Key Benefits:
The National Assembly and the Senate deliberated,
The National Assembly adopted,
The President of the Republic enacts the following legislation:
In the second sentence of the third paragraph of Article 41 of the Code of Criminal Procedure, the word "quarter" is replaced by the word "year".
I. - In the first paragraph of articles 63, 77 and 154 of the Code of Criminal Procedure, the words: "indicative indices" are replaced by the words: "one or more plausible reasons to suspect".
II. - In the last paragraph of Article 62, in the first paragraph of Article 153 and in the first paragraph of Article 706-57 of the same Code, the words: "no index presuming" are replaced by the words: "no plausible reason to suspect" and, in the second paragraph of Article 78 of the same Code, the words: "no indexes presume" are replaced by the words:
I. - The second sentence of the first paragraph of Article 63-1 of the Code of Criminal Procedure is deleted.
II. - In the third sentence of the first paragraph of the same article, the words: "that it has the right not to answer the questions that will be asked by the investigators" are replaced by the words: "that it has the choice to make statements, to answer the questions that will be asked to it or to silence."
III. - The same article is supplemented by two sub-items:
"If the person is released at the end of the custody without any decision by the Public Prosecutor on public action, the provisions of section 77-2 are brought to his or her attention.
"Except in cases of insurmountable circumstance, due diligence for the investigators of the communication of the rights referred to in articles 63-2 and 63-3 shall intervene no later than three hours from the time the person was placed in custody. »
IV. - In the first paragraph of section 63-2 of the same code, the words: "without delay" are replaced by the words: "within the period specified in the last paragraph of section 63-1".
The second paragraph of Article 153 of the Code of Criminal Procedure is as follows:
"If he fails to comply with this obligation, notice is given to the Magistrate who can compel him to appear by the public force. The witness who does not appear shall be liable to the fine provided for in section 434-15-1 of the Criminal Code. »
The fourth paragraph of Article 143-1 of the Code of Criminal Procedure is supplemented by a sentence as follows:
"Pre-trial detention may also be ordered or extended in respect of a person being examined for an offence under Book III of the Criminal Code and punished by a penalty of three years or more if, in the preceding six months, that person has already been subjected to an offence punishable by a penalty of more than or less than two years' imprisonment and in a procedure whose copy is attached to the record of the information-2, »
The first paragraph of Article 145-5 of the Code of Criminal Procedure is as follows:
"The pre-trial detention of a person making known, during interrogation by the examining magistrate prior to the referral of the judge of freedoms and detention, that he or she exercises exclusive parental authority over a minor of not more than sixteen years of age with his or her residence may not be ordered without one of the services or one of the persons referred to in the seventh paragraph of section 81 having been pre-empted to seek and avoid any health measures »
Article 173-1 of the Code of Criminal Procedure is amended as follows:
1° The first paragraph is supplemented by a sentence as follows:
"The same is true of the means taken of the nullity of the acts performed before each subsequent interrogation. » ;
2° The second paragraph is supplemented by the words: "and its subsequent hearings".
I. - Article 380-2 of the Code of Criminal Procedure is supplemented by a paragraph thus written:
"The Attorney General can also appeal to acquittal orders. »
II. - Article 380-12 of the same code is supplemented by a paragraph as follows:
"When the appeal is filed by the Attorney General and the seat of the court of appeal is not the seat of the court of appeal, the notice of appeal, signed by the Attorney General, shall be sent forthwith, in original or in copy, to the office of the court of siege; it is transcribed on the register provided for in the preceding paragraph and annexed to the act prepared by the clerk. »
III. - In the last paragraph of section 380-13 of the same code, the reference: "380-11" is replaced by the reference: "380-12".
Article 306 of the Code of Criminal Procedure is supplemented by a paragraph to read:
"The provisions of this article shall apply to the court of juveniles if the person prosecuted, a minor at the time of the facts, became a major on the day of the commencement of the proceedings and makes the request, except where there is another accused who is still a minor at the time of the proceedings and who became a minor at the time of the proceedings, is opposed to that request. »
Article 400 of the Code of Criminal Procedure is supplemented by a paragraph to read:
"The provisions of this section shall apply to the Children's Court if the person prosecuted, a minor at the time of the proceedings, has become a major one on the day of the proceedings and makes the request, unless there is another defendant who is still a minor or who, a minor at the time of the proceedings and becomes a major one on the day of the hearing, opposes this request. »
After the first sentence of the first paragraph of Article 626-3 of the Code of Criminal Procedure, a sentence is inserted as follows:
"Seven alternate judges are appointed under the same conditions. »
This Act is applicable in New Caledonia, French Polynesia and the Wallis and Futuna Islands.
This law will be enforced as a law of the State.
National Assembly:
Bill, amended by the Senate, No. 3586;
Report of Mr. Julien Dray, on behalf of the Joint Parity Commission, No. 3607.
Senate:
Report of Mr. Jean-Pierre Schosteck, on behalf of the Joint Parity Commission, No. 233 (2001-2002);
National Assembly:
Bill, amended by the Senate, No. 3586;
Report of Mr. Julien Dray, on behalf of the Law Commission, No. 3608;
Discussion and adoption on 14 February 2002.
Senate:
Proposal for a law, adopted by the National Assembly on a new reading, No. 236 (2001-2002);
Report of Mr. Jean-Pierre Schosteck on behalf of the Law Commission, No. 245 (2001-2002);
Discussion and adoption on 20 February 2002.
National Assembly:
Bill, amended by the Senate in new reading, No. 3646;
Report of Mr. Julien Dray, on behalf of the Law Commission, No. 3647;
Discussion and adoption on February 21, 2002.
Done in Paris, March 4, 2002.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Lionel Jospin
The Seal Guard, Minister of Justice,
Marylise Lebranchu
The Minister of the Interior,
Daniel Vaillant
Minister of Defence,
Alain Richard
(1) Preparatory work: Act No. 2002-307.
National Assembly:
Bill No. 3530;
Report of Mr. Julien Dray, on behalf of the Law Commission, No. 3539;
Discussion on 22 and 23 January 2002 and adoption, after an emergency statement, on 29 January 2002.
Senate:
Bill adopted by the National Assembly, No. 194 (2001-2002)
Report of Mr. Jean-Pierre Schosteck on behalf of the Law Commission, No. 208 (2001-2002);
Discussion and adoption on 7 February 2002.
