Act No. 2005 - 1549 Of 12 December 2005 On The Treatment Of Recurrence Of Criminal Offences

Original Language Title: LOI n° 2005-1549 du 12 décembre 2005 relative au traitement de la récidive des infractions pénales

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Legislation Decree No. 2006 - 385, 30 March 2006 amending the code of criminal procedure third part: decrees) and on the treatment of repeat offences summary amendment of the penal code, the code of criminal procedure, the code of public health. Amendment of Act No. 2004-204 of 9 March 2004 adapting the justice to developments in crime:-amendment: article 216.Modification of Act No. 2003-239 of 18 March 2003 on internal security:-Creation: after article 21 Article 21-1.
Key words JUSTICE, CODE PENAL, CODE of PROCEDURE criminal, CODE DE LA Santé PUBLIQUE, treatment, RECIDIVISM offence criminal, REITERATION, sentence, sentence, court criminal, Member State, European UNION, taking into account, monitoring judicial, person unsafe, conviction for CRIME, conviction for offence, PLACEMENT under SURVEILLANCE electronics MOBILE, safety measurement, monitoring SOCIO - judicial, overseas, EXTENSION, New Caledonia, French Polynesia, WALLIS and FUTUNA Islands, proposal of law records legislative Dossier Legislative Act No. 2005-1549 of 12 December 2005 JORF n ° 289, 13 December 2005 page 19152 text no. 1 law No. 2005-1549 of 12 December 2005 on the treatment of recurrence of criminal offences (1) NOR: JUSX0407878L ELI: https://www.legifrance.gouv.fr/eli/loi/2005/12/12/JUSX0407878L/jo/texte Alias: https://www.legifrance.gouv.fr/eli/loi/2005/12/12/2005-1549/jo/texte the National Assembly and the Senate have adopted, having regard to the Council decision constitutional No. 2005 - 527 DC of 8 December 2005;
The President of the Republic enacts the law whose content follows: title I:: provisions relating to RECIDIVISM, the REITERATION and stay section 1 according to article 132-16-2 of the penal code, are inserted two articles 132-16-3 and 132-16-4 thus written: «art.» 132-16-3.-the crimes of trafficking human and pimping under articles 225-4-1, 225-4-2, 225-4-8, 225-5 at 225-7 and 225-10 are considered, with regard to recidivism, as the same offence.
«Art.» 132 16-4.-the torts of assault to the people as well as any offence committed with the aggravating circumstance of violence are considered, with regard to recidivism, as the same offence. «Article 2 i. - inserted after article 132-16-2 of the penal code, it is an article 132-16-6 worded as follows: «art.» 132 16-6.-convictions handed down by the criminal courts of a Member State of the European Union are taken into account in respect of recidivism in accordance with the rules laid down in this subsection. "II. - article 442-16 of the code is repealed.


Section 3 subsections 3 and 4 of section 1 of chapter II of title III of book I of the penal code become subsections 4 and 5 and, after subsection 2, be inserted a subsection 3 as follows: "sub-section 3" of the penalties applicable in the event of repetition of offences «Art»» 132 16-7.-There is a reiteration of criminal offences when a person was sentenced finally for a felony or a misdemeanour and a new offence which does not meet the conditions of legal re-offending.
"Sentences handed down for the offence in reiteration stack without limitation of quantum and without any possibility of confusion with final sentences in the previous sentence."


Article 4 article 132-24 of the criminal code is supplemented by a paragraph worded as follows: "the nature, quantum and the regime of sentences are fixed so as to reconcile the effective protection of society, punishment of the convicted person and the interests of the victim with the need to promote the integration or reintegration of the convicted person and prevent the commission of new crimes."


Article 5 i. - The first paragraph of article 132-41 of the penal code is supplemented by a sentence as follows: "When the person is in a State of legal re-offending, it is applicable to imprisonment sentences imposed for a period of ten years at the most."
II. - The first paragraph of article 132-42 of the code is complemented by two sentences thus written: "when the person is in a State of legal re-offending, this period may be extended to five years. This period may be extended to seven years when the person is again in a State of legal re-offending. "III. the last paragraph of the same article 132-42 is complemented by a sentence as follows:"this part may not however exceed five years ' imprisonment. ' Article 6 article 132-41 of the penal code is supplemented by a paragraph worded as follows: "the Criminal Court may pronounce the sentence with probation against a person having already been the subject of two convictions assorted of deferment with probation for offences identical or similar within the meaning of articles 132 - 16 to 132-16-4 and being in a State of legal re-offending. When it comes to a crime, or a crime of assault, of a misdemeanor assault or sexual or an offence committed with the aggravating circumstance of violence, the Court may pronounce the sentence with probation against a person having already been the object of a sentence suspended with the testing for identical or similar offences and lying in a State of legal re-offending. However, these provisions are not applicable when the stay with the testing covers only a portion of the sentence imposed pursuant to the provisions of the last paragraph of article 132-42. «Article 7 after article 465 of the code of criminal procedure, it is inserted an article 465-1 worded as follows: «art.» 465-1.-when the acts are committed in a State of legal re-offending, the Court may, by special reasoned, decision warrant filing or judgment against the defendant, regardless of the duration of the sentence imposed.
"If it's a legal relapse within the meaning of articles 132-16-1 and 132-16-4 of the penal code, the Court issued warrant of committal at the hearing, regardless of the quantum of the sentence, unless it decides otherwise by a specially reasoned decision."


