Key Benefits:
The National Assembly and the Senate adopted,
Vu Constitutional Council decision No. 2011-625 DC of 10 March 2011 ;
The President of the Republic enacts the following legislation:
The attached report on the objectives and means of internal security to 2013 is approved.
After Article 226-4 of the Criminal Code, an article 226-4-1 is inserted as follows:
"Art. 226-4-1.-The act of usurping the identity of a third party or of making use of one or more data of any nature that would enable it to be identified in order to disturb its tranquility or that of others, or to impair its honour or consideration, is punishable by one year's imprisonment and 15 000 €'s fine.
"This offence is punishable by the same penalties when committed on an online public communication network. »
I. ― After Article L. 163-4-1 of the monetary and financial code, an article L. 163-4-2 is inserted as follows:
"Art.L. 163-4-2.-The penalties incurred are ten years' imprisonment and one million euros' fine when the offences under articles L. 163-3, L. 163-4 and L. 163-4-1 are committed in organized bands. »
II. ― The intellectual property code is amended as follows:
1° In the second sentence of the first paragraph of Article L. 521-10, in the second sentence of 1 of Article L. 615-14 and in the last paragraph of Article L. 716-9, after the words: "in organized band or", are inserted the words: "on an online communication network or";
2° In the second sentence of Article L. 623-32 and in the last paragraph of Article L. 716-10, after the words: "in organized band" are inserted the words "or on a network of communication to the public online".
I. ― Section 6 of Act No. 2004-575 of 21 June 2004 for confidence in the digital economy is amended as follows:
1° After the fourth paragraph of 7 of I, two sub-items are inserted:
"When the necessity of combating the dissemination of images or representations of minors under section 227-23 of the Criminal Code warrants this, the administrative authority shall notify the persons mentioned in 1 of this I of the electronic addresses of the online communication services which contravene the provisions of this article, to which such persons must prevent access without delay.
"A decree sets out the terms and conditions for the application of the preceding paragraph, in particular those that are compensated, if any, the incremental costs resulting from the obligations assumed by the operators. » ;
2° In the last paragraph of the same 7 and the first paragraph of the 1st paragraph of the VI, the words "and fifth" are replaced by the words ", fifth and seventh".
II. ― I shall enter into force six months from the publication of the decree set out in the sixth paragraph of Article 6, paragraph I, of Act No. 2004-575 of 21 June 2004 for confidence in the digital economy and, at the latest, on the expiration of one year from the publication of this Act.
In the first paragraph of Article 227-24 of the Criminal Code, after the word "human", the words are inserted: "or to incite minors to play games that put them physically in danger."
I. ― Article 16-11 of the Civil Code is amended as follows:
1° The first paragraph is replaced by four subparagraphs as follows:
"The identification of a person by his genetic fingerprints can only be sought:
« 1° As part of investigative or investigative measures initiated in a judicial process;
« 2° For medical or scientific research purposes;
« 3° For the purpose of establishing, when unknown, the identity of deceased persons. » ;
2° Two subparagraphs are added:
"When the search for identity referred to in the 3rd relates to either a member who died in connection with an operation conducted by the armed forces or the related formations, either a victim of natural disaster, or a person who is the subject of research under section 26 of Act No. 95-73 of January 21, 1995 on security orientation and programming and whose death is assumed, to collect the traces of that person Sampling for the same purposes on the assumed ascendants, descendants or collateral of that person may also be carried out. The express consent of each individual concerned is then collected in writing prior to the completion of the sample, after the person has been duly informed of the nature of the sample, its purpose, and the revocable nature of its consent at any time. Consent refers to the purpose of sampling and identification.
"The modalities for the implementation of the identification research mentioned in the 3rd of this article are specified by decree in the Council of State. »
II. ― The second paragraph of article 87 of the same code is supplemented by a sentence as follows:
"The Civil Registry Officer shall promptly inform the Public Prosecutor of the death, so that he may take the necessary requisitions to establish the identity of the deceased. »
Article L. 2223-42 of the General Code of Territorial Communities is supplemented by a paragraph to read as follows:
"In addition, if at the time of the death certificate referred to in theArticle 87 of the Civil Code the identity of the deceased could not be established, the authorization to close the coffin can only be issued after execution, within a time limit consistent with the time limits governing burial and cremation, of requisitions, if any, by the public prosecutor for the purpose of carrying out the necessary findings and operations to establish the identity of the deceased. »
The Penal Code is thus amended:
1° Article 226-27 is as follows:
"Art. 226-27.-The act of proceeding, without having obtained the consent of the person under the conditions prescribed by theArticle 16-11 of the Civil Code, its identification by its genetic fingerprints for medical or scientific research purposes or the removal of its biological traces as an ascendant, descendant or collateral for the purposes of the establishment, by its genetic fingerprints, of the identity of a person mentioned in the 3rd of the same article, is punishable by one year's imprisonment and 15,000 € of fine. » ;
2° The first paragraph of section 226-28 is amended as follows:
(a) The words: "when it is not a deceased member in the course of an operation conducted by the armed forces or related trainings, for purposes that would not be medical or scientific or outside an investigation or instruction conducted in a judicial proceeding or" are replaced by the words: "without the cases provided for in a judicial proceeding or"Article 16-11 of the Civil Code or outside of an investigation or instruction initiated in a proceeding;
(b) The amount: " €1,500" is replaced by the amount: " €15,000".
The third and fourth paragraphs of Article 706-54 of the Code of Criminal Procedure are replaced by four paragraphs:
"The judicial police officers may also, on their own motion or at the request of the prosecutor of the Republic or the examining magistrate, make a reconciliation of the fingerprint of any person against whom there is one or more plausible grounds to suspect that they have committed one of the offences referred to in section 706-55 with the data included in the file, but this mark may not be retained.
"The file provided for in this article also contains the genetic fingerprints collected on occasion:
« 1° Procedures for the search for the causes of death or for the search for the causes of disappearance provided for in articles 74,74-1 and 80-4;
« 2° Research for identification, planned by theArticle 16-11 of the Civil Code, deceased persons whose identity could not be established, with the exception of the deceased soldiers during an operation conducted by the armed forces or the associated formations. However, the genetic footprints collected in this framework are the subject of a separate recording of the other genetic footprints retained in the file. They are erased on the instruction of the prosecutor of the Republic, acting either on his own or at the request of the concerned, when he is terminated the identification searches that justified their collection. Genetic fingerprints of ascendants, descendants and collateral of individuals whose identification is sought may only be retained in the file subject to the informed, express and written consent of the individuals concerned. »
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2011-625 DC of 10 March 2011. ]
I. ― The single chapter of title IV of Book I of the Code of Criminal Procedure becomes chapter I of the same title and, after section 230-5, it is added a chapter II as follows:
“Chapter II
« Judicial police files
“Section 1
« Previous files
"Art. 230-6.-In order to facilitate the identification of offences under criminal law, the collection of evidence of these offences and the search for their perpetrators, the national police and the national gendarmerie may implement automated personal data processing collected:
« 1° In the course of preliminary investigations or flogging or investigations carried out on a rogatory commission and in respect of any crime or offence as well as the offences of the fifth class punishing:
“(a) A disturbance to public safety or tranquility;
“(b) A breach of persons, property or authority of the State;
« 2° During the procedures for the search for the causes of death referred to in section 74 or for the search for the causes of an disappearance referred to in section 74-1.
"These treatments are also intended to use the information collected for statistical research purposes.
"Art. 230-7.-The treatments referred to in Article 230-6 may contain information on persons, without age limitation, against whom there are serious or concordant clues that make it likely that they were able to participate, as authors or accomplices, in the commission of the offences referred to in Article 230-6.
"They may also contain information on the victims of these offences. However, they may object to the fact that the personal data concerning them is kept in the file as soon as the author of the facts has been permanently condemned.
"They may also contain information on persons who are investigated or investigated for the causes of death referred to in section 74 or an investigation or investigation for the reasons for an disappearance referred to in section 74-1. The personal data concerning the latter are erased as soon as the investigation allowed the missing person to be found or to deviate any suspicion of a crime or offence.
