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Decree No. 2005-627 Of 30 May 2005 Amending The Code Of Criminal Procedure Second Part: Decrees In Council Of State) And Concerning The Automated National Judicial File Of The Perpetrators Of Sexual Offences And Criminal

Original Language Title: Décret n° 2005-627 du 30 mai 2005 modifiant le code de procédure pénale (deuxième partie : Décrets en Conseil d'Etat) et relatif au fichier judiciaire national automatisé des auteurs d'infractions sexuelles et au casier judiciaire

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JUSTICE , PENAL PROCEDURE, PENAL PROCEDURE CODE, CPP, SEXUAL OFFENCE, PEDOPHILIA , AUTHOR, CRIMINAL RECORD, SENTENCE, COURT FILE, NATIONAL JUDICIAL FILE AUTOMATISE , RESEARCH, IDENTIFICATION, SANCTION, DISCLOSURE, APPLICABILITY, EXTENSION, OVERSEAS, MAYOTTE, FRENCH POLYNESIA, WALLIS ISLANDS AND FUTUNA , NEW CALEDONIA


JORF No. 125 of May 31, 2005 page 9686
Text N ° 53



Decree No. 2005-627 of 30 May 2005 amending the Code of Criminal Procedure (Part Two: Orders in Council of State) and relating to the national automated court file for sex offenders and criminal records

NOR: JUSD0530078D ELI: https://www.legifrance.gouv.fr/eli/decret/2005/5/30/JUSD0530078D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2005/5/30/2005-627/jo/texte


The Prime Minister,
On the report of the Minister of the Interior, Internal Security and Local Freedoms, the Minister of Justice, and the Minister of Defence,
In view of the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, signed at Strasbourg on 28 January 1981, the approval of which was authorised by Law No. 82-890 of 19 October 1982, together the Decree No. 85-1203 of 15 November 1985, which prescribes its publication;
In view of Directive 95 /46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of personal data and the free movement of such data ;
Given the Code of Criminal Procedure, including its 706-53-1 to 706-53-12;
Vu Act No. 78-17 of 6 January 1978 relating to computers, files and freedoms, as last amended by Act No. 2004-801 of 6 August 2004, in particular Articles 6, 26, 29 and 30;
In view of Act No. 2001-616 of 11 July 2001, as amended Relating to Mayotte, in particular Article 3.I (5 °);
In view of Law No. 2004-204 of 9 March 2004 on the adaptation of justice to developments in crime, in particular Articles 216 and 217;
Given Decree No. 70-708 of 31 July 1970, as amended Implementing Title I and certain provisions of Title II of Law No. 69-3 of 3 January 1969 Relating to the exercise of travelling activities and the regime applicable to persons travelling in France without domicile or fixed residence;
In view of the opinion of the National Commission on Informatics and Freedoms of 10 March 2005;
Le Conseil d' Etat (section de l' intérieur) heard,
Décrète:

  • TITLE I: PROVISIONS RELATING TO THE AUTOMATED NATIONAL JUDICIAL FILE OF SEXUAL OFFENCES Item 1


    I. -The Sole Chapter of Title XIX of Book IV of the Code of Criminal Procedure (Second part: Orders in Council of State) entitled: From the ad hoc administrator " Becomes the chapter Ier.
    II. -After R. 53-8 of the same code, the following provisions are inserted:


    "Chapter II



    " From the authors' automated national
    legal file Of sexual offences


    " Art. R. 53-8-1. -The automated national court file of the perpetrators of sexual offences shall be held under the supervision of the judge directing the criminal record department, which shall ensure compliance with the provisions of this Chapter.