Article 8 i. - Section 717-1 of the code of criminal procedure is amended as follows: 1 ° in the last paragraph, the words: 'for the murder or killing of a minor of fifteen preceded or accompanied by rape, torture or acts of barbarity or for any offence referred to in articles 222-23-222-32 and 227-25 to 227-27 of the penal code"are replaced by the words : "for an offence for which the socio-judiciaire tracking is incurred";
2 ° are added two paragraphs thus written: "without prejudice to the provisions of article 763-7, of the penal enforcement judge may propose any sentenced under the provisions of the preceding paragraph to undergo treatment for the duration of his detention, if a physician believes that that person is likely to be subject to such treatment.»
'The provisions of articles l. 3711-1, l. 3711-2 and l. 3711-3 of the code of public health shall apply to the attending physician of the detainee convicted, which delivers it to certificates of follow-up of treatment in order to justify to the judge of the application of the penalties for obtaining sentence reductions under section 721-1.'
II. - Article 721-1 of the code is amended as follows: 1 ° in the first sentence of the first paragraph, after the words: 'learning', shall be inserted the words: ", with therapy to reduce the risk of recurrence."
2 ° in the second sentence of the first subparagraph, the words: "socio-judiciaire monitoring including a care order, and who refuse to follow treatment" are replaced by the words: "for an offence for which the socio-judiciaire tracking is incurred and who refuse to follow treatment offered to them.


Article 9 i. – in the first paragraph of article 717-3 of the code of criminal procedure, after the words: ' vocational training', shall be inserted the words: "or General".
II. - The second paragraph of the same article 717-3 reads as follows: 'Within prisons, measures are taken to ensure a professional activity, a general or vocational training to prisoners who request them.'


Article 10 at the beginning of the first paragraph of article 720-1-1 of the code of criminal procedure, shall be inserted the words: "unless there is a grave risk of renewal of the offence".


Article 11 i. - Before the last paragraph of article 720-1-1 of the code of criminal procedure, it is inserted a paragraph as follows: "If the suspension of sentence was ordered for a conviction in criminal cases, a medical expertise to check the conditions of the suspension still exist must intervene every six months."
II. - The provisions of this section are applicable to the current suspensions on the date of entry into force of this Act, regardless of the date of commission of the facts giving rise to the conviction.


Article 12 article 721 of the code of criminal procedure is amended as follows: 1 ° in the first paragraph, after the words: "following and ', shall be inserted the words:" for a sentence of less than one year or for the part of less than one full year sentence ';
2 ° the same paragraph is supplemented by the words: «;» for longer than one year sentences, the total of the reduction corresponding to the seven days per month cannot exceed two months. » ;
3 ° after the same paragraph, inserted a paragraph as follows:

"When the convicted person is in a State of legal re-offending, the credit of remission is calculated at height of two months the first year, one month for the following years and, for a sentence of less than one year or for the part of sentence less than a full year, of five days per month; for longer than one year sentences, the total of the reduction corresponding to five days per month cannot exceed one month. He however need not account of the provisions of this paragraph to determine the date from which a parole can be granted to the convicted person, this date being fixed by reference to a sentence reduction credit that would be calculated in accordance with the provisions of the first subparagraph. » ;
4 ° after the second paragraph, inserted a paragraph as follows: 'When the convicted person is in a State of legal re-offending, withdrawal provided for by the third paragraph of this article shall then two months per year and five days each month.';
5 ° in the penultimate preambular paragraph, the words: "the first paragraph" are replaced by the words: "the first or the second paragraph", and the words: ' paragraph 2' shall be replaced by the words: "in the third paragraph.


