintenance of the register and consultation by the public prosecutor (art. R. 53-23), change of address of the witness and issue of summonses and summonses (art. R. 53-24), the validity of the residence election for the remainder of the proceedings and the possibility of knowing the address of the witness (art. R. 53-25)). * Result of art. 2 of this Order, the provisions of s. R. 53-27 to R. 53-3l (Chapter 2) specifies how the provisions of ss. 706-58 to 706-62 of the PPC concerning the possibility for a witness to file anonymously. Art. R. 53-27 provides that the request of the public prosecutor or the investigating judge for the purpose of authorizing the judge of liberty and detention to use this process must specify the identity of the person and the reasons why he or she Must be used for anonymous testimony. A record of the hearing of the person making the agreement may be attached, together with a report by the investigators justifying the use of this procedure. Where the request is made by the examining magistrate, the opinion of the public prosecutor must be attached to the request. Art. R. 53-28 specifies that the separate file containing the minutes signed by the witness on which his identity and address appear, and the register of the court containing those particulars, are kept by the public prosecutor and May be communicated only to the judge of liberty and detention, to the investigating judge or to the President of the Chamber of inquiry in the event of a dispute concerning the use of that procedure. To enable the judicial authorities to identify the person who testified anonymously, s. R. 53-29 provides for the assignment of an order number, recorded on the minutes of the proceedings appearing in the proceedings and on the separate minutes signed by the witness on which his identity and address, on the separate file and on the The court registry. Art. R. 53-30 states that at the end of the hearing, the person will be required after rereading of the hearing to sign the separate minutes, the main minutes to be signed, as the case may be, by the judicial police officer or the prosecutor of the The court or the judge of the freedoms and detention or the investigating judge, as well as the court clerk and, where appropriate, the interpreter. Art. R. 53-31 specifies the obligations of the witness and the prosecutor of the Republic when the anonymity of the testimony has been authorized. Art. R. 53-32 contemplates the assumption that the judge of liberty and detention does not allow the person's statements to be collected anonymously. Provisions relating to the use of means of telecommunication during the procedure. Art. 32 of Act 2001-1062 introduced an art in the CPP. 706-71 providing that for the necessities of the investigation or inquiry, the hearing and questioning of a person and the confrontation between several persons may be carried out in several parts of the territory by means of means of Which may be used for the assistance of an interpreter and for the execution of a request for international legal assistance. This possibility has been extended to include presentations for the purpose of extending a custody or judicial detention of a minor by the aforementioned Act of 2002. Art. 2 of this Decree introduced in the CDPF a Title XXIII relating to the use of telecommunication means in the course of the procedure and specified in Art. R. 53-32 to R. 53-37 of the PPC the terms and conditions under which this new device may be used. Art. A. 53-33 provides that the means of telecommunication used may be sound or audio-visual (except in the case of an extension of on-call or restraining, the law requiring an audiovisual means of communication), s. R. 53-34 and R. 53-35 specifying that the competent authorities to decide on the use of this device are during the investigation the prosecutor of the Republic and in the course of judicial information the investigating judge, after counsel for the Republic. Art. R. 53-36 specifies that the prosecutor of the Republic in whose jurisdiction the operations are to be carried out is informed beforehand. Art. R. 53-37 states that statements made by persons heard in several parts of the territory are transcribed in the various minutes which are prepared under the direction of the judicial police officer, the prosecutor of the Republic or the investigating judge who is responsible for the proceedings. Only in the case of differences in the transcripts of the statements of the same person are those appearing in the minutes signed by the person concerned. Art. R. 53-38, directly inspired by art. R. 952-4 du Code de l' organisatino Judicio sur la video-conferencing applicable to Saint-Pierre-et-Miquelon from Decree 2001-431 of 18-05-2001, specifies that the technical characteristics of the means of telecommunication used must ensure a Faithful, loyal and confidential retransmission to third parties. It further states that the characteristics concerning the means of audiovisual telecommunications or the means of sound telecommunication other than the telephone are defined by the joint custody of the seals, the Minister of Justice, of the Minister of the Interior and the Minister of Defence. Art. R. 53-39, considers the possibility of using the means of communication for the assistance of an interpreter in the course of judicial information, specifying that the oath of interpreter provided for in this case pursuant to s. 102 of the PPC is collected by the investigating judge or the judicial police officer conducting the person's hearing through the means of telecommunication. Art. 3 of this Decree provides for its applicability abroad. R. 15 -33-61 of the Code of Criminal Procedure (inserted by art. 1 of Decree 2001-71 of 29-01-2001). It is inserted in Title IV of the aforementioned code (Part 2: decrees in the Council of State), after art. R. 53-21, s. R. 53-22 to R. 53-39 written.