    " Section 1



    "Enrollment in file


    " Art. R. 53-8-2. -The registration in the file of personal data provided for in the 1 ° to 4 ° of Article 706-53-2 shall be made by the Public Prosecutor of the Republic
    The registration of personal data provided for in Article 706-53-2 shall be carried out by the investigating judge or his
    . The registration of personal data provided for in Article 706-53-2 of Article 706-53-2 shall be carried out by the managing service of the file receiving notices addressed to the French authorities or by the Public Prosecutor of the Republic of the place of detention where Are executed as a result of the transfer of convicted persons.
    " Art. R. 53-8-3. -Verification of the identity of the persons registered in the file provided for in the first subparagraph of Article 706-53-2 shall be carried out, where possible, in the light of the information provided to the criminal record department in accordance with the Article R. 64.
    " Art. R. 53-8-4. -The Public Prosecutor shall, without delay, inform the manager of the file of the decisions of acquittal or acquittal in the proceedings which gave rise to the registration of the file after acquiring their finality.
    " The investigating judge or his clerk shall record the decisions of non-place, termination or release of judicial review in the proceedings which gave rise to the registration of the file
    Art. R. 53-8-5. -The Prison Service shall without delay inform the Public Prosecutor of the Republic of the place of detention of the notification, in accordance with Article R. 53-8-9, of the obligations of the person performing a custodial sentence in Application of the conviction which has resulted in the registration of the file and who is definitively released or is the subject of a penalty measure resulting from the release of the prison other than a permission to leave.
    " The public prosecutor records this information in the file.
    " Art. R. 53-8-6. -Police officers or specially authorised gendarmerie units shall record in the file the grounds for address or change of address of which they have been informed in accordance with the provisions of the article 706-53-5 or the second paragraph of 706-53-8.
    " Art. R. 53-8-7. -For each person who is enrolled in the file, the following personal data are recorded:
    " 1 ° Person information itself:
    " -surname, given name, sex, date and place of birth of the person, nationality or nationality, as well as any alias, change of name and name of use; are also recorded information relating to the filiation of the person, if that No one is in the national identification directory for natural persons, but this information cannot be a search criterion;
    " -successive addresses of the residence and the residence or residences of the person or, for the persons referred to in Article R. 53-8-22, of their commune of attachment, and the corresponding dates, if any;
    " 2 ° Information about the decision or decisions that gave rise to the record:
    " -nature and date of decision;
    " -jurisdiction that pronounced the decision;
    " -principal or supplementary penalties or measures imposed;
    " -the nature of the offence or the offences for which the person is prosecuted or convicted;
    -place of fact;
    " -date of the facts;
    " -character exnearest to record;
    " -date of notification of obligations under Article 706-53-6 and paragraph 2 of II of Article 216 of Law No. 2004-204 of 9 March 2004;
    -the execution or termination date of the sentence or measure;
    " 3 ° miscellaneous information:
    " -address justification dates;
    " -periodicity of the presentation obligation if it exists;
    " -decisions taken pursuant to Article 706-53-10 and Article 216, paragraph 2, of Law No. 2004-204 of 9 March 2004
    Art. R. 53-8-8. -The file manager controls the validity of the recorded information and, as the case may be, refuses or erases records that do not meet the legal requirements.


    " Section 2



    "Person information in file


    " Art. R. 53-8-9. -Information of convicted persons shall be made in accordance with the provisions of this Article
    Where the person is present at the hearing, the information of his registration in the file and the notification of his obligations shall be made by the President of the court or the registrar or the person authorized to designate it. However, notification of obligations in the case of placement or retention is not made.
    " Where the person is not present at the hearing, this information shall be made, to the attention of the public prosecutor, by registered letter addressed to the last address declared.
    " When the person executes a custodial sentence in application of the conviction which resulted in his entry to the file, that information shall be given to him by the Registry of the prison establishment, at the time of his final release Or prior to the first planning measure of his sentence resulting in the exit of the prison, other than permission to leave.
    " In all cases, it shall be given to it against receipt or sent in the annex to the letter provided for in the second paragraph a document summarizing its obligations and specifying the conditions under which it is to be complied with in accordance with the provisions Articles R. 53-8-13 to R. 53-8-15. The model for this document is set by the Minister of Justice.
    " Art. R. 53-8-10. -In the case of a criminal composition provided for in Article 706-53-2, the information of the person shall be made by the public prosecutor or the delegate of the public prosecutor who shall deliver the document referred to in article R. 53-8-9 to the person
    . Art. R. 53-8-11. -In the cases provided for in Article 706-53-2, the judge or the court making the decision informs the person concerned and notifies the person of his or her obligations either orally or by registered letter with acknowledgement of receipt. The document referred to in R. 53-8-9 shall be given or addressed to the person concerned.
    " Art. R. 53-8-12. -In the case of an investment under judicial supervision provided for in Article 706-53-2, the information of the person and the furnishing of the document referred to in Article R. 53-8-9 shall be made by the investigating judge who shall order the entry to the file, Even if the control measure was ordered by the Justice of Freedoms and Detention.