Article 13 after section 723-28 of the code of criminal procedure, it is inserted a section 9 as follows: "Section 9" provisions relating to judicial supervision of dangerous persons sentenced for a crime or offence «Art»» 723-29.-when a person has been sentenced to deprivation of liberty for a time equal or greater than ten years for a felony or a misdemeanour for which the socio-judiciaire tracking is incurred, the enforcement judge may, on requisitions of the Procurator of the Republic, order as a measure of safety and solely to prevent a return whose risk is proven that it will be placed under judicial supervision upon his release and for a period which may not exceed the corresponding to the credit of remission or reductions of additional penalties it has received and which were not the subject of a decision to withdraw.
«Art.» 723-30.-judicial supervision may include the following obligations: 1 ° Obligations laid down by article 132-44 and 2 °, 3 °, 8 °, 9 °, 11 °, 12 °, 13 ° and 14 ° of article 132-45 of the penal code;
«2 ° obligations under articles 131-36-2 (1 °, 2 ° and 3 °) and 131-36-4 of the code;
«3 ° obligation provided for in article 131-36-12 of the same code.
«Art.» 723-31.-recidivism risk referred to in article 723-29 must be found by a medical expertise ordered by the judge of the application penalties in accordance with the provisions of article 712-16, and whose conclusion reveals the dangerousness of the offender. This expertise can be also ordered by the Prosecutor of the Republic.
«Art.» 723-32.-the decision provided for in article 723-29 is taken before the date set for the release of the convicted person, by a judgment rendered in accordance with the provisions of article 712-6. Where is provided obligation referred to 3 ° of article 723-30, the decision comes after opinion of the multidisciplinary Committee security measures. In the adversarial debate provided for in article 712-6, the convicted person is assisted by counsel chosen by him, or, at his request, appointed by the President.
"The judgment States the obligations to which the convict is held, and the duration of these.
«Art.» 723-33.-the convict placed under judicial supervision is also the subject of measures of assistance and control designed to facilitate and verify its reintegration.
"These measures and obligations to which the convicted person is subject are implemented by the enforcement judge assisted by the prison service integration and probation, and, where appropriate, with the assistance of the bodies empowered to this effect.
«Art.» 723-34.-the judge of the enforcement of sentences may amend the obligations to which the convicted person is bound by order as laid down by article 712-8.
"If the reintegration of the convicted person is acquired, it can, by judgment in the manner provided by section 712-6, put an end to these obligations.
"If the behaviour or the personality of the convicted person justified, it may, by judgment as laid down by the last sentence of the first subparagraph of article 723-32, decide to extend the duration of these obligations, the total duration of these exceed that laid down in article 723-29.
«Art.» 723-35.-in the event of non-compliance by the convicted person of the obligations and prohibitions which have been imposed, judge of the penal enforcement may, as laid down by article 712-6, withdraw all or part of the duration of the reductions of sentence received and order recommitment. The provisions of article 712-17 shall apply.
' Of the penal enforcement judge notifies the offender than the measures provided for in articles 131-36-4 and 131-36-12 of the criminal code cannot be implemented without her consent, but that, in default, all or part of the term of sentence reductions received may, pursuant to the first subparagraph, to be removed. ''
«Art.» 723-36.-the provisions of this section shall not apply if the person has been sentenced to socio-judiciaire follow-up or if it is the object of a conditional discharge.
«Art.» 723-37.-a decree determines as necessary the terms and conditions for the application of the provisions of this section. "Article 14 article 729 of the code of criminal procedure is amended as follows: 1 ° the last sentence of paragraph 2 is supplemented by the words:"or, if the convicted person is in a State of legal re-offending, twenty years. "
2 ° the last paragraph reads as follows: "for those sentenced to life imprisonment, the test time is eighteen years; It is twenty-two years if the convicted person is in a State of legal re-offending. ' Article 15 the last paragraph of article 729-3 of the code of criminal procedure is supplemented by the words: "or for an offence committed in a State of legal re-offending".


Article 16 after article 132-16-2 of the penal code, inserted an article 132-16-5 worded as follows: «art.» 132-16-5.-the State of legal re-offending may be relieved from office by the trial court even when it is not mentioned in the Act of prosecution, therefore that during the hearing the person being prosecuted has been informed and she was put in a position to be assisted by counsel and to present its comments. ' Article 17 the last paragraph of article 132-19 of the criminal code is supplemented by a sentence as follows: "However, there not rise to special motivation when the person is in a State of legal re-offending. "Article 18 i. - in the third paragraph of article 398 of the code of criminal procedure, the words:"unless the penalty, taking into account the State of legal re-offending in the accused, is more than five years ' imprisonment' shall be deleted.
II. - Article 398-2 of the code is amended as follows: 1 ° in the first sentence of the last paragraph, the words: 'if the complexity of the facts warrant"shall be replaced by the words: 'If this reference seems justified due to the complexity of the facts, or with particular regard to the provisions of the last paragraph, because of the importance of the penalty may be imposed".
2 ° a paragraph as follows is added: "the Correctional Court sitting in its composition laid down by the third paragraph of article 398 may impose a sentence of imprisonment for a period exceeding five years."

Title II: Provisions relating to PLACEMENT SOUS SURVEILLANCE electronic MOBILE Article 19 after article 131-36-8 of the penal code, inserted a subsection 7 as follows: "sub-section 7 ' placement in mobile electronic surveillance as a safety measure «Art»» 131-36-9.-socio-judiciaire monitoring may also include, as a safety measure, placing under mobile electronic surveillance, in accordance with the provisions of this subsection.
«Art.» 131-36-10.-placing under mobile electronic surveillance may be ordered against a person sentenced to deprivation of liberty for a period equal to or greater than seven years and a medical expertise has found dangerousness, where such a measure appears necessary to prevent recidivism from the day where the deprivation of liberty is terminated.
«Art.» 131 36-11.-when it is ordered by the Criminal Court, placing under mobile electronic surveillance must be the subject of a specially reasoned decision.
"When he is ordained by the Assize Court, it must be decided in the majority conditions laid down by article 362 of the code of criminal procedure for the imposition of the maximum sentence.
«Art.» 131-36-12.-placing under mobile electronic surveillance entails the obligation to wear for a duration of two years, renewable once in tort and twice in criminal matters, for the convict a transmitter allowing at any time to determine remote its location throughout the national territory.
"The president of the court notifies the condemned the placement under electronic surveillance mobile cannot be implemented without its consent, but that, failing or if it misses its obligations, imprisonment pronounced pursuant to the third paragraph of article 131-36-1 may be implemented. ''
«Art.» 131-36-13.-the implementing of the placement under mobile electronic surveillance are laid down in Title VII of book V of the code of criminal procedure. "Article 20