"Art. 230-8.-The processing of personal data is carried out under the control of the prosecutor of the territorially competent Republic who requests that they be erased, completed or corrected, particularly in the event of judicial requalification. Correction for judicial requalification is law. The Attorney General of the Republic shall decide on the appropriate action to be taken on requests for deletion or rectification within one month. In the event of a decision to relax or make a final acquittal, the personal data concerning the persons involved are erased, unless the prosecutor of the Republic prescribes the maintenance of it for reasons related to the purpose of the file, in which case it is the subject of a mention. When the prosecutor of the Republic prescribes the maintenance of personal data relating to a person who has been granted a final acquittal or relax decision, he shall notify the person concerned. Decisions of non-court and, when motivated by a lack of charges, classification without action are the subject of a mention unless the prosecutor of the Republic orders the deletion of personal data. Other classification decisions without action are mentioned. When a decision is mentioned, the data relating to the person concerned cannot be consulted as part of the administrative investigations provided for in the administrative investigationsArticle 17-1 of Act No. 95-73 of 21 January 1995 safety orientation and programming.
"Decisions to delete or rectify the nominal information made by the public prosecutor are brought to the attention of those responsible for all automated treatments for which, subject to the rules of deletion or rectification of their own, these measures have consequences for the duration of the retention of personal data.
"The Attorney General of the Republic has direct access to the automated personal data processing referred to in section 230-6 for the performance of his duties.
"Art. 230-9.-A magistrate, who is responsible for monitoring the implementation and updating of the automated personal data processing referred to in section 230-6 and designated by the Minister of Justice, shall assist in the application of section 230-8.
"This magistrate may act as an ex officio or upon request of individuals. It has the same powers of deletion, rectification or retention of personal data in the treatments referred to in the first paragraph of this article as the prosecutor of the Republic. Where the person concerned so requests, the correction for judicial requalification is in law. It takes action on the appropriate action to be given to requests for deletion or rectification within one month.
"It has direct access to these automated treatments for the performance of its functions.
"Art. 230-10.-Specially authorized personnel of the national police and gendarmerie designated for this purpose, as well as specially authorized personnel of the State invested by the Judicial Police Allocations Act, including customs officers, may access the information, including name, in the personal data processing provided for in this section and held by each of these services. The authorization specifies the nature of the data to which it authorizes access. Access, by any mobile technical means, to the information contained in the personal data processing provided for in this section is open to only national police and gendarmerie and customs personnel.
"Access to the information referred to in the first paragraph is also open:
« 1° To prosecutors;
« 2° To the investigating magistrates, for the investigation of the offences before them.
"Art. 230-11.-A decree in the Council of State, taken after the advice of the National Commission on Informatics and Freedoms, sets out the modalities for the application of this section. In particular, it specifies the list of contraventions referred to in section 230-6, the retention period of recorded information, the terms and conditions for the empowerment of persons referred to in section 230-10, and, where applicable, the conditions under which interested persons may exercise their right of access.
“Section 2
"Serial analysis files
"Art. 230-12.-In order to collect the evidence and identify the perpetrators, through the establishment of links between individuals, events or offences, of crimes and offences of a serial nature, the national police and gendarmerie units responsible for a judicial police mission can implement, under the control of the judicial authorities, automated processing of personal data collected during the course:
« 1° Preliminary investigations or flogging or investigations carried out on a rogatory commission and any offence punishable by at least five years' imprisonment;
« 2° Procedures for the search for the causes of death under section 74 or for the search for the causes of disappearance under section 74-1.
“These treatments may record personal data of the nature of those mentioned in I of Article 8 of Law No. 78-17 of 6 January 1978 relating to computing, files and freedoms, to the strict extent necessary for the purposes of criminal research assigned to such treatments.
"Art. 230-13.-The treatments referred to in section 230-12 may contain data on persons, without age limitation:
« 1° Against which there are serious or concordant clues that make it likely that they were able to participate, as perpetrators or accomplices, in the commission of an offence mentioned in the 1st of Article 230-12; the recording of data concerning these persons may intervene, if any, after their conviction;
« 2° Against which there are substantial grounds for suspecting that they have committed or attempted to commit an offence mentioned in 1° of the same section 230-12;
« 3° Susceptible to provide information on the facts within the meaning of sections 62,78 and 101 and whose identity is cited in a procedure for an offence referred to in the 1st of section 230-12;
"4° Victims of an offence referred to in 1° of the same article 230-12;
« 5° An investigation or investigation into the causes of death under section 74 or an investigation or investigation into the causes of disappearance under section 74-1.
"Art. 230-14.-Sections 230-8 and 230-9 apply to treatments referred to in section 230-12.
"Art. 230-15.-Personal data concerning persons who are the subject of a procedure for seeking the causes of death or disappearance are erased as long as the investigation has allowed the missing person to be found or to remove any suspicion of crime or offence. As soon as the author of the facts has been permanently convicted, the persons referred to in 2°, 3° and 4° of section 230-13 may request the deletion of the data recorded in the processing, unless the prosecutor of the Republic or the magistrate mentioned in section 230-9 prescribes the retention for reasons related to the purpose of the processing, in which case the reasons are mentioned.
"Art. 230-16.-Sont consignees of personal data referred to in this section:
« 1° specially authorized and individually designated personnel of the national police and gendarmerie;
« 2° The prosecutors and the investigating magistrates for the investigation of the offences before them;
« 3° Customs officers specially authorized and individually designated in connection with the investigations referred to in section 28-1.
"The empowerment specifies the nature of the data to which it authorizes access.
"Art. 230-17.- Salaries under this section may not be used for administrative purposes.
"Art. 230-18.-In application of theArticle 26 of Act No. 78-17 of 6 January 1978 referred to above, a decree in the Council of State, taken after the advice of the National Commission of Computer Science and Freedoms, sets out the modalities for the application of this section. It specifies the duration of the retention of the recorded data, the terms and conditions for the authorization of the persons mentioned in the 1st and 3rd of section 230-16 and, where applicable, the conditions under which the persons concerned may exercise their right of access indirectly, in accordance with section 41 of the said Act. »
II. ― I of Article 23 of Act No. 2003-239 of 18 March 2003 for internal security becomes Article 230-19 of the Code of Criminal Procedure. Chapter II of title IV of Book I of the same code, as it follows from the I of this article, is supplemented by a section 3 entitled "From the file of the wanted persons", including an article 230-19.
In the first sentence second and last paragraphs Article 17-1 of Act No. 95-73 of 21 January 1995 on security orientation and programming, the references: "to section 21 of Act No. 2003-239 of 18 March 2003 on internal security" and "to section 21 of Act No. 2003-239 of 18 March 2003 referred to above are replaced by the reference: "to section 230-6 of the Code of Criminal Procedure".
I. ― Sections 21 and 21-1 of Act No. 2003-239 of 18 March 2003 for internal security are repealed.
II. ― In the first paragraph of Article L. 2337-2 of the Defence Code, the reference: " Article 21 of Act No. 2003-239 of 18 March 2003 for internal security" is replaced by the reference: "Article 230-6 of the Code of Criminal Procedure".
III. ― At 1° of Article 29-1 of the Code of Criminal Procedure, the reference: Article 21 of Act No. 2003-239 of 18 March 2003 for internal security" is replaced by the reference: "Article 230-6".
Title IV of Book I of the Code of Criminal Procedure is supplemented by a chapter III, as follows:
“Chapter III
"Programs of judicial reconciliation
"Art. 230-20.-In order to facilitate the collection of evidence of offences and the identification of their perpetrators, the National Police and the National Gendarmerie responsible for a judicial police mission may implement, under the control of the judicial authority, software to facilitate the operation and reconciliation of information on the operating modes of these services during the course:
« 1° Preliminary investigations, flogging investigations or investigations carried out on a rogatory commission;
« 2° Procedures for the search for the causes of death or disappearance provided for in sections 74 and 74-1.
"Art. 230-21.-The data used by the software under this chapter can only come from documents and judicial proceedings already held by the services referred to in Article 230-20.
"When data are exploited that can indirectly reveal the identity of individuals, it can only appear once the reconciliation operations are carried out, and only for those of those data that have actually entered in harmony with each other or with other information used by the software.