    "Section 3



    " Obligations of the person listed in the file


    " Art. R. 53-8-13. -The justification and the declaration of change of address provided for in Article 706-53-5 shall be made by means of any document of less than three months in the name of the person concerned establishing the reality of his domicile, in particular a discharge or an invoice. If the proof produced relates to the domicile of a third party, it must be accompanied by a certificate of accommodation established and signed by it.
    " Art. R. 53-8-14. -For the application of 1 ° and 2 ° of Article 706-53-5, the proof referred to in Article R. 53-8-13 shall be submitted or addressed by registered letter with the request for notification of receipt at the police station or the gendarmerie's territorial brigade. Depends on the person's home, or sent by registered letter with a request for notification of receipt to the manager of the file within the month of the anniversary date of his birth. If the civil status declared by the person concerned does not allow for the determination or knowledge of the month of his birth, the proof shall be given or addressed in the course of January.
    " The proof shall also be furnished or addressed within 15 days after the date on which the notification of the obligations has been made or addressed to the person, unless such notification occurs less than two months before the first day of the month Anniversary of his birth or unless the person concerned, by reason of a previous entry in the file, is already required to justify annually his address.
    " Art. R. 53-8-15. -In order to satisfy the obligation of presentation referred to in the fifth paragraph of Article 706-53-5, the proof referred to in Article R. 53-8-13 shall be given in person by the person concerned to the Grouping of the Departmental Gendarmerie or to the Directorate Département de la sécurité publique depending on the person's domicile or the service designated by the Paris Police Prefecture in the other cases, within the first fifteen days of the month of the anniversary date referred to in R. 53-8-14 and Within the first fifteen days of the next sixth month.
    " The proof shall also be given in person by the person concerned within 15 days after the date on which the notification of the obligations has been given or addressed, unless such notification occurs less than two months before the first day Anniversary month or unless the person concerned, because of a previous registration in the file, has already been required to submit.
    " Art. R. 53-8-16. -Failing receipt of the mail referred to in the first paragraph of Article R. 53-8-14 within eight days of the dates set out in R. 53-8-14, the File Manager service to the Department of the Interior the notice provided for by the Articles 706-53-8 and R. 53-8-25.
    " Failing submission within the time limits set out in R. 53-8-15, the File Manager service to the Department of the Interior shall deliver the notice under sections 706-53-8 and R. 53-8-25.
    " Art. R. 53-8-17. -The obligation of presentation provided for in the fifth paragraph of Article 706-53-5 shall be executed, every six months or every year, as the case may be, within the periods specified in accordance with the preceding
    . This obligation does not relieve the person from reporting any change of address.
    " Art. R. 53-8-18. -Where the person resides abroad, the justification for his address shall be by registered letter with a request for notification of receipt to the manager of the file
    The supporting documents must then be accompanied or stamped by either foreign authorities or diplomatic or consular posts.
    " During the stay abroad, the filing obligation, if any, shall be suspended without such suspension affecting the duration of the person's registration in the file.
    " If the person reestablishes his or her residence on the national territory, it shall be required to present itself in order to justify its new address within 15 days at the latest, in accordance with Article 706-53-5
    Art. R. 53-8-19. -Where the person executes a custodial sentence in application of the conviction which resulted in his entry to the file, his obligation to show cause for address, the declaration of change of address and, where applicable, Presentation, shall be born only on the basis of his final discharge or from the date of execution of a layout of his sentence resulting in the exit of the prison, other than a permission to
    . Art. R. 53-8-20. -Where the person is in a public or private establishment in which the person is placed, detained or detained pursuant to a judicial or administrative decision, the justification for the address may consist of a certificate issued by the Responsible for this establishment. This certificate shall be addressed to the manager of the file by that person, who has been informed of the legal situation of the person either by the person concerned or by the authority having made the decision.
    " Art. R. 53-8-21. -Where the person concerned is a minor, the address justification or the declaration of change of address shall be made by his legal representatives or the persons to whom his/her custody has been
    . Art. R. 53-8-22. -Where the person is the holder of a libretto or a circulation book, the address justification shall be carried out within the time limits laid down in Article 706-53-5, irrespective of its obligations under Article 18 of the Decree No. 70-708 dated 31 July 1970.
    " The address justification shall consist of the presentation of the libretto or circulation book of the last regulatory visa, carried out at the police station or the gendarmerie's territorial brigade, the closest to the place where the Person on the date on which this justification must occur.
    " The obligation to declare a change of address consists of the obligation to inform by registered letter with the request for notification of receipt the file manager service in the event of a change of the municipality of attachment or, where applicable, To establish a home by specifying its address in the same manner.