It is inserted after article 763-9 of the code of criminal procedure, a title VII ter reading as follows: "Title VII TER" placement under supervision electronic MOBILE as a safety measure «Art»» 763-10.-one year at least before the date of his release, the sentenced person to the placement under electronic surveillance mobile in application of articles 131-36-9, l31-36-12 of the criminal code made the subject of an examination to assess his dangerousness and measure the risk of commission of a new offence.
"This review is being implemented by the judge of the application of punishments, after opinion of the multidisciplinary Committee of security measures consisting in a manner determined by the Decree provided for in article 763-14. The provisions of article 712-16 are applicable.
"In the light of this review, the judge of the penal enforcement determines, as laid down by article 712-6, the duration during which the convicted person will be effectively placed under mobile electronic surveillance. This period may not exceed two years, renewable once in tort and twice in criminal matters.
"The judge sentences reminded the convict that placement under electronic surveillance mobile cannot be implemented without its consent, but that, failing or if it fails in its obligations, imprisonment pronounced pursuant to the third paragraph of article 131-36-1 of the penal code can be implemented.
"Six months before the expiry of the time limit, the judge of the penal enforcement statue, under the same terms, on the extension of the placement under mobile electronic surveillance in the limit in the third paragraph.
"Absence of extension, is terminated the placement under mobile electronic surveillance.
«Art.» 763-11.-during the period of placement under mobile electronic surveillance, the judge of the application of penalties may ex officio, on requisition of the Prosecutor of the Republic or at the request of the convicted person presented, where appropriate, through his counsel, modify, supplement or withdraw the obligations resulting from said investment.
«Art.» 763-12.-the convict placed under mobile electronic surveillance is bound to the port for the duration of the placement of a device incorporating a transmitter for at any time to determine remote its location throughout the national territory.
"This device is installed on the convicted person no later than a week before its release.
"The process used is approved for this purpose by the Minister of justice. Its implementation must guarantee respect for the dignity, integrity and privacy of the person and facilitate its reintegration.
«Art.» 763-13.-the remote control of localization of the convicted person is subject to automated processing of personal data, implemented in accordance with the provisions of Act No. 78-17 of 6 January 1978 relating to data processing, files and freedoms.
"In the context of research related to a proceeding relating to a crime or an offence, judicial police officers specially empowered for this purpose are allowed to view the data contained in this treatment.
«Art.» 763-14.-a decree in Council of State shall determine the conditions for the application of this title. This Decree stipulates the conditions in which the assessment provided for in article 763-10 is implemented. It also specifies the conditions for the entitlement of persons governed by private law which can be entrusted the detachable technical performance of the functions of sovereignty on the placement under electronic surveillance including the design and maintenance of the device provided for in article 763-12 and mobile and automated processing provided for in article 763-13.
"This Decree provisions on automated processing provided for in article 763-13, which specify, inter alia, the shelf life of stored data, are taken after consultation with the National Commission of data processing and freedoms."


Article 21 article 763-3 of the code of criminal procedure is supplemented by a paragraph worded as follows: 'of the penal enforcement judge may also, after having carried out the examination provided for in article 763-10, order entry for mobile electronic surveillance of the convicted person. The application judge sentences warns the convict that placement under electronic surveillance mobile cannot be implemented without her consent but that default or if missing its obligations, imprisonment pronounced pursuant to the third paragraph of article 131-36-1 of the penal code will be implemented. The provisions of the second paragraph of this article shall apply. «Article 22 after article 731 of the code of criminal procedure, it is inserted an article 731-1 worded as follows: «art.» 731-1.-the person subject to a conditional release may be subject to obligations that are those of socio-judiciaire follow-up, including the injunction to care, if it has been sentenced for a crime or an offence for which this measure was incurred.
«This person may then be also placed under mobile electronic surveillance under the conditions and in the manner provided by sections 763-10-763-14.»

Title III: Provisions relating to monitoring SOCIO-JUDICIAIRE Article 23 I. - article 221-9-1 of the penal code reads as follows: «art.» 221 9-1.-physical persons guilty of the crimes provided by section 1 of this chapter also incur the socio-judiciaire monitoring in the manner prescribed by articles 131-36-1 to 131-36-13. «II. - after article 224-9 of the same code, inserted a section 224-10 worded as follows: «art.» 224-10.-physical persons guilty of the crimes provided by section 1 of this chapter also incur the socio-judiciaire monitoring in the manner prescribed by articles 131-36-1 to 131-36-13. «Article 24 i. - the beginning of article 222-48-1 of the penal code reads as follows: «The natural persons guilty of torture or acts of barbarity or offences...» (rest unchanged). "II. - at the end of the same article 222-48-1, the reference: '131-36-8' is replaced by: '131-36-13.
III. - At the end of article 227-31 of the same code, the reference: '131-36-8' is replaced by: '131-36-13.


Article 25 i. - After article 322-17 of the penal code, it is an article inserted 322-18 worded as follows: «art.» 322-18.-physical persons guilty of the offences defined in articles 322-6-322-11 may also be sentenced to socio-judiciaire monitoring in the manner prescribed by articles 131-36-1 to 131-36-13. "II. - in the penultimate paragraph of article 322-5 of the code, the words:"for eight days at most"are replaced by the words:"at least eight days.