"Art. 230-22.-Personal data which may be revealed by the operation of the investigations and investigations referred to in the 1st of Article 230-20 shall be deleted at the close of the investigation and, in any event, at the expiry of a three-year period [Dispositions declared non-conforming the Constitution by Constitutional Council Decision No. 2011-625 DC of 10 March 2011].
"The personal data that may be revealed by the exploitation of the investigations referred to in 2° of the same article shall be deleted as soon as the investigation has allowed the missing person to be found or to deviate any suspicion of crime or offence.
"Art. 230-23.-Without prejudice to the powers of control assigned to the National Commission of Computer Science and Freedoms by the Act No. 78-17 of 6 January 1978 referred to above, the processing of personal data is carried out under the control of the prosecutor of the competent Republic who may request that they be erased, completed or corrected, particularly in the event of judicial requalification. Correction for judicial requalification is lawful when the person concerned requests it.
"The Public Prosecutor has direct access to these software for the performance of his duties.
"Art. 230-24.-A magistrate, who is responsible for monitoring the implementation of the software under this chapter and ensuring that the data is updated, designated by the Minister of Justice, shall assist in the application of section 230-23.
"This magistrate may act as an ex officio or upon request of individuals.
"It has direct access to these software for the performance of its functions.
"Art. 230-25.-Only use the software under this chapter:
« 1° The judicial police officers referred to in section 230-20, individually designated and specially authorized, for the sole purpose of the investigations before them;
« 2° The prosecutors and the investigating magistrates for the investigation of the offences before them;
« 3° The procurator of the competent Republic, for the purpose of his control under section 230-23;
« 4° The magistrate mentioned in Article 230-24.
"The authorization referred to in the 1st of this article specifies the nature of the data to which it gives access.
"Art. 230-26.-Software under this chapter may not be used for administrative investigations or for any other purpose than that defined in section 230-20.
"Art. 230-27.-The software under this chapter can only be authorized by decree in the Council of State taken after the opinion of the National Commission of Computer Science and Freedoms. This decree specifies, among other things, the offences concerned, the terms and conditions for the supply of the software, the conditions for the empowerment of the persons mentioned in the 1st of Article 230-25 and the modalities under which the persons concerned may exercise their right of access indirectly. »
The Customs Code is amended as follows:
1° In title II, chapter IV, section 8, the words: "as part of the Schengen Agreement Implementation Convention of June 14, 1985" are deleted;
2° The first two subparagraphs of section 67 ter are replaced by a paragraph as follows:
"On the occasion of the controls that fall under their responsibilities, customs officers, when consulting the personal data processing of individuals, objects or vehicles reported to be governed by theArticle 26 of Act No. 78-17 of 6 January 1978 For the purpose of making available to a judicial police officer, a provisional deduction of persons who are notified or who are the holders of a reported object may be made for the purposes of information, files and freedoms. »
The II of Article 104 of Act No. 2008-1443 of 30 December 2008 for 2008 is thus drafted:
“II. ― The mission entrusted to the mayor of receipt and seizure of passport applications includes the collection of the photograph of the applicant's face only for municipalities equipped for this purpose on the date of January 1, 2011 and for a period defined by decree.
"Without prejudice to the preceding paragraph, photographs intended for the realization of passports, national identity cards and other secured titles are, as of the promulgation of the Law No of Guidance and Programming for the Performance of Internal Security, carried out by a photography professional under conditions prescribed by regulation. »
Subject to the provisions of this Act, in all legislation and regulations, the word "video surveillance" is replaced by the word "video protection".
Section 10 of Act No. 95-73 of 21 January 1995 on security orientation and programming is amended as follows:
1° The first paragraph of II is replaced by ten subparagraphs, as follows:
[Dispositions resulting from Constitutional Council Decision No. 2011-625 DC of 10 March 2011. ]
"The transmission and recording of images taken on the public road through video protection can be implemented by the competent public authorities to ensure:
« 1° Protection of public buildings and facilities and their surroundings;
« 2° Safeguarding facilities for national defence;
« 3° The regulation of transport flows;
« 4° The finding of traffic offences;
« 5° Prevention of violations of the security of persons and property in places particularly vulnerable to the risks of aggression, theft or trafficking of narcotics and the prevention, in areas particularly exposed to such offences, of customs frauds provided for by the second paragraph of Article 414 of the Customs Code and the offences provided for in Article 415 of the same Code relating to funds from these same offences;
« 6° Prevention of acts of terrorism;
« 7° Prevention of natural or technological risks;
« 8° Relief to people and fire defence;
« 9° The safety of public facilities in amusement parks.
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2011-625 DC of 10 March 2011.]
2° The III is thus amended:
(a) The first paragraph is supplemented by two sentences as follows:
"When the system has cameras installed in the territory of several departments, the authorization is issued by the representative of the State in the department in which the applicant's head office is located and, when this seat is located in Paris, by the police prefect, after notice of the competent departmental video protection commission. State officials in the departments in which cameras are installed are informed. » ;
(b) [Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2011-625 DC of 10 March 2011.];
(c) [Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2011-625 DC of 10 March 2011.];
(d) In the first and third sentences of the third paragraph, after the word "national", the words "as well as customs and fire and rescue services" are inserted;
(e) In the fourth paragraph, after the words: "Departmental Order", the words are inserted: "after the opinion of the National Commission of Video Protection";
(f) After the same preambular paragraph, a subparagraph shall read:
"Only authorized by the National Commission on Informatics and Freedoms, pursuant to the Act No. 78-17 of 6 January 1978 referred to above, systems installed on the public track or in places open to the public whose records are used in automated treatments or contained in structured files according to criteria to identify, directly or indirectly, natural persons. » ;
(g) The penultimate paragraph shall be replaced by ten subparagraphs as follows:
"The departmental commission provided for in the first paragraph of this III may at any time exercise, except in the case of national defence, control over the operating conditions of video protection systems that meet the conditions set out in II. It makes recommendations, if any, and proposes the suspension or deletion of unauthorized devices, not in accordance with their authorization or of which it is made an abnormal use. She informs the mayor of the municipality concerned of this proposal.
"The National Commission on Informatics and Freedoms may, upon request of the departmental commission provided for in the first paragraph of this III, exercise control over the person responsible for a system or its own initiative to ensure that the system is used in accordance with its authorization and, according to the legal regime under which the system falls, to the provisions of this Act or to those of Act No. 78-17 of 6 January 1978 referred to above. When the National Commission on Informatics and Freedoms finds a breach of the provisions of this Act, it may, after having put in place the person responsible for the system to comply within a time limit fixed by it, request the representative of the State in the department and, in Paris, the prefect of the police, to order the suspension or removal of the video protection system. She informs the mayor of the municipality concerned of this request.
"The members of the National Commission on Informatics and Freedoms, the agents of its services authorized under the conditions defined in the last paragraph of Article 19 of Act No. 78-17 of 6 January 1978 referred to above, as well as the members of the departmental commissions of video protection shall have access from six hours to twenty hours, for the exercise of their missions, to the places, premises, enclosures, facilities or facilities used for the implementation of a video protection system The prosecutor of the territorially competent Republic is previously informed of this.
"The person responsible for private professional premises is informed of his right of opposition to the visit. When exercising this right, the visit may take place only after the authorization of the judge of freedoms and the detention of the court of large instance in the jurisdiction of which the premises to be visited are located which decides in conditions fixed by decree in the Council of State. However, where the urgency, seriousness of the facts at the origin of the control or the risk of destruction or concealment of documents warrants it, the visit may take place without the person responsible for the premises being informed of it, upon prior authorization of the judge of freedoms and detention. In this case, the person in charge of the premises cannot oppose the visit.
"The visit is carried out under the authority and control of the judge of freedoms and detention who authorized it, in the presence of the occupant of the premises or his representative who may be assisted by counsel of his choice or, if not, in the presence of two witnesses who are not placed under the authority of the persons responsible for the control.
"The order that authorized the visit is enforceable only in the minute. It states that the judge who authorized the visit may be seized at any time of a request for a suspension or a stop to the visit. It indicates the deadline and the remedy. It may be the subject of an appeal before the first president of the Court of Appeal, according to the rules set out in the Civil Procedure Code. It also has recourse against the conduct of visits.