    "Section 4



    " Querying the file and direct information
    from the Department of The inside


    " Art. R. 53-8-23. -Judicial authorities, as well as specially authorised judicial police officers seized in the course of a procedure referred to in 2 ° of Article 706-53-7 or notified in accordance with Article R. 53-8-25, may examine the file at From the following criteria, even incomplete:
    " -folder number;
    " -identity data;
    " -address data or location elements;
    " -nature of the offences;
    " -date of the facts;
    " -fact commission location;
    " -nature and date of the court decision;
    " -nature of principal or supplementary penalties and measures imposed;
    -people in default of justification.
    " Art. R. 53-8-24. -Prefects, or prefectures specially empowered by them for that purpose, may question the file, pursuant to Article 706-53-7, only on the basis of the identity of the person concerned by an application for
    . Art. R. 53-8-25. -In queries, the identities consulted also contain the result of the verification carried out by the file manager service in accordance with article 706-53-3 by means of the information provided to the locker Judicial pursuant to Article R. 64.
    " If the person was born outside metropolitan France, if his place of birth is unknown or if he is less than twelve years old, the statement shall be entered: "identity not ascertainable by the service.
    " Art. R. 53-8-26. -In accordance with section 706-53-8, the file manager shall, on a daily basis within the Department of the Interior, give notice of new entries, changes of address relating to registration or defects in justification Of address.
    " The notice referred to in the preceding paragraph shall, after automated consultation of the national file of prisoners, specify, where applicable, the name of the institution in which the person concerned is detained, the address declared at the exit and the date Expected release.
    " The file manager service has the authority to implement the automated lookup of the national file of inmates for the purposes of the file as defined in the previous two paragraphs.


    " Section 5



    "Request for Correction, Clear
    or Limitation of Presentation Obligation


    " Art. R. 53-8-27. -The prosecutor of the competent Republic, pursuant to the provisions of Article 706-53-10, to order, at the request of the person concerned, the correction or deletion of the information contained in the file or the limitation to one year of the obligation Presentation is that of the court in the jurisdiction of which the proceedings which gave rise to that registration were
    . If the registration is the result of the application of Article 706-53-2, the prosecutor of the competent Republic, within the meaning of the preceding paragraph, is that of the High Court of Nantes
    The application under Article 706-53-10 shall, on pain of inadmissibility, be addressed by registered letter with a request for notification of receipt or made by declaration at the
    . Art. R. 53-8-28. -The competent judge must make his decision known to the person concerned, by registered letter within two months of receipt of the
    . In the absence of a reply within that period, or if the magistrate is not entitled to the request, the person concerned may apply to the same purposes the judge of freedoms and detention within ten days by registered letter with the request for a notice of receipt or by Declaration at the Registry.
    " Art. R. 53-8-29. -After having requested the written requisitions of the prosecutor of the Republic, the judge of liberty and detention shall act by reasoned order within a period of two months. The order shall be notified to the public prosecutor and by registered letter to the person
    . Art. R. 53-8-30. -In the absence of a judge of liberty and detention to rule within the period of two months or if he is not entitled to his request, the person concerned may, within ten days, refer the case to the President of the Chamber of Education by registered letter With a request for notification of receipt or declaration at the Registry of the Court of Appeal. On pain of inadmissibility, his challenge must be substantiated.
    " Art. R. 53-8-31. -If the application is granted, the prosecutor of the Republic may, within ten days, challenge that decision before the President of the Chamber of Education. This challenge suspends the execution of the decision.
    " Art. R. 53-8-32. -The President of the Chamber of Education shall decide, after requesting the written requisition of the Attorney General, by a reasoned order within two months. This order shall be notified to the public prosecutor and by registered letter to the person concerned. It may be appealed in cassation only if it does not, in its form, satisfy the essential requirements of its legal
    . Art. R. 53-8-33. -If the requests provided for in Article 706-53-10 are granted, the Public Prosecutor shall inform the service manager of the file of the decision, which shall proceed without delay, as the case may be, to the deletion of the data, to their correction or to The record in the file of the new appearance requirement.


    "Section 6



    " Keeping track of queries and consultations


    " Art. R. 53-8-34. -The file shall keep for a period of three years the information relating to the records and questions referred to it, specifying the quality of the person or authority having carried out the operation.
    " This information can only be consulted by the chief magistrate of the manager of the file or, with his permission, by the persons he specifically authorises.
    " They can give rise to statistical operations.


