Key Benefits:
The Prime Minister,
On the Seal Care Report, Minister of Justice,
In view of the Civil Code, in particular Article 16-12;
In view of the Code of Criminal Procedure, in particular Articles 157 and 706-54 to 706-56;
Law No. 71-498 of 29 June 1971 on judicial experts, as amended by Law No. 94-653 of 29 July 1994;
Having regard to Law No. 94-653 of 29 July 1994 on respect for the human body, in particular Article 11;
In view of Act No. 2001-616 of 11 July 2001 on Mayotte, in particular its Article 3-I (5 °);
In view of Law No. 2003-239 of 18 March 2003 for internal security, in particular Articles 29, 121 and 131;
Given the decree N ° 97-109 of 6 February 1997 on the conditions for the approval of persons authorised to carry out DNA identifications in the context of judicial proceedings, as amended by Decree No. 99-147 of 4 March 1999 and by Decree No. 2002-931 of 11 June 2002;
The Conseil d' Etat (section of the interior) heard,
Describes:
The decree of 6 February 1997 referred to above is amended in accordance with Articles 2 to 5 of this Decree.
In the third paragraph of Article 2, the words: " Directorate of Criminal Matters and Pardons " Are substituted for the words: " Directorate of Civil Affairs and Seal ".
Section 10-1 is modified as follows:
I.-In the first paragraph, after the words: " Of Article 4 ' shall be inserted as follows: ' Or section 14-1 ".
II. -In the third paragraph, the words: And on name " Are deleted.
It is inserted after the eighth sub-paragraph (g) of Article 13, two additional paragraphs written:
" (h) Commission for a serious professional misconduct as referred to in the fourth paragraph of Article 5 of Act No. 71-498 of 29 June 1971 on judicial experts;
" (i) Cessation of legal ties between the person and the laboratory. "
I. -Section V becomes Section IV.
II. -It is inserted after Article 15 a section V so drafted:
"Section V
" Approval of persons likely to be required for the purpose of carrying out an identification analysis by
fingerprint " Article 15 -1. -By way of derogation from the provisions of Articles 4 and 5 of this Decree, persons who may be required pursuant to the second paragraph of Article 706-56 of the Code of Criminal Procedure, for the purpose of carrying out an analysis Identification by DNA fingerprinting, for registration in the national automated DNA fingerprinting file or a reconciliation with the data included in this file, may be approved under Article 3 of the present Order, without the need for pre-registration on a list of judicial experts Or that the persons concerned are holders of one of the diplomas referred to in Article 5, provided that at least five years' work and seniority are justified in the application of molecular biology, of the police laboratories Of the Scientific Research Institute of the National Gendarmerie and of the other laboratories approved by the Committee established by Article 1.
" Art. 15 -2. -Approval shall be valid only for the exercise of the tasks which may be entrusted by application of the second subparagraph of Article 706-56 of the Code of Criminal
. It cannot be reported on a ground of non-compliance with the provisions of a and b of Article 13 of this Decree. "
The provisions of the decree of 6 February 1997 referred to above, in their drafting of this Decree, shall be, as the authorisation scheme provided for in those texts Product in the field of criminal procedure, applicable in New Caledonia, French Polynesia and the Wallis and Futuna Islands. Within the same limits, they are applicable to Mayotte under the 5 ° of the I of Article 3 of the aforementioned Law of 11 July 2001.
The Minister of the Interior The Minister of Justice, the Minister for Defence and the Minister for Overseas Affairs shall be responsible for the execution of this Decree, which shall be published in the Official Journal of the French Republic.
Done at Paris, May 25, 2004.
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 the Overseas,
Brigitte Girardin
