Key Benefits:
The Prime Minister,
On the report of the Seal Guard, Minister of Justice,
Considering the Code of Criminal Procedure, including its articles 555-1, 557, 558 and 559-1 ;
Vu la Act No. 2008-644 of 1 July 2008 creating new rights for victims and improving the enforcement of sentences;
Vu le Decree No. 2007-1605 of 13 November 2007 establishing the judge delegated to the victims,
Decrete:
Article D. 47 of the Code of Criminal Procedure (Part III: Decrees) becomes Article D. 46-1 and the following provisions shall be inserted after Article D. 46-1:
« LIVRE DEUXIÈME
"JournalMENT LEGALS
"TITRES I à III"
« None. »
« TITRE IV
“CITATIONS AND SIGNIFICATIONS
"Art.D. 46-2.-For the purposes of the provisions of section 555-1, the notification made to a person held by the head of the penitentiary establishment and who is of significance may be made by any officer placed under his authority and designated by him for that purpose.
"Art.D. 46-3.-In accordance with the provisions of section 557, when the bailiff handed over the copy of the operation to a person residing in the person's home, he shall address the person to:
« 1° Either a recommended letter with a request for a notice of receipt;
« 2° A simple letter accompanied by a receipt to be resented or deposited in the study of bailiffs.
"Art.D. 46-4.-The terms and conditions for the implementation of the meaning to be considered by judicial officer provided for in section 558 are specified in this section.
"The judicial officer may, at the request of the consignee, transmit the copy of the operation to another study where it may withdraw it under the same conditions. The reference to this faculty is included in the recommended letter with a request for notice of receipt, a simple letter or notice of passage provided for in paragraphs 2 and 4 of 558.
"The notice of passage provided for in the fourth paragraph of section 558 must be dated and indicates that the copy of the exploit served in the justice study must be withdrawn as soon as possible, against receipt or demarcation, by the person concerned or by any person specially mandated. If the exploit is a meaning of judgment rendered by iterative default, the notice of passage mentions the nature of the act served and the time limit of appeal.
"There is meaning to no one if the interested person presents himself to the study to remove the copy of the exploit, even without having signed the notice of receipt of the recommended letter or without having returned the receipt.
"The copy of the operation is kept under study for three months. After this period, the judicial officer is discharged.
"Art.D. 46-5.-The provisions of the second paragraph of Article 559-1 allowing the Attorney General of the Republic to extend the period of service of a decision up to three months are also applicable to the meanings issued at the request of the Attorney General or the civil party.
"The Public Prosecutor's Office and the Civil Party may provide for this three-month period in their initial request. They may also extend the period up to three months when the bailiff informs them that he was unable to perform the service within the initial forty-five days.
"These deadlines run from the receipt by the bailiff of the request of the public prosecutor or the civil party.
"Art.D. 46-6.-In the case provided for in section 559-1, the bailiff who finds that he was unable to perform his or her diligence at the expiry of the forty-five-day period or in the request of the Public Prosecutor's Office or the civil party must inform the public prosecutor or the civil party as soon as possible, and no later than five working days after the expiry of that period.
"In the absence of an extension of the time limit in accordance with the provisions of section D. 46-5, the bailiff shall return the exploit accompanied by the minutes referring to the diligence he has performed to render the service to the person of his recipient and the circumstances characterizing the impossibility of such service.
"Art.D. 46-7.-The service shall remain regular even if it has been completed after the expiry of the period of forty-five days provided for in section 559-1 or the three-month period established by the Public Prosecutor's Office or the Civil Party. »
After Article D. 52 of the Code of Criminal Procedure, an article is inserted as follows:
"Art.D. 52-1. - In cases where, under the provisions of this Code, it is provided that requests for acts or measures relevant to the instruction, requests for release, requests for cancellation, appeals, appeals or objections may be filed by the inmates by means of statements to the Chief of Corrections, such statements may also be filed with any officer under his authority and designated for the purpose of transmitting them.
"These statements are found, dated and signed by the designated official. They are also signed by the detained person; If the staff member cannot sign, the staff member shall mention it.
"These documents are sent without delay, in original or in copy and by any means to the judicial authority to which they are destined.
"The provisions of this Article shall also apply to notifications to which the superintendent is required, under the provisions of this Code, to be made with detainees. »
After Article 3 of Decree No. 2007-1605 of 13 November 2007 establishing the Judge Delegate for Victims, an article 3 bis is inserted as follows:
"Art. 3 bis. - The provisions of this Decree shall apply throughout the territory of the Republic. »
The provisions of this Decree shall apply throughout the territory of the Republic.
The security guard, Minister of Justice, is responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done in Paris, December 30, 2008.
François Fillon
By the Prime Minister:
The Seal Guard, Minister of Justice,
Rachida Dati