    "Section 7



    " Clearing the data in the file


    " Art. R. 53-8-35. -The file handler service is clearing the data that is written to it:
    " (a) On expiry of the time limits set out in the 1 and 2 ° of Article 706-53-4;
    " (b) When informed of any of the decisions referred to in the last paragraph of Article 706-53-4;
    " (c) When informed of the death of the person;
    " (d) When informed of a decision to erasure pursuant to section 706-53-10.
    " Art. R. 53-8-36. -The investigating judge, or his clerk, shall erase the data recorded in the file in case of a decision not to place, terminate or release the judicial review.


    " Section 8



    "Common Provisions


    " Art. R. 53-8-37. -Judges of the Public Prosecutor's Office and any public servant of the Public Prosecutor's Office, specially empowered by the Public Prosecutor, shall exercise the powers granted to that Magistrate for the purposes of this
    . The same applies to those recognised in the file manager service, for judges under his authority and officials specially empowered by him.
    " Art. R. 53-8-38. -For decisions rendered by the courts of appeal or, where appropriate, by the courts, the powers recognised in this Chapter to the investigating judge or his Registrar shall be exercised by the President of the Chamber of Education or the Registrar Of this room.
    " Those granted to the Public Prosecutor shall be recognised by the Attorney General, the magistrates of the General Prosecutor's Office and any official of the General Prosecutor's Office, specially authorised by the Attorney
    . Art. R. 53-8-39. -The registration of personal data in the file is carried out directly by authorized or authorized persons.
    " The registration and consultation of the file shall be carried out through secure means of telecommunication. The transmission of data between the file manager service and the Ministry of the Interior is done by a secure computer.

  • TITLE II: PROVISIONS CONCERNING JUDICIARY Article 2


    Title VIII of Book V of the Code of Criminal procedure (second part: Orders in Council of State) is amended in accordance with Articles 3 to 9.

    Article 3


    The third Paragraph of Article R. 64 is supplemented by the following words: Or, as the manager of the national automated court file for the perpetrators of sexual offences, for purposes other than verifying the identity of the persons listed therein, in accordance with sections 706-53-3, R. 53-8-3 and R. 53-8-24. ".

    Article 4


    Article R. 66 is thus amended:
    1 ° The first paragraph is supplemented by the following sentences:
    " The person established for a criminal composition provided for by the 9 ° of Article 768 shall be drawn up in accordance with the due diligence of the public prosecutor within 15 days of the finding of the execution of the measure. She is only interested in the crimes or contraventions of the fifth class. "
    2 ° The second paragraph is thus written:
    " In the case of a decision by default the 15 short time limit of the day of service. The same applies to the cases provided for in section 498-1 and the last paragraph of section 568. In the case of a criminal defect, the fifteen short period from the day on which the decision is rendered. "

    Article 5


    Article R. 66-1 is supplemented by the words:" , including when notice of conviction is provided for in international conventions. ".

    Article 6


    Section R. 69 is modified as follows:
    a) The second paragraph reads as follows:
    " The notice for the service of the automated national criminal record shall be drawn up and, subject to the provisions of the last paragraph, addressed to: '
    (b) 1 ° shall be worded as follows:
    ' 1 ° For graces, commutations or reductions of penalties resulting from an individual pardon decree, by the Minister of Justice; for those resulting from a decree of collective pardon, by the public prosecutor in the case of convicted persons Not incarcerated; "
    c) 5 ° is thus written:
    " 5 ° For the dates of the expiry of the deprivation of liberty and the enforcement of judicial constraints, by the heads of the penal institutions; "
    (d) It is added after 9 ° 10 ° thus written:
    " 10 ° For decisions on parole or revocation of parole, by the Registry of the Jurisdiction of the Application of Sentences having rendered the decision. "
    e) The last paragraph of the article reads as follows:
    " These notices shall be sent as soon as possible to the national automated criminal record service. They may be sent in the form of magnetic media or by telecomputer. The notices mentioned at 2 °, 3 °, 7 °, 8 °, 9 ° and 10 ° are addressed through the Public Prosecutor's Office. "