Keywords

JUSTICE, CRIMINAL PROCEDURE, CRIMINAL PROCEDURE CODE , POLICE, POLICE STATION, GENDARMERIE, TEMOIGNAGE, VIDEOCONFERENCE, EDUCATION, PROTECTION, INVESTIGATION, WITNESS, ANONYMOUS WITNESS, IDENTITY , ADDRESS, DOMICILE, DEPOSITION, PROCEDURE, TELECOMMUNICATION, MEANS OF TELECOMMUNICATION

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JORF No. 119 of May 23, 2003 page 8818
text N ° 2



Decree n ° 2003-455 of 16 May 2003 amending the Code of Criminal Procedure (second part: Orders in the Council of State) and relating to the protection of witnesses and the use of telecommunication means

NOR: JUSD0330050D ELI: https://www.legifrance.gouv.fr/eli/decret/2003/5/16/JUSD0330050D/jo/texte
Alias: Https://www.legifrance.gouv.fr/eli/decret/2003/5/16/2003-455/jo/texte

The Prime Minister,
On the Seal Care Report, Minister of Justice,
In view of the Code of Criminal Procedure, in particular Articles 706-63 and 706-71;
Having regard to Act No. 2001-616 of 11 July 2001 on Mayotte, in particular Article 3-I;
The Council of State (section of the interior) heard,
:

Item 1 Read more about this Article ...

Article R. 15 -33-61 of the Code of Criminal Procedure reads as follows:
" Art. R. 15 -33-61. -Police services or gendarmerie units shall be required, at the request of the judicial authorities only, to issue as soon as possible to the persons referred to in Articles 16 to 29 which have been the subject of the provisions of Article 62-1 Summonses from these authorities. They must also submit the subpoenas for which these persons may be subject.
" Where they are heard as witnesses before a court of instruction or judgment, persons who have benefited from the provisions of Article 62-1 shall be allowed to continue to declare the address of the police service or The gendarmerie unit.
" The provisions of this Article shall not be invalid. "

Item 2 Read more about this Article ...

It is inserted in Book IV of the Code of Criminal Procedure (second part: Orders in Council of State), after Article R. 53-21, the following provisions:

" TITLE XXI

"WITNESS PROTECTION

" Chapter I

" Statement of Address of a
Witness in a Police station or gendarmerie brigade

" Art. R. 53-22. -Where the provisions of the first paragraph of Article 706-57 are applied, the minutes of the statements of the person heard shall mention the authorization given by the public prosecutor or the investigating
. Art. R. 53-23. -The register provided for in the second subparagraph of Article 706-57 shall be kept at the headquarters of each national police service or national gendarmerie unit. It is initialled by the head of the police department or the gendarmerie unit. This register shall, at any time, be submitted to the public prosecutor of the Republic upon
. Each entry on the register has an order number. This number is referred to in the minutes of the person's statements, and the name and address of the service or unit holding the registry.
" Art. R. 53-24. -The person who has benefited from the provisions of the first paragraph of Article 706-57 shall be informed that during the year following the hearing, the person must make known his or her changes of address to the police service or to the gendarmerie unit holding the Registry.
" Police services or gendarmerie units shall be required, at the request of the judicial authorities alone, to issue as soon as possible to persons who have benefited from the provisions of Article 706-57 the summonses issued by them Authorities. They must also submit the subpoenas for which these persons may be subject. If they find that a person has changed their address, they register their new address in the register, on the margins of the previous one. The same is true if they are directly informed by this person of his change of address.
" When the person has changed his address and the summons or summons cannot be given to him, the examining magistrate shall be immediately informed
Art. R. 53-25. -Where they are heard as witnesses before a court of instruction or judgment, persons who have benefited from the provisions of Article 706-57 shall be allowed to continue to declare as their domicile the address of the police service or Of the gendarmerie unit. That court may, however, request persons who have benefited from the provisions of the first paragraph of that article to declare their true
. Art. R. 53-26. -The provisions of this Chapter are not prescribed for a declaration of invalidity.