Article 26 after article l. 3711-4 of the code of public health, it is inserted an article l. 3711-4-1 worded as follows: «art.» L. 3711-4-1. -If personality of convicted person justifies it, the coordinating physician can invite it to choose from, or in addition to the physician, either instead of the latter, a psychologist treating whose degree conditions and missions are specified by the Decree provided for in article l. 3711-5.
'The provisions of articles l. 3711-1 to l. 3711-3 applicable to the attending physician shall apply to this psychologist with the exception of those provided for in the last paragraph of article l. 3711-3.'


Article 27 article l. 3711-3 of the public health code is supplemented by a paragraph worded as follows: "when it has been approved for this purpose, the attending physician is authorized to prescribe to the condemned, with the consent written and renewed at least once per year, of the latter, a treatment using medications whose list is fixed by order of the Minister of health and resulting in a decrease in libido. even if the authorisation for the placing on the market was not issued for this indication. ' Article 28 i. - the code of criminal procedure is amended as follows: 1 ° article 706-47 is supplemented by a paragraph worded as follows: 'these provisions shall also apply to procedures concerning the crimes of murder or murder committed with torture or acts of barbarity, the crimes of torture or acts of barbarity and the murder or murders committed in a State of legal re-offending. » ;
2 ° before article 706-53-1, the title of chapter II of title XIX of book IV reads as follows: "to the judicial national automated file sexual or violent offenders."
3 ° the beginning of article 706-53-1 reads as follows: 'the national judicial file automated sexual offences or violent is... '. (rest unchanged). » ;
4 ° in the penultimate paragraph of article 706-53-5, after the words: "to this end," shall be inserted the words: 'either with the office or the gendarmerie to his home unit, or ";
5 ° the fourth paragraph (3 °) of article 706-53-7 is supplemented by the words: "as well as for the control of the exercise of these activities or professions."
6 ° the same article 706-53-7 is supplemented by a paragraph worded as follows: «judicial police officers may also, on the instruction of the Attorney of the Republic or the judge of instruction or with the permission of the magistrate, consult the file from the identity of a person held in police custody a scent or a preliminary inquiry or in execution of a commission investigation. even if this procedure does not apply to any of the offences referred to in 2 ° of this article. »

II. - II of section 216 of the Act No. 2004 - 204 of 9 March 2004 on the adaptation of justice to developments of crime is a sentence added as follows: 'In the context of this research, the provisions of the first paragraph of article 78 of the code of criminal procedure shall apply.'
III. - The provisions of section 216 of the Act No. 2004-204 of 9 March 2004 adapting the justice to developments in crime are applicable to the perpetrators of the offences mentioned in the last paragraph of article 706-47 of the code of criminal procedure in its preparation resulting from 1 ° of this article I.


Article 29 i. - Article 712-7 of the code of criminal procedure is supplemented by a paragraph worded as follows: "If he so requests, counsel for the civil party may attend the adversarial court enforcement of penalties to enforce its comments before the requisitions of the Crown."
II. - Article 712-13 of the code is supplemented by a paragraph worded as follows: "If he so requests, counsel for the civil party may attend the contradictory debate in the House of the enforcement of sentences of the Court of Appeal ruling in appeal from a judgment of the Court of the application of punishments to enforce its comments before the requisitions of the Crown."