"The persons referred to in the eleventh paragraph of this III may request the communication of any documents necessary for the fulfilment of their mission, regardless of the support, and take a copy thereof; they may collect, on site or on summons, any relevant information and justification; they can access computer programs and data, as well as ask for a transcript by any appropriate processing in documents directly usable for the purposes of the control.
"They may, at the request of the chair of the commission, be assisted by experts designated by the authority of which they depend.
"It is adversarially prepared verbatim records of the audits and visits conducted under this article.
"A la demande de la commission départementale prévue au premier alinéa du présent III, de la Commission nationale de l'informatique et des libertés ou de sa propre initiative, le représentant de l'État dans le département et, à Paris, le préfet de police peuvent clôture pour une durée de trois mois, après mise en rest non suivie d'efs dans le délai qu'elle fixes, un establishment ouvert au public dans laquelle est maintien un système de vidéoprotection sans autorisation. When, after the three-month period, the institution did not request the regularization of its system, the administrative authority may enjoin it to disassemble the system. If it is not followed by this injunction, a new three-month closure measure may be pronounced. » ;
(h) The last paragraph is as follows:
"The authorizations mentioned in this III and issued before 1 January 2000 expire on 24 January 2012. Those issued between 1 January 2000 and 31 December 2002 expire 24 January 2013. Those issued between 1 January 2003 and 24 January 2006 expire on 24 January 2014. » ;
3° The III bis is thus amended:
(a) After the first preambular paragraph, a sub-item reads as follows:
"The same faculty is open to the representative of the State in the department or, in Paris, to the police prefect, informed of the imminent holding of a large-scale demonstration or gathering with special risks to the security of persons and property. The authorization to install the device ceases to be valid as soon as the demonstration or gathering has ended. » ;
(b) At the beginning of the second paragraph, the words are added: "Except in cases where large-scale demonstrations or rallies mentioned in the second paragraph have already ended,"
4° The IV is supplemented by a sub-item:
"The authorization may provide for a minimum time limit for record retention. » ;
5° The second paragraph of the V is as follows:
"Every interested person may refer to the departmental commission referred to in the III or the National Commission for Computer Science and Freedoms of any difficulty in the operation of a video protection system. » ;
6° In VI, after the word "departmental", are inserted the words: "or the National Commission of Computer Science and Freedoms";
7° In VI bis, after the word: "iberties" are inserted the words: "and the National Commission of Video Protection";
8° In the first sentence of the VII, after the words "state" are inserted the words: ", after the opinion of the National Commission of Video Protection,".
The National Commission on Video Protection reports annually to Parliament a public report reporting on its advisory and evaluation activity on the effectiveness of video protection and including recommendations to the Minister of Interior regarding the technical characteristics, operation or use of video protection systems.
After itArticle 11-7 of Act No. 83-629 of 12 July 1983 regulating private security activities, an article 11-8 is inserted as follows:
"Art. 11-8. - Video protection activities carried out under the III of Article 10 of Law No. 95-73 of 21 January 1995 of guidance and programming relating to security by private operators acting on behalf of the public authority or the licensed legal person shall be subject to the provisions of this heading I, with the exception of sections 3 to 3-2 and 10. »
Article 10-1 of Act No. 95-73 of 21 January 1995 is amended as follows:
1° In the second paragraph of II, the words "fourth and fifth" are replaced by the words "last two" and the words "third, fourth and sixth" are replaced by the words "fifth, sixth and ninth to eighteenth";
2° The first paragraph of the III is supplemented by two sentences as follows:
"The same faculty is open to the representative of the State in the department or, in Paris, to the police prefect, informed of the imminent holding of a large-scale demonstration or gathering with special risks to the security of persons and property. The installation requirement of the device ceases to be valid as soon as the demonstration or gathering has ended. » ;
3° At the beginning of the second paragraph of the III, the words are added: "Except in cases where large-scale demonstrations or rallies mentioned in the preceding paragraph have already ended."
Article 10-1 of Act No. 95-73 of 21 January 1995 is supplemented by the following VI and VII:
"VI. ― For the purpose of preventing acts of terrorism, protecting the surroundings of the establishments, facilities or works mentioned in the Articles L. 1332-1 and L. 1332-2 of the Defence Code or protection of the fundamental interests of the Nation, the representative of the State in the department or, in Paris, the prefect of police, may request a municipality to implement video protection systems. The municipal council must deliberate within three months.
"The financing conditions for the operation and maintenance of the video protection system are the subject of a convention concluded between the municipality of its place of operation and the representative of the State in the department and, in Paris, the police prefect.
"The II and III are applicable.
« VII. ― VI of this article is applicable to public intercommunal cooperation institutions that have decided to applyArticle L. 5211-60 of the General Code of Territorial Communities. »
I. ― After Article L. 126-1 of the Construction and Housing Code, an article L. 126-1-1 is inserted as follows:
"Art.L. 126-1-1.-The transmission to the services responsible for maintaining the order of images carried out for the protection of the common parts of collective buildings for use in housing in circumstances that cause the imminent commission of a serious infringement of property or persons is authorized by a majority of co-owners under the conditions fixed to theArticle 25 of Act No. 65-557 of 10 July 1965 establishing the status of co-ownership of built buildings and, in social buildings, the manager. The images that may be transmitted should not concern the entry of private dwellings or the public highway.
"This transmission is carried out in real time and is strictly limited to the time required for the intervention of the national police or gendarmerie services or, where applicable, municipal police officers.
"A previously concluded agreement between the manager of the building and the representative of the state in the department specifies the conditions and modalities of the transfer. This convention provides information by display on site of the existence of the image capture system and the possibility of their transmission to the security forces.
"When the purpose of the agreement is to allow the transmission of images to municipal police services, it is also signed by the mayor.
"This convention is transmitted to the departmental video protection commission mentioned to theArticle 10 of Act No. 95-73 of 21 January 1995 guidance and programming on security that appreciates the relevance of the guarantees provided and, where appropriate, requests the strengthening of the representative of the State in the department.
"Systems used in automated treatments or contained in structured files are not subject to this article according to criteria to identify, directly or indirectly, natural persons, who are subject to Act No. 78-17 of 6 January 1978 related to computing, files and freedoms. »
II. ―Article 25 of Act No. 65-557 of 10 July 1965 referred to above is completed by a p as follows:
“p) Authorization to transmit to the law enforcement agencies the images made for the protection of the common parts, under the conditions provided for in Article L. 126-1-1 of the Construction and Housing Code. »
After Article 10-1 of Act No. 95-73 of 21 January 1995 referred to above, an article 10-2 is inserted as follows:
"Art. 10-2.-The National Commission for Video Protection carries out a mission to advise and evaluate the effectiveness of video protection. It issues recommendations to the Minister of the Interior regarding the technical characteristics, operation or use of video protection systems.
"It may be seized by the Minister of the Interior, a member of Parliament, a senator or a departmental video protection committee of any video protection issue.
"It can also seize on its own any difficulty in the operation of a video protection system or any situation that may constitute a breach.
“The National Commission for Video Protection is composed of:
« 1° Representatives of public and private individuals authorized to implement a video protection system;
« 2° Representatives of the authorities responsible for monitoring the systems implemented;
« 3° A member of the National Commission of Computer Science and Freedoms;
« 4° Two deputies and two senators to ensure a pluralistic representation;
« 5 Qualified personalities, including at least one judge of the seat and a prosecutor appointed by the first president of the Court of Cassation.
"The membership of the commission is incompatible with the detention of a direct or indirect interest in a company engaged in video protection activities.
"A decree in the Council of State specifies the composition and sets out the modalities of the organization and operation of the commission. »
I. ― After the second paragraph of Article L. 6342-2 of the Transport Code, three paragraphs are inserted:
"These searches and visits may be carried out, with the consent of the person, using an imaging device using millimetric waves under the conditions referred to in the preceding paragraph. In case of refusal, the person is subject to another control device.
"An analysis of visualized images is carried out by operators who do not know the identity of the person and cannot simultaneously visualize the person and its image produced by the body scanner. The image produced by the millimetric scanner must include a system that blurs the visualization of the face. No storage or recording of images is allowed.
"A joint decision of the Minister for Civil Aviation and the Minister of the Interior determines the airports in which the use of imaging device control using millimetric waves is permitted. »
II. – The third to fifth paragraphs of section L. 6342-2 of the Transportation Code are applicable for a period of three years from the promulgation of this Act.