    Article 7


    Article R. 70 is modified as follows:
    a) At 2 °, the words:" Where the time limits laid down in Article 769 (paragraphs 2 and 3) have expired " Are replaced by the words: " Where the forty-year period provided for in the second paragraph of Article 769 has expired or the time limits laid down by the 1 °, 3 °, 4 ° and 5 ° of that Article have expired. ' ;
    (b) The fifth paragraph (4 °) is replaced by the following:
    " 4 ° Where the sentenced person is opposed or where the Court of Cassation annuls the decision by application of Articles 620 or 625, the withdrawal shall take place on the order of the Attorney General or the Public Prosecutor of the Republic, near the court which has made the decision. Decision which has lapsed; the same is true in the case provided for in section 498-1. "
    (c) The sixth paragraph (5 °) shall become an eighth paragraph (7 °);
    (d) The sixth paragraph shall be replaced by two sub-paragraphs thus written:
    " 5 ° For the records relating to the criminal compositions referred to in Article 769, at the end of a period of three years, if the person concerned has not, during that period, been convicted of a criminal or correctional penalty or executed Criminal composition; if not, the form is withdrawn only when the sheet on the conviction or the new criminal composition is deleted.
    " 6 ° For the records provided for in Article 769 of Article 769, on expiry of a period of three years, if the person concerned has not, during that period, been subjected to a criminal or correctional penalty or executed a criminal composition, The object of a new measure taken in accordance with the abovementioned provisions of the said order; if it does not, the record shall be withdrawn only if the record relating to that conviction or to the new criminal composition is deleted. "

    Item 8


    I. -Article R. 71 is supplemented by the following sentence:
    " Such notices may be received by letter, fax or telecomputer. "
    II. -In the first paragraph of Article R. 73 after the words: Established and transmitted " Are inserted the words: " , by letter, fax or telecomputer, ".

    Article 9


    The first paragraph of Article R. 78-1 is supplemented by the following words:" The issuance of Bulletin No. 1 may also be effected by teleinformatics, including when provided for by international conventions "

  • TITLE III: OVERSEAS APPLICATION, TRANSITIONAL PROVISIONS AND COMING INTO FORCE Article 10


    In addition to its full application in Mayotte, Under 5 ° of the I of Article 3 of the Act of 11 July 2001, this Decree is applicable in French Polynesia, in Wallis and Futuna Islands and in New Caledonia.

    Article 11


    I. -The Manager Service of the National Automated Criminal Court File for Sexual Offences is authorized to obtain a national file of inmates from the list of persons referred to in section 216, paragraph 2, of the Act The
    referred to in the preceding paragraph shall specify for each of the persons concerned the name of the last establishment in which the person has been or is held, the foreseeable date of his release, the address declared on his or her release thus The reference of the decision in which it was held.
    After Removed persons registered under Article 216 of the aforementioned Act, as well as the deceased, the service to the public prosecutor of the Republic of each of the places of condemnation the list of persons
    . Prior to the verification of the address and the notification that they order, the prosecutors of the Republic shall register in the file of persons who satisfy the requirements of paragraph 2 of Article 216 of the Act.
    II. -The request to the police and gendarmerie services pursuant to article 216, paragraph 2, of the aforementioned Act of 9 March 2004, established after automated consultation of the national file of prisoners, specifies the case The name of the last establishment where the person concerned has been or is being held, the foreseeable date of his release and the address declared on his release.
    The clearance referred to in Article R. 53-8-25 of the Code of Criminal Procedure is Applicable to the device referred to in the preceding
    . -Police or gendarmerie services responsible, pursuant to article 216, paragraph 2, of the aforementioned Act of 9 March 2004, to search for the persons referred to in the first paragraph of this Article and to notify them of their The provisions of Article R. 53-8-9 of the Code of Criminal Procedure.

    Article 12


    The provisions of Sections 1, 3 and 10 and Title III of this Order will come into force on June 30, 2005.
    The provisions of sections 4 to 9 of this Order will come into force on September 1, 2005.

    Section 13


    The Minister of The Minister of Defence, the Minister for Justice, the Minister for Foreign Affairs, the Minister for Foreign Affairs and the Minister for Overseas Affairs shall each be responsible for the The execution of this Decree, which shall be published in the Official Gazette of the Republic French.


Done at Paris, May 30, 2005.


Jean-Pierre Raffarin


By the Prime Minister:


Seals Guard, Minister of Justice,

Dominique Perben

The Minister of the Interior,

of Internal Security

and local freedoms,

Dominique de Villepin

The Minister of Defence,

Michèle Alliot-Marie

The Minister of Foreign Affairs,

Michel Barnier

The Minister for Overseas Affairs,

Brigitte Girardin


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