Article 30 article 21 of Act No. 2003-239 of 18 March 2003 on internal security, it is inserted an article 21-1 worded as follows: «art.» 21-1.-i.-units and services of the police and gendarmerie responsible for a national judicial police mission can implement, under the control of the judicial authorities, the automated processing of personal data collected during the preliminary investigations or flagrante or investigations carried out on commission and concerning any crime or offence with serious personal injury punished more than five years ' imprisonment or detrimental to goods and punished more of seven years ' imprisonment, or collected during research of cause procedures of the death and causes of disappearance concern, in order to facilitate the finding of crimes and offences character serial, to gather evidence and to identify authors, through the establishment of links between individuals, events, or offences to highlight this serial nature.
"These treatments may save the personal data of the nature of those referred to in I of article 8 of Act No. 78-17 of 6 January 1978 relative to information technology, files and freedoms, to the extent strictly necessary for the purposes of criminal research assigned to such treatments.
«II.-these treatments may contain data on individuals, without age limitation: "1 ° against whom there is serious or concordant indices making it likely that they have been able to participate as authors or accomplices, in the commission of an offence referred to in the first paragraph of the I;» registration of data concerning these persons can intervene, if necessary, after their conviction;
«2 ° a against which there are serious reasons to suspect that they have committed or attempted to commit an offence referred to in the first paragraph of the I;
«3 ° to provide information on the facts within the meaning of articles 62 and 78-101 of the code of criminal procedure, the identity of which is cited in proceedings relating to an offence referred to in the first paragraph of the I;
«4 ° victims of an offence referred to in the first paragraph of the I;
«5 ° the subject of an investigation or a statement for research of causes of the death, provided for in article 74 of the code of criminal procedure, an investigation or a statement for research into the causes of a disturbing or suspicious disappearance, provided for in articles 74-1 and 80-4 of the same code. ".
'III. - the provisions of III of article 21 shall apply to these treatments.
"The persons mentioned in the 2 °, 3 ° and 4 ° of the II may request the erasure of data recorded in the treatment once the perpetrator has been definitively convicted, unless the competent public prosecutor in prescribed maintenance for reasons related to the purpose of the processing, in which case they are the subject of a statement. ''
"IV. are recipients of the personal data referred to in this article:"-individually designated and specially authorised personnel of the police and the national gendarmerie;
"- the prosecutors and magistrates, for research related to the offences with which they are seized.
"Empowerment"says the nature of the data to which it grants access.
«V. - the provisions of article 17-1 of Act No. 95-73 of 21 January 1995 orientation and safety programming are not applicable to the treatment provided for in this article.
«VI.-pursuant to article 26 of Act No. 78-17 of 6 January 1978, supra, a decree in Council of State, taken after the opinion of the National Commission of data processing and freedoms, fixed the modalities for the application of this article. '. He said the shelf life of stored data, the arrangements for the entitlement of persons mentioned in paragraph 2 of the IV, as well as, where appropriate, the conditions under which interested persons may exercise their right of indirect access, in accordance with the provisions of section 41 of Act No. 78-17 of January 6, 1978. «Title IV: provisions miscellaneous Article 31 I. - after article 222-31 of the penal code, it is inserted an article 222-31-1 worded as follows: «art.» 222 31-1.-when the rape or sexual assault is committed against a minor by a person of parental authority, the trial court must decide on the total or partial withdrawal of this authority in accordance with the provisions of articles 378 and 379-1 of the civil code.
"It can then decide on the withdrawal of this authority in that it concerns the minor victim's brothers and sisters.
"If prosecutions take place before the Assize Court, it shall decide on this issue without the assistance of a jury."
II. After article 227-28-1 of the same code, it is inserted an article 227-28-2 worded as follows: «art.» 227 28-2.-when the sexual infringement is committed on the victim by a person of parental authority, the trial court must decide on the total or partial withdrawal of this authority in accordance with the provisions of articles 378 and 379-1 of the civil code.
"It can then decide on the withdrawal of this authority in that it concerns the minor victim's brothers and sisters.
"If prosecutions take place before the Assize Court, it shall decide on this issue without the assistance of a jury."


Article 32 article 222-24 of the criminal code is supplemented by a 10 ° as follows: "10 ° when it is committed in competition with one or more other rapes committed on other victims."


Article 33 in the second paragraph (1 °) of article 144 of the criminal procedure code, after the words: "on witnesses or victims," shall be inserted the words: 'and their families '.


Article 34 article l. 3213-7 of the code of public health is supplemented by a paragraph worded as follows: "all purposes useful, the Prosecutor of the Republic informed the representative of the State Department of its requisitions as well as hearing dates and decisions rendered.".


Article 35 i. - 5 ° of article 41-1 of the code of criminal procedure, it is inserted after a 6 ° as follows: "6 ° in case of offence or against his spouse or cohabitee, or against his children or the children of the latter, ask the author facts reside outside the domicile or the residence of the couple, and the appropriate to refrain from forthcoming in domicile or residence, or in the immediate vicinity, as well as, if necessary, be the subject of a health, social or psychological support. "II.-13 ° of article 41-2 of the code, it is inserted after a 14 ° as follows:"14 ° infringement committed either against his spouse or cohabitee, or against their children or the children of the latter, reside out of the home or residence of the couple, and, where appropriate, refrain from appear in domicile or residence, or in the immediate vicinity of the , as well as, if necessary, be the subject of a health, social or psychological support. "III.-16 ° of article 138 of the code, it is inserted after a 17 ° as follows:"17 ° infringement committed either against his spouse or cohabitee, or against their children or the children of the latter, reside out of the home or residence of the couple, and, where appropriate, refrain from appear in domicile or residence, or in the immediate vicinity of the , as well as, if necessary, be the subject of a health, social or psychological support. "IV.-article 132-45 of the penal code is supplemented by a 19 ° worded as follows: '19 ° infringement committed either against his spouse or cohabitee, or against their children or the children of the latter, reside out of the home or residence of the couple and, where appropriate, refrain from appear in domicile or residence, or in the immediate vicinity of the , as well as, if necessary, be the subject of a health, social or psychological support. ' Article 36 i. - article 434-7-2 of the penal code is amended as follows:

1 ° the words: "to disclose, directly or indirectly, such information to persons likely to be involved" are replaced by the words: "to knowingly disclose such information to people she knows is likely to be involved."
2 ° the words: 'is likely to hamper' are replaced by the words: "is conducted in order to hinder."
3 ° the words: "five years imprisonment and a 75,000 fine" are replaced by the words: "two years imprisonment and a fine of 30,000 '.
4 ° a paragraph as follows is added: "Where the investigation or the statement relates to a crime or an offence punishable by ten years ' imprisonment under the provisions of article 706-73 of the code of criminal procedure, sentences are brought to five years imprisonment and a 75,000 fine."
II. - in the first sentence of the second paragraph of article 43 of the code of criminal procedure, the words: ' a person vested with public authority or responsible for a public service mission "are replaced by the words:" a magistrate, lawyer, public or ministerial, officer a member of the national gendarmerie, an official of the national police, customs or the prison administration or any other person vested with public authority or responsible for a public service mission.