After Article L. 1332-2 of the Defence Code, an article L. 1332-2-1 is inserted as follows:
"Art.L. 1332-2-1.-Access to all or part of the establishments, facilities and works designated under this chapter is authorized by the operator who may request the opinion of the competent administrative authority in the conditions and in the manner defined by decree in the Council of State.
"The notice is rendered as a result of an administrative investigation that may result in the consultation of Bulletin No. 2 of the Judicial Records and Automated Personal Data Processes under theArticle 26 of Act No. 78-17 of 6 January 1978 related to computers, files and freedoms, except identification files.
"The person concerned is informed of the administrative investigation that it is the subject of. »
I. ― Book III of Part II of the Defence Code is supplemented by a title VII as follows:
“ITTRE VII
« THE INFORMATION
« Single Chapter
"Art.L. 2371-1.-For the exercise of a defence and national security mission, officers of the specialized intelligence services may, under the authority of the officer responsible for supervising or coordinating the mission, use an identity of borrowing or false quality.
"In this case, the agents mentioned in the first paragraph are not criminally responsible for this use, nor are they required for the sole purpose of establishing or permitting the use of the identity of borrowing or false quality. Articles 50 to 52 of the Civil Code are not applicable to these persons.
"The specialized intelligence services referred to in the first paragraph of this section shall be designated by order of the Prime Minister among the services referred to inarticle 6 noies of Order No. 58-1100 of 17 November 1958 on the functioning of parliamentary assemblies. »
II. ― Chapter III of Book IV title I of the Criminal Code is supplemented by section 3 as follows:
“Section 3
"Disappearances to specialized services
intelligence
"Art. 413-13. -The disclosure of any information that could lead, directly or indirectly, to the discovery of the use, pursuant to Article L. 2371-1 of the code of defence, of an identity of borrowing or of a false quality, of the real identity of an agent of the specialized intelligence services mentioned in thearticle 6 noies of Order No. 58-1100 of 17 November 1958 relating to the functioning of parliamentary assemblies or its membership in one of these services is punishable by five years imprisonment and 75,000 € fine.
"When this revelation has caused an impairment of physical or mental integrity against these persons or their spouse or partner bound by a civil pact of solidarity or their descendants or direct ascendants, the penalties are increased to seven years' imprisonment and to 100,000 €' fine.
"When this revelation caused the death of these persons or their spouse or partner bound by a civil covenant of solidarity or their descendants or direct ascendants, the penalties are increased to ten years' imprisonment and to 150,000 €, without prejudice, if any, to the application of Chapter I of Book II.
"The disclosure, committed by imprudence or negligence, by a custodial person either by state or profession, or by virtue of a temporary or permanent function or mission, of the information referred to in the first paragraph is punishable by three years' imprisonment and a fine of 45,000 €.
"This section is applicable to the disclosure of any information that could lead, directly or indirectly, to the actual or assumed identification of a person as a source or collaborator of a specialized intelligence service. »
III. ― After Title IV of Book IV of the Code of Criminal Procedure, a title IV bis is inserted as follows:
« TITRE IV BIS
"WHERE AGAINST THE PROPOSALS OF PERSONNELS OF SPECIALIZED SERVICES
"Art. 656-1.-When the testimony of an intelligence officer referred to inarticle 6 noies of Order No. 58-1100 of 17 November 1958 the functioning of the parliamentary assemblies is required during a judicial procedure on the facts of which he would have known during a mission of defence and national security, his actual identity must never appear during the judicial proceedings.
"Where applicable, its membership in one of these services and the reality of its mission are attested by its hierarchical authority.
"The questions asked must not be the object or effect of revealing, directly or indirectly, the true identity of the agent. Hearings are received under conditions allowing the guarantee of his anonymity.
"If a confrontation is to be made between a person being examined or appearing before the court of judgment and an officer referred to in the first paragraph because of the evidence to be dependant on the personal findings of that officer, the confrontation shall be carried out under the conditions laid down in article 706-61.
"No conviction may be imposed on the sole basis of the statements made under the conditions laid down in this article. »
Part II of Article 7 of Law No. 2006-64 of 23 January 2006 on the fight against terrorism and on various provisions relating to security and border controls is supplemented by a paragraph that reads as follows:
“—the intelligence services of the Ministry of Defence for the sole purpose of preventing acts of terrorism. »
Aunt first paragraph of Article 5 of Act No. 83-629 of 12 July 1983 regulating private security activities, the words "or manage" are replaced by the words ", manage or be the partner of".
In the first paragraph of section 22 of Act No. 83-629 of 12 July 1983 referred to above, the words "or manage" are replaced by the words ", manage or be the associate of".
I. ― Act No. 83-629 of 12 July 1983 is amended as follows:
1° After Article 33, a title II bis is inserted as follows:
« TITRE II BIS
« DU CONSEIL NATIONAL
PRIVATE SECURITY ACTIVITIES
"Art. 33-1.- shall be subject to the provisions of this Title, provided that they are not carried out by an administrative public service, the activities referred to in Titles I and II carried out by natural or legal persons, acting on behalf of a third party or on their own behalf.
"Art. 33-2.-The National Council for Private Security Activities, a legal entity of public law, shall:
« 1° An administrative police mission. It shall issue, suspend or withdraw the various approvals, authorizations and professional cards provided for in this Act;
« 2° Disciplinary mission. It ensures discipline of the profession and prepares a code of professional ethics approved by decree in the Council of State. This code applies to all the activities listed in headings I and II;
« 3° From an advisory and professional assistance mission.
"The National Council of Private Security Activities shall give the Minister of the Interior an annual report in which his or her activity is assessed. It may issue opinions and make proposals regarding the private security professions and public policies that apply to them. Any proposal regarding the working conditions of private security officers is pre-considered with the trade union organizations of employees and employers.
"Art. 33-3.-The National Council for Private Security Activities is administered by a college composed of:
" ― representatives of the State, judicial officials and members of administrative courts;
“– people from private security activities mentioned in Titles I and II;
“– qualified personalities.
"The distribution of seats, which ensures a majority to the representatives of the State, the judiciary and the members of the administrative courts, as well as the mode of designation of the members are determined by a decree in the Council of State.
"The president of the college is elected by the members of this college. It has a predominant voice in case of sharing. It represents the National Council for Private Security Activities.
"The college includes specialized training, the National Accreditation and Control Commission. It is composed, for at least three quarters of its members, representatives of the State, judicial officers and members of administrative courts. It shall elect its President from among the members mentioned in the second paragraph of this article.
"Art. 33-4.-Council funding is provided by a contribution whose rate and attitude are determined by the Financial Act.
"The College shall determine its rules of procedure that determine the terms and conditions of operation of the Board.
"Art. 33-5.-In each region, a regional accreditation and oversight commission is responsible, on behalf of the National Council for Private Security Activities:
« 1° To issue authorizations, approvals and professional cards under sections 3-2,5,6,6-1,7,11,22,23-1 and 25;
« 2° Deny, withdraw or suspend approvals, authorizations and professional cards to carry out these activities under the conditions set out in Articles 5,6,12,22,23 and 26;
« 3° Disciplinary sanctions under section 33-6.
"It is composed in the same manner as the National Accreditation and Control Commission. It elects its president among the representatives of the State, the judiciary or members of the administrative courts. His president makes the decisions that the emergency calls.
"Regional Accreditation and Control Commissions may be consolidated into interregional commissions.
"Art. 33-6.-Any breach of laws, regulations and professional and ethical obligations applicable to private security activities may result in disciplinary sanctions. The council may not be seized of facts dating back to more than three years if no action has been taken to seek, determine or punish them.
"Disciplinary sanctions for natural and legal persons carrying out the activities defined in headings I and II are, taking into account the seriousness of the facts charged: the warning, blame and prohibition of the exercise of private security activity on a temporary basis for a period not exceeding five years. In addition, legal persons and non-employed individuals may be subject to financial penalties. The amount of financial penalties must be based on the seriousness of the breaches committed and in relation to the benefits derived from the breach, without being able to exceed 3% of the non-tax revenue realized in the last fiscal year calculated over a twelve-month period. This maximum is increased to 5% in the event of a new breach of the same obligation.