"Chapter II

" Possibility for a witness
to file anonymously

" Art. R. 53-27. -The request provided for in the first paragraph of Article 706-58 specifies the identity of the person and the reasons why, in the light of the elements contained in the file of the investigation procedure or the information, which is attached, in copy or in Original, at the request, the person's statements must be collected without his or her identity appearing in the procedure.
" May be attached to the request a record of the hearing of the person in which the person agrees to testify in an anonymous manner, explaining where appropriate the risks to her, his family or his relatives if she Testified without the benefit of the provisions of section 706-58. It may also be attached to a report of the investigators justifying the use of the procedure provided for in this
. Where the request is made by the examining magistrate, the examining magistrate shall send the request to the judge of liberty and detention after taking the opinion of the State Prosecutor, which shall also be attached to the
. Art. R. 53-28. -The separate files and the register provided for in the second subparagraph of Article 706-58 shall be kept by the public prosecutor. They shall be communicated only to the judge of liberty and detention or to the investigating judge or, in the case provided for in the second paragraph of Article 706-60, to the President of the Chamber of
. Art. R. 53-29. -If the Justice of Freedoms and Detention authorizes the person to be heard without his or her identity appearing in the proceedings, that person shall be assigned an order number which shall be placed on the separate file and in the register provided for By the second paragraph of Article 706-58.
" The minutes of the person's hearing as well as the minutes provided for in the second paragraph of Article 706-58 and which must be placed in the separate file shall mention the serial number assigned to the person
Art. R. 53-30. -At the end of the hearing, the person is invited to re-read his or her statement as it has just been transcribed, to clarify whether it declares persisting in its statements and to sign the separate minutes. Reference is made to the main minutes, of which each page is signed, as the case may be, by the judicial police officer or the prosecutor of the Republic or by the judge of freedoms and detention or the investigating judge, as well as his Clerk and, if applicable, the interpreter.
" Art. R. 53-31. -The person who has benefited from the provisions of the first paragraph of Article 706-58 shall be informed that, during the year following his hearing, the person shall make known his changes of address to the Public Prosecutor's
. The summonses and subpoenas of this person shall be carried out through the public prosecutor of the Republic. If the latter finds on that occasion that the person has changed his address, he shall record his new address in the register provided for in the second paragraph of Article 706-57, on the margins of the preceding paragraph. The same is true if he is directly informed by this person of his change of address.
" Where the person has changed his or her address and the summons or summons cannot be given to the person, the requesting court shall be informed immediately by the public
of the Republic. Art. R. 53-32. -If the judge of the freedoms and detention does not allow the person's statements to be collected without his or her identity appearing in the proceedings, the application and the decision of that judge, and, where appropriate, the opinion of the Prosecutor of the Republic, the minutes of the hearing and the report provided for in the second and third paragraphs of Article R. 53-27 shall be placed in a separate file of the case file, which shall be kept by the Public Prosecutor of the Republic. This file may not be communicated in the course of the proceedings under way, unless the person subsequently agrees to testify without the benefit of the provisions of Article 706-58; this case shall be destroyed in the due diligence of the Prosecutor of the Republic on the expiry of the limitation period for public action. Minutes of this destruction are prepared by the Attorney for the Republic.

"TITLE XXII

" OF THE SAISINE FOR NOTICE OF THE COURT OF CASSATION

" None.

"TITLE XXIII

" ON THE USE OF MEANS OF TELECOMMUNICATION DURING THE PROCEDURE
" Art. R. 53-33. -For the purposes of the provisions of Article 706-71, a means of sound telecommunication or an audiovisual means of telecommunication may be
. However, for the presentation for the purpose of extending custody or judicial restraint, the use of an audiovisual means of telecommunication is only permitted.
" Art. R. 53-34. -During the course of the investigation, the use of a telecommunication method in accordance with the provisions of the first subparagraph of Article 706-71 shall be decided by the Public Prosecutor of the Republic
Art. R. 53-35. -In the course of information, the use of a means of telecommunication in accordance with the provisions of the first subparagraph of Article 706-71 shall be decided by the investigating judge, after the opinion of the prosecutor of the Republic
Art. R. 53-36. -Where one of the points of the territory where the hearing is conducted, the examination or the confrontation is outside the jurisdiction of the court, the prosecutor of the Republic in whose jurisdiction this point is situated is Informed.
" Art. R. 53-37. -Statements made by persons heard in several parts of the territory are transcribed in the various minutes which are prepared under the direction of the judicial police officer, the prosecutor of the Republic or the judge Statement that is responsible for the procedure. If there are differences in the transcripts of the statements of the same person, only those appearing in the minutes signed by the person concerned or established under the conditions laid down in Article 706-58
Art. R. 53-38. -The technical characteristics of the means of telecommunication used shall ensure a faithful, loyal and confidential retransmission towards third
. Any technical incident that has disturbed a transmission shall be mentioned in the minutes provided for in R. 53-37.
" A joint custody order of the seals, the Minister of Justice, the Minister of the Interior and the Minister of Defence shall specify the characteristics of the means of telecommunication or the means of telecommunication Audio other than phone.
" Art. R. 53-39. -Where the provisions of the second subparagraph of Article 706-71 are applied in the course of information, the oath of the interpreter provided for in the second paragraph of Article 102 shall be taken by the investigating judge or by the officer of the Judicial police conducting the hearing of the person, through the means of telecommunication. "

Item 3 Learn more about this Article ...

In addition to its full application to Mayotte under Article 3-I of the Act of 11 July 2001, this Decree is also applicable in New Caledonia, in French Polynesia and in French Polynesia. Wallis and Futuna Islands.

Article 4 Learn more about this Article ...

The Minister of Interior, Internal Security and Local Freedoms, the Minister of Justice, the Minister of Justice, the Minister of Defence and the Minister for Overseas Affairs are each responsible for the For the execution of this Decree, which will be published in the Official Journal of the French Republic.

Done at Paris, May 16, 2003.

Jean-Pierre Raffarin

By the Prime Minister:

The Seals Guard, Minister of Justice,

Dominique Perben

The Minister of the Interior,

of Internal Security

and freedoms Locales,

Nicolas Sarkozy

The Minister of Defence,

Michèle Alliot-Marie

The Minister for Overseas,

Brigitte Girardin

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