Article 37 article 56-1 of the code of criminal procedure is amended as follows: 1 ° the first paragraph is replaced by two paragraphs thus written: "searches in the office of a lawyer or his home can be made only by a judge and in the presence of the Bâtonnier or his delegate, following a written and reasoned decision taken by the judge. which indicates the nature of the offence or offences covered by the investigations, the reasons justifying the search and the object of it. The content of this decision is carried from the beginning of the search to the knowledge of the President or his delegate by the magistrate. It and the President or his delegate have the right to consult or be aware of the documents found in the premises prior to their eventual seizure. No seizure may concern documents relating to other offences not mentioned in the draft decision. The provisions of this paragraph are enacted on pain of nullity.
'The magistrate conducting the search ensures that conducted investigations do not affect the free exercise of the legal profession.';
2 ° a paragraph as follows is added: "the provisions of this article are also applicable to searches at the premises of the order of lawyers or crates of monetary regulation of lawyers. In this case, the functions entrusted to the judge of freedoms and detention are exercised by the president of the High Court which must be previously notified of the search. It is likewise in the case of search to cabinet or to the home of the President. ' Article 38 article 100-5 of the code of criminal procedure is supplemented by a paragraph worded as follows: "A penalty of nullity, cannot be transcribed for matches to a lawyer in the exercise of the rights of the defence. ' Article 39 i. - article 76 of the code of criminal procedure is amended as follows: 1 ° in the first sentence of the last paragraph, after the words: "of the investigation", the words are inserted: ' a crime or ";
2 ° a paragraph as follows is added: "for the purposes of the provisions of the preceding paragraph, is competent judge of freedoms and detention of the tribunal de grande instance with the Prosecutor of the Republic directs the investigation, irrespective of the jurisdiction in the jurisdiction from which the search should occur. The judge of freedoms and detention can then move the scene regardless of their location in the national territory. The public prosecutor can also apply to the judge of freedoms and detention of the High Court in the jurisdiction of which the search should occur through the public prosecutor of that Court. » II. - section 135-2 of the same code is supplemented by two paragraphs thus worded: "the presentation before the judge of freedoms and detention provided for by the above provisions is unnecessary if, in a timely manner to this presentation, the person may appear before the Court's judgment of the facts.
"The provisions of this article are also applicable to the arrest warrants issued after the order of rules. They are not applicable when, subsequent to the issuance of the arrest warrant issued during the investigation or after its settlement, the person has been sentenced to deprivation of liberty either in correctional matters by a contradictory judgment or deemed contradictory or in criminal matters by a judgment by default; Similarly, they are not applicable when the warrant was issued as a result of such condemnation. In these cases, without any need to present it before the judge of freedoms and detention, the arrested person is remanded in custody until the expiry of the periods of appeal and, in case of appeal, until his appearance before the trial court, without prejudice to its right to form applications for bail. "III. - in the second paragraph of article 379-4 of the code, after the reference: 'article 379-3', shall be inserted the words: 'or awarded before the judgment of conviction '.
IV. - Article-498-1 of the code is supplemented by two well written paragraphs: "If the person has been committed in execution of the sentence after the expiration of the ten day period provided for in the first subparagraph and it forms appeal in accordance with the provisions of the second paragraph, it remains however held, under the regime of pre-trial detention and without prejudice to its right to form applications for bail. , until the hearing before the Court of appeal.
"The provisions of this article are also applicable in the case of iterative default."
V. - After the first paragraph of article 695-36 of the same code, there shall be inserted a paragraph worded as follows: "the provisions of article 74-2 are applicable, the powers of the Prosecutor of the Republic and the judge of freedoms and detention provided for by this article being respectively entrusted to the Attorney general and the president of the Board of education or a Councillor designated by him. ''
VI. - After the first subparagraph of article 696-21 of the same code, there shall be inserted a paragraph worded as follows: "the provisions of article 74-2 are applicable, the powers of the Prosecutor of the Republic and the judge of freedoms and detention provided for by this article being respectively entrusted to the Attorney general and the president of the Board of education or a Councillor designated by him. ''
VII. - Article 706-92 of the code is supplemented by a paragraph worded as follows: "for the purposes of the provisions of articles 706-89-706-90 is competent judge liberties and detention of the tribunal de grande instance with the Prosecutor of the Republic directs the investigation, irrespective of the jurisdiction in the jurisdiction from which the search should occur. The judge of freedoms and detention can then move the scene regardless of their location on the whole of the national territory. The public prosecutor can also apply to the judge of freedoms and detention of the High Court in the jurisdiction of which the search should occur through the public prosecutor of that Court. "VIII. - the second paragraph of article 706-96 of the same code is supplemented by a sentence as follows:"the provisions of this paragraph are also applicable to transactions relating to uninstalling the technical device having been implemented. "IX. - at the end of the last paragraph of article 716-4 of the code, after the words:" article 712-17"shall be inserted the words:", article 712-19.
X. - In the last paragraph of article 721-3 of the same code, the reference: "712-6" is replaced by the reference: "712-7.
XI. - In the first sentence of article 723-2 of the same code, after the words: "of the parole", shall be inserted the words: "or placement abroad.
XII. – 1. At the end of the first sentence of the first paragraph of article 733-2 of the code of criminal procedure, the words: ' implementation of the first paragraph of article 131-22 of the criminal code"are replaced by the words:"pursuant to the provisions of the second paragraph of articles 131-9 and 131-11 of the criminal code.
2. the 2 ° of article 174 of the law No. 2004-204 of 9 March 2004 adapting the justice to developments in crime is repealed.
XIII. - in the first subparagraph of article 742 of the code, the words: "order" shall be replaced by the words: "reasoned judgment.
XIV. - 1. Section 762 of the same code becomes article 761-1.
2. He is restored to the same code, a section 762 as follows: «art.» 762 - when of the penal enforcement judge rules pursuant to the provisions of section 754 to enforce the imprisonment incurred for default of payment of a fine day, the provisions of article 750 are not applicable.
'The provisions of sections 752 and 753 shall apply. For the purposes of article 754, a formal notice to pay, addressed by registered letter with request for acknowledgement of receipt, has the same effect as a commandment to pay. »