"Art. 33-7.-Any litigation filed by a natural or legal person against acts taken by a regional commission of approval and control is preceded by an administrative remedy before the National Commission of Accreditation and Control, barely to be admissible from the litigation.
"Art. 33-8.-I. ― The members and officers of the National Council for Private Security Activities and members of the regional commissions shall supervise the persons carrying out the activities referred to in headings I and II. They may, for the purpose of carrying out their duties, access the premises for professional use of the employer or the order donor, excluding the premises assigned to the private home, as well as any site of intervention of the agents carrying out the activities referred to in the same titles I and II, in the presence of the occupant of the premises or his representative. The prosecutor of the territorially competent Republic is previously informed of this.
“II. ― In the event of an opposition by the person in charge of the premises or his representative, the visit may be conducted only with the permission of the judge of freedoms and detention at the seat of the court of large instance in which the premises to be visited are located.
"This magistrate is seized at the request of the President of the National Commission or the Regional Accreditation and Control Commission. It shall rule by a reasoned order, in accordance with the provisions of articles 493 to 498 of the Code of Civil Procedure. The procedure is without mandatory representation.
"The visit is conducted under the authority and control of the judge who authorized it. He may travel to the premises during the operation.At any time, he may decide whether the visit is stopped or suspended.
"The person in charge of the premises or his representative is informed of the ability to refuse this visit and that in this case it can only intervene with the permission of the judge of freedoms and detention.
"III. – Members and officers of the national and regional commissions of accreditation and control may request the communication of any documents necessary for the performance of their mission, regardless of the support, and take a copy thereof; they may collect, on site or on summons, any relevant information and justification. They may consult the unique staff register provided for in theArticle L. 1221-13 of the Labour Code. They may, at the request of the President of the National Commission or the Regional Accreditation and Control Commission, be assisted by experts designated by the authority of which they depend. It is adversarially issued a visit report pursuant to this article, a copy of which is given immediately to the company's manager.
"Art. 33-9.-The members and staff of the National Council of Private Security Activities are held in professional secrecy.
"Art. 33-10.-The National Council of Private Security Activities may recruit employees subject to the provisions of the Labour code, contracting public law officers or staff members seconded to him. The Director of the National Council for Private Security Activities is appointed by Order in Council, on the proposal of the Minister of Interior.
"Art. 33-11.-A decree in the Council of State sets out the conditions for the application of this title. » ;
2° Section 3-2 is amended as follows:
(a) In the first sentence of the first paragraph, the words: "the Prefect" are replaced twice by the words: "the Regional Accreditation and Control Committee of the National Council of Private Security Activities";
(b) The last paragraph is deleted;
3° Section 5 is amended as follows:
(a) At 1°, the words "the Community" are replaced by the words "the Union";
(b) In 4°, the reference: "Chapter V of Title II" is replaced by the reference: "Chapter III of Title V" and the words: "The Community" are replaced by the words: "the Union";
(c) At the penultimate paragraph, after the word: "consultation", the words are inserted: ", by agents of the national and regional commissions of accreditation and control of the National Council of private security activities specially authorized by the representative of the territorially competent and individually designated State";
(d) The second sentence of the last paragraph is replaced by two sentences as follows:
"In the event of an emergency, the Chair of the Regional Accreditation and Control Board may suspend the approval. In addition, the representative of the State may suspend the approval in the event of a public order requirement. » ;
4° Section 6 is amended as follows:
(a) At 2°, after the word "consultation", the words are inserted: ", by agents of the national and regional commissions of accreditation and control of the National Council of private security activities specially authorized by the representative of the territorially competent and individually designated State";
(b) After the 3°, it is inserted a 3° bis as follows:
« 3° bis For a foreign national, if he does not have a residence permit to carry out an activity on the national territory after consultation with the personal data processing under the provisions of Article D. 611-1 of the Code of Entry and Residence of Aliens and the Right of Asylum by officials of the national and regional accreditation and control commissions of the National Council of Private Security Activities specially authorized by the representative of the territorially competent State; » ;
(c) It is added a paragraph to read:
"In the event of an emergency, the president of the Regional Accreditation and Control Board may withdraw the professional card. In addition, the representative of the State may withdraw the professional card in case of necessity held in public order. » ;
5° Sections 7 and 25 are thus amended:
(a) In the first and second sentences of the first paragraph of the I, the words "of the department's prefect" are replaced by the words "of the regional commission of accreditation and control" and the words "or, in Paris, with the police prefect" are deleted;
(b) In the first paragraph of the II, the words "of the police prefect" are replaced by the words "of the regional commission for the accreditation and control of Ile-de-France";
(c) At the end of the IV, the words "of the prefect or, in Paris, to the police prefect" are replaced by the words "of the regional commission of accreditation and control";
6° Sections 9-1 and 28 are amended as follows:
(a) In the first paragraph, the words: "administrative authority" are replaced by the words: "Regional Accreditation and Control Board";
(b) In the first and second paragraphs, the words "the Community" are replaced by the words "the Union";
7° In the second sentence of the second paragraph of articles 12 and 26, after the words "administrative authority" are inserted the words "or the regional commission of approval and control";
8° The last paragraph of articles 13 and 30 is supplemented by the words: ", as well as the regional commission of approval and control";
9° After the 1° of the II of Article 14, it is inserted a 1° bis as follows:
« 1° bis subcontracting the exercise of an activity referred to in Article 1 to a company employing persons without the professional card referred to in Article 6; » ;
10° After the 1° of Article 14-1, it is inserted a 1° bis as follows:
« 1° bis To subcontract the exercise of an activity referred to in Article 1 to a company employing persons without the professional card referred to in Article 6; » ;
11° Article 17 is thus restored:
"Art. 17.- Individual companies or legal persons carrying out the activities referred to in this title justify insurance covering their professional liability, prior to their entry. » ;
12° Section 22 is amended as follows:
(a) In the first paragraph, after the word "delivered", the words "by the regional commission of approval and control" are inserted;
(b) At 1°, the words "the Community" are replaced by the words "the Union";
(c) In 4°, the reference: "Chapter V of Title II" is replaced by the reference: "Chapter III of Title V" and the words: "The Community" are replaced by the words: "the Union";
(d) At the penultimate paragraph of the article, after the word: "consultation", the words are inserted: ", by agents of the national and regional commissions of accreditation and control of the National Council of private security activities specially authorized by the representative of the territorially competent and individually designated State";
(e) The second sentence of the last paragraph is replaced by two sentences as follows:
"In the event of an emergency, the president of the Regional Accreditation and Control Board may withdraw the professional card. In addition, the representative of the State may withdraw the professional card in case of necessity held in public order. » ;
13° Section 23 is amended as follows:
(a) The 1st is repealed;
(b) After the 2°, it is inserted a 2° bis as follows:
"2° bis For a foreign national, if he does not have a residence permit to carry out an activity on the national territory after consultation of the personal data processing under the provisions of Article D. 611-1 of the Code of Entry and Residence of Aliens and the Right of Asylum by officials of the national and regional commissions of accreditation and control of the National Council of Private Security Activities specially designated by the representative of the State »
(c) At 4°, after the word "consultation", the words are inserted: ", by agents of the national and regional commissions of accreditation and control of the National Council of private security activities specially authorized by the representative of the territorially competent and individually designated State";
(d) The last paragraph is replaced by two subparagraphs:
"The respect for these conditions is attested by the detention of a professional card issued by the regional commission of accreditation and control in terms defined by decree in the Council of State. The professional card may be withdrawn when the holder ceases to meet one of the conditions set out in 2°,4° or 5°.
"In the event of an emergency, the president of the Regional Accreditation and Control Board may withdraw the professional card. In addition, the representative of the State may withdraw the professional card in case of necessity held in public order. » ;
14° After Article 23, an article 23-1 is inserted as follows:
"Art. 23-1.-I. ― Access to training in order to acquire professional fitness is subject to the issuance of a prior authorization, based on compliance with the conditions set out in 2°,4° and 5° of Article 23.