XV. - In the last paragraph of article 762-4 of the code, the reference: "712-5" is replaced by the reference: "712-8.


Article 40 article 712-2 of the code of criminal procedure is supplemented by a paragraph worded as follows: "For the functioning of his office, the enforcement judge is assisted by a clerk and equipped with a secrecy."

Title V provisions transitional and relating to the overseas Article 41 what is the date of commission of the facts giving rise to the conviction, are immediately applicable: 1 ° the provisions of the second paragraph of article 721 of the code of criminal procedure, in their editorial resulting from article 12 of this Act, the sentences to run after the date of entry into force of this Act;
2 ° the provisions of article 731-1 of the code of criminal procedure, in their editorial resulting from article 22 of the Act, for convictions running after the date of entry into force of this Act.
The provisions of article 723-36 of the code of criminal procedure, in their editorial resulting from article 13 of this Act and which prohibit recourse to judicial supervision when the person has been sentenced to socio-judiciaire follow-up, are not applicable to sentences for acts committed prior to the entry into force of this Act.


Article 42 the judicial surveillance provisions of article 723-29, of 1 °, 2 ° and 3 ° of article 723-30, and 723-31-723-37 articles of the code of criminal procedure are immediately applicable to convicted persons whose risk of re-offending is discovered after the date of entry into force of this Act.
However, if he is convicted for acts committed before this date, the powers conferred on the judge of the penal enforcement by 723-29 and 723-31 articles are exercised by the Court of enforcement penalties. If the request condemned expertise under article 723-31 is the object of a second opinion, it is right.
For the purposes of the provisions of article 723-29 to persons whose sentencing has been implemented before January 1, 2005, it took account of the reductions of sentence the convict received in accordance with the provisions of article 721 of the code of criminal procedure as drafted prior to Act No. 2004 - 204 of 9 March 2004 on the adaptation of justice to developments in crime.
For the purposes of the provisions of article 723-29 to those sentenced before 1 March 1994, is account of the nature of the facts for which they were sentenced under the empire of the provisions of the criminal code applicable before that date, under the qualifications provided for by the provisions of the criminal code applicable from that date.


Article 43 this Act is applicable in New Caledonia, French Polynesia and the Islands Wallis and Futuna.
This Act will be enforced as law of the State.

Done at Paris, December 12, 2005.
Jacques Chirac by the President of the Republic: Prime Minister Dominique de Villepin the keeper of the seals, Minister of justice, Pascal Clément the Minister of health and solidarity Xavier Bertrand (1) Law No. 2005-1549.
-Preparatory work: National Assembly: Bill No. 1961;
Report by Mr. Gérard Léonard, on behalf of the commission of laws, no. 1979;
Discussion on 14 and 16 December 2004 and adopted on December 16, 2004.
Senate: Proposal of law adopted by the National Assembly, no. 127 (2004-2005);
Report of Mr. François Zocchetto, on behalf of the commission of laws, no. 171 (2004-2005);
Discussion and adoption on 9 February 2005.
National Assembly: draft law, as amended by the Senate, no. 2093;
Report by Mr. Gérard Léonard, on behalf of the commission of laws, no. 2452;
Discussion on 12 and 13 October 2005 and adopted on 13 October 2005.
Senate: Proposal of law, adopted with amendments by the National Assembly second reading, no. 23 (2005-2006);
Report of Mr. François Zocchetto, on behalf of the commission of laws, no. 30 (2005-2006);
Discussion on 25 and 26 October 2005 and adopted on 26 October 2005.
Senate: Report of Mr. François Zocchetto, on behalf of the joint mixed commission, no 72 (2005-2006);
Discussion and adoption on 22 November 2005.
National Assembly: draft law, as amended by the Senate at second reading, no. 2620;
Report by Mr. Gérard Léonard, on behalf of the joint mixed commission, no. 2664;
Discussion and adoption on 24 November 2005.
-Constitutional Council: Decision No. 2005-527 DC of 8 December 2005 published in the Official Journal of that day.

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