“II. ― By derogation from the same section 23, a provisional authorization to be used to participate in an activity referred to in section 20 shall be issued to the person who is not a holder of the professional card, on his or her application, in the light of the conditions set out in 2°,4° and 5° of section 23. Any natural or legal person carrying on an activity referred to in section 20 that enters into a contract of work with a person who holds that authorization shall provide the person with the right to receive training without delay in order to justify the professional fitness. The person holding the aforementioned preliminary authorization may not be assigned to a position corresponding to an activity referred to in the same section 20.
"The employee's trial period shall be extended for a period equal to that of the training period referred to in the first paragraph of this II, within the maximum of one month, if there is no specific provision of an extended collective agreement or agreement. » ;
15° After Article 30, an article 30-1 is inserted as follows:
"Art. 30-1.- Individual companies or legal persons carrying out the activities mentioned in this title justify insurance covering their professional liability, prior to their entry. » ;
16° Section 31 is amended as follows:
(a) The second is thus written:
“II. ― is punished by two years imprisonment and 30,000 € fine:
« 1° The exercise of the activity referred to in Article 20 in ignorance of Article 21;
« 2° The use of a non-professional card person referred to in section 23 for participation in the activity referred to in section 20. » ;
(b) At 1° of the III, the words: "or the declaration provided for in 1° of Article 23" are deleted;
(c) At the 3rd of the same III, the words: "the provisions of 2° to 5°" are deleted;
(d) It is added a V as follows:
"V. ― A year's imprisonment and a fine of €15,000 is imposed on the conclusion of a contract of employment as an employee of a business carrying on the activity referred to in Article 20 with a view to participating in this activity without being a holder of the professional card referred to in Article 23. » ;
17° Section 35 is amended as follows:
(a) At the beginning of the first paragraph, the words: "The provisions of title I" are replaced by the references: "The titles I, II bis and III";
(b) After the 2°, it is inserted a 2° bis as follows:
"2° bis In New Caledonia, French Polynesia and the Wallis and Futuna Islands, the regional commission of approval and control is called "local commission of approval and control";
II. ― Approvals and authorizations issued pursuant to Articles 5,7,11,22 and 25 of Act No. 83-629 of 12 July 1983 regulating private security activities, which are valid on the day of the publication of the Implementing Decree of this Article, shall remain valid, subject to the filing of an application for approval or authorization within three months of the publication. The professional cards issued pursuant to Article 6 and the approvals issued pursuant to Article 3-2 of the Act, which are valid on the day of the publication of the decree of application of this Article, shall remain valid until their expiry. Persons authorized to carry out the activity referred to in title II pursuant to section 23 of the Act, on the day of the publication of the decree of application of this section, are authorized to continue their activities, subject to the filing of a professional card application file within one year of the publication of the same Implementing Decree.
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2011-625 DC of 10 March 2011. ]
Section 9 of Act No. 2006-64 of 23 January 2006 on the fight against terrorism and on various security and border controls provisions is amended as follows:
1° In the first paragraph, after the word: "repression", the words are inserted: "infring on the independence of the Nation, the integrity of its territory, its security, the republican form of its institutions, the means of its defence and diplomacy, the preservation of its population in France and abroad and the essential elements of its scientific and economic potential and";
2° It is added a paragraph to read:
"An interdepartmental order refers to intelligence services of the Ministry of the Interior specially responsible for the prevention of violations of the independence of the Nation, the integrity of its territory, its security, the republican form of its institutions, the means of its defence and diplomacy, the safeguarding of its population in France and abroad and the essential elements of its scientific potential. »
Section 2 of Title XV of Book IV of the Code of Criminal Procedure is supplemented by an article 706-25-2 as follows:
"Art. 706-25-2.-In order to find out the offences referred to in the sixth paragraph of section 24 of the Freedom of the Press Act of 29 July 1881 and when they are committed by electronic means of communication, to gather the evidence and to search for the perpetrators, officers or judicial police officers acting during the investigation or on the rogatory commission may, if they are assigned to a specialized service designated by
« 1° Participate under a pseudonym in electronic exchanges;
« 2° To be in contact with persons who may be the perpetrators of these offences;
"3° To extract, acquire or retain evidence and data on persons liable to be the perpetrators of these offences.
“With the penalty of nullity, these acts cannot be an incentive to commit these offences. »
Section 706-95 of the same code is amended as follows:
1° In the first sentence of the first paragraph, the words "of fifteen days" are replaced by the words "of one month";
2° The last paragraph is supplemented by the words: ", in particular, verbatim records issued pursuant to sections 100-4 and 100-5".
I. ― After section 6 of chapter II of Title XXV of Book IV of the Code of Criminal Procedure, a section 6 bis is inserted as follows:
“Section 6 bis
"From the capture of computer data
"Art. 706-102-1.-Where the need for information concerning a crime or offence within the scope of section 706-73 requires it, the examining magistrate may, after the opinion of the prosecutor of the Republic, authorize by order reasoned the officers and judicial police officers committed on the rogatory commission to establish a technical device intended, without the consent of the persons concerned, to access, These operations are carried out under the authority and control of the investigating judge.
"Art. 706-102-2.-A penalty of nullity, the decisions of the investigating judge made pursuant to section 706-102-1 specify the offence that motivates the use of these operations, the exact location or detailed description of the automated data processing systems and the duration of the operations.
"Art. 706-102-3.-The decisions referred to in Article 706-102-2 shall be taken for a maximum period of four months. If the requirements of the instruction so require, the data capture operation may, on an exceptional basis and under the same form conditions, be subject to an additional four-month extension.
"The investigating judge may, at any time, order the interruption of the operation.
"Art. 706-102-4.-The operations provided for in this section shall not be subject to any other purpose except to the search for and recognition of the offences referred to in the decisions of the investigating judge.
"The fact that these transactions reveal offences other than those referred to in these decisions does not constitute a cause for nullity of the incident proceedings.
"Art. 706-102-5.-In order to establish the technical device referred to in Article 706-102-1, the examining magistrate may authorize the introduction into a vehicle or private place, including outside the hours provided for in Article 59, without the knowledge or consent of the owner or owner of the vehicle or occupant of the premises or of any person holding a right on the vehicle. If it is a place of residence and the operation must take place outside of the hours provided for in section 59, the authorization shall be issued by the judge of freedoms and detention seized for that purpose by the examining magistrate. These operations, which may have no other purpose than the establishment of the technical device, are carried out under the authority and control of the investigating judge. This paragraph is also applicable to operations with the purpose of uninstalling the technical device.
"In order to establish the technical device referred to in Article 706-102-1, the investigating judge may also authorize the transmission by an electronic communications network of that device. These operations are carried out under the authority and control of the investigating judge. This paragraph is also applicable to operations with the purpose of uninstalling the technical device.
"The installation of the technical device referred to in section 706-102-1 shall not relate to automated data processing systems in the premises referred to in sections 56-1,56-2 and 56-3 or be carried out in the vehicle, office or domicile of persons referred to in section 100-7.
"Art. 706-102-6.-The examining magistrate or the judicial police officer committed by him may require any officer qualified as a service, unit or body under the authority or guardianship of the Minister of the Interior or the Minister of Defence and whose list is fixed by order to proceed with the installation of the technical devices referred to in section 706-102-1.
"Art. 706-102-7.-The examining magistrate or the judicial police officer committed by him shall prepare a report of each of the technical device implementation operations referred to in 706-102-1 and computer data capture operations. This report mentions the date and time the operation began and the time it ended.
"The recordings of computer data are sealed.
"Art. 706-102-8.-The examining magistrate or the judicial police officer committed by him describes or transcribes, in a record that is placed on file, the data that are useful to the manifestation of the truth. No sequence relating to privacy outside the offences referred to in the decisions authorizing the measure may be retained in the record of the proceedings.
"The foreign language data is transcribed in French with the assistance of an interpreter required for this purpose.
"Art. 706-102-9.- Records of computer data are destroyed, at the diligence of the Attorney General or the Attorney General, upon the expiry of the limitation period of public action.
"It is prepared minutes of the destruction operation. »
II. ― Section 226-3 of the Penal Code is amended as follows:
1° In the first paragraph, after the words: "devices" are inserted the words: "or technical devices" and after the reference: "Article 226-1", are inserted the words: "or subject to the capture of computer data provided for in Article 706-102-1 of the Code of Criminal Procedure";
2° In the second paragraph, after the words: "a device", the words "or a technical device" are inserted and the words are added: "or subject to the capture of computer data provided for in Article 706-102-1 of the Code of Criminal Procedure when this advertisement constitutes an incentive to make fraudulent use of it".
I. ― After section 132-19-1 of the Penal Code, an article 132-19-2 is inserted as follows:
"Art. 132-19-2.-For the offences provided for in sections 222-9,222-12 and 222-13, at the 3rd of section 222-14, at the 4th of section 222-14-1 and at section 222-15-1, the prison sentence may not be less than the following thresholds:
« 1° Eighteen months, if the offence is punishable by seven years of imprisonment;
« 2° Two years, if the offence is punishable by ten years' imprisonment.
"However, the court may, by a specially reasoned decision, impose a sentence below these thresholds or a sentence other than imprisonment in consideration of the circumstances of the offence, the personality of the perpetrator or the guarantees of insertion or reintegration presented by the perpetrator. »
II. [Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2011-625 DC of 10 March 2011. ]
The Penal Code is thus amended:
1° In the second sentence of the second paragraph of Article 221-3, after the word: "barbarism", the words are inserted: "or where the assassination was committed on a magistrate, a national police officer, a gendarmerie member, a staff member of the prison administration or any other custodial person of the public authority, on the occasion of the exercise or because of his duties";
2° In the second sentence of the last paragraph of Article 221-4, after the word: "barbarism", the words are inserted: "or when the murder was committed in a gang organized on a magistrate, a national police officer, a gendarmerie member, a prison staff member or any other person who is the custodian of the public authority, during the exercise or because of his duties".
Article 706-154 of the Code of Criminal Procedure reads as follows:
"Art. 706-154.-By derogation from the provisions of section 706-153, a judicial police officer may, by any means, be authorized by the prosecutor of the Republic or the investigating judge to make, at the advanced costs of the Treasury, the seizure of a sum of money paid on an account opened to an institution authorized by law to hold deposit accounts. The judge of freedoms and detention, seized by the prosecutor of the Republic, or the examining magistrate, shall decide by order on the maintenance or release of the seizure within ten days of its completion.
"The order made pursuant to the first paragraph shall be notified to the Public Prosecutor's Office, to the account holder and, if known, to third parties with rights to that account, who may file it with the board of inquiry by declaration to the court office within ten days of notification of the order. This call is not suspensive. The account holder and third parties may be heard by the board of instruction. Third parties cannot claim the availability of the proceedings.
"When the seizure relates to an amount of money paid on an account opened to an institution authorized by law to hold deposit accounts, it applies indifferently to all amounts credited to that account at the time of seizure and, where applicable, to the amount specified in the seizure decision. »
I. ― In article 723-29 of the Code of Criminal Procedure, after the word: "incurred", the words are inserted: "or of a duration greater than or equal to five years for a crime or offence committed once again in a state of legal recidivism".
II. ― In section 131-36-10 of the Criminal Code, after the words: "seven years" are inserted the words: "or, where the person has been convicted of a crime or offence committed once again in a state of legal recidivism, for a period equal to or greater than five years."
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2011-625 DC of 10 March 2011. ]
The first paragraph of Article L. 34-3 of the Post and Electronic Communications Code is supplemented by a sentence as follows:
"These terminals must be blocked within four working days from the reception by the operator concerned of the official flight declaration, transmitted by the police or gendarmerie. »
I. ― The representative of the State in the department or, in Paris, the prefect of the police may decide, in their interest, a measure to restrict the freedom to go and come of the thirteen-year-olds when, for them, to circulate or park on the public road between twenty-three hours and six hours without being accompanied by one of their parents or the holder of the parental authority, exposes them to a clear health risk The decision sets out the time limit for the measure, the specific circumstances of fact and place that motivate it and the territory on which it applies.
II. ― After the 10th of Article 15-1 of Order No. 45-174 of 2 February 1945 referred to above, it is inserted an 11th issue as follows:
"11° Prohibition for the minor to go and come on the public road between twenty-three hours and six hours without being accompanied by one of his parents or the holder of parental authority, for a maximum of three months, renewable once. »
III. – The decisions referred to in I of this article and 11° of Article 15-1 of Order No. 45-174 of 2 February 1945 Child Offenders provide for the care of the minor and his immediate return to his or her parents or legal representative. The Public Prosecutor shall be notified without delay of such surrender.
Without prejudice to the provisions of Article L. 223-2 of the Code of Social Action and Families, in the event of an emergency and when the legal representative of the minor was unable to contact or refused to welcome the child to his home, the child shall be returned to the service of social assistance to the child, which temporarily collects him, by decision of the representative of the State in the department or, in Paris, of the prefect of police,
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2011-625 DC of 10 March 2011. ]
IV. ∙ In order, where appropriate, to file with the President of the General Council pursuant to the first paragraph of Article L. 222-4-1 of the Code of Social Action and of the Families for the Implementation of a Parental Liability Contract, the representative of the State in the department or, in Paris, the police prefect is informed by the prosecutor of the Republic of the alternative measures to the prosecutions and judgments that have become final when these measures apply
The first paragraph of Article L. 2211-4 of the General Code of Territorial Communities is supplemented by a sentence as follows:
"For this purpose, it may agree with the State or other interested legal persons on the modalities necessary for the implementation of crime prevention actions. »
Article L. 2211-5 of the same code is supplemented by a paragraph as follows:
"The exchange of information is carried out in accordance with the terms and conditions set out in the rules of procedure established by the local council for security and crime prevention on the proposal of the members of the working group. »
I. ― Article L. 3221-9 of the same code is supplemented by a paragraph as follows:
"In order to exercise the jurisdiction defined by Article L. 222-4-1 of the same Code, the President of the General Council shall be informed by the Attorney General of the Republic of the alternative measures to the prosecution and judgments that have become final when these decisions relate to offences committed by minors residing in the territory of the department. »
II. ― After the first sentence of the first paragraph of Article L. 141-1 of the Code of Social Action and Families, it is inserted a sentence as follows:
"Its creation is mandatory in the communes of more than 50,000 inhabitants. »
III. ― Section L. 222-4-1 of the same code is amended as follows:
1° The second paragraph is amended to read:
(a) In the first sentence, after the words: "school institution", the words are inserted: ", care for a minor under the title of theArticle 43 of Act No. 2011-267 of 14 March 2011 orientation and programming for the performance of internal security”;
(b) After the same sentence, a sentence as follows:
"A parental responsibility contract is also proposed to the parents of a juvenile prosecuted or convicted for an offence reported by the Public Prosecutor to the President of the General Council pursuant to second paragraph of Article L. 3221-9 of the General Code of Territorial Communities and where this offence reveals a lack of parental authority. » ;
2° It is added a paragraph to read:
"When the contract could not be signed by the parents or the legal representative of the minor, the President of the General Council may also send them a reminder of their obligations as holders of the parental authority and take any measures of social assistance and action to remedy the situation. »
IV. ― In the seventh paragraph of Article L. 131-8 of the Education Code, the word "quarterly" is deleted.
The Penal Code is thus amended:
1° Section 311-4 is amended as follows:
(a) The 5th is repealed;
(b) At 6°, the words: ", by entering the places by ruse, effraction or escalation" are deleted;
2° Article 311-5 is as follows:
"Art. 311-5.-The flight is punishable by seven years of imprisonment and 100,000 € of fine:
« 1° When preceded, accompanied or followed by violence on others that have resulted in total incapacity for work for up to eight days;
« 2° When facilitated by the condition of a person whose particular vulnerability, due to age, illness, disability, physical or mental impairment or pregnancy, is apparent or known to the perpetrator;
« 3° When committed in a dwelling place or in a place used or intended for the warehouse of funds, values, goods or materials, entering the premises by ruse, break-up or escalation.
"The penalties shall be applied to ten years in prison and to 150,000 € in fine when the flight is committed in two of the circumstances set out in this section or when the flight under this section is also committed in one of the circumstances set out in section 311-4. » ;
3° At the 5th of section 311-14, the reference: "311-6" is replaced by the reference: "311-5".
Article 8 of the Code of Criminal Procedure is supplemented by a paragraph to read:
"The limitation period for public action of the offences referred to in articles 223-15-2, 311-3, 311-4, 313-1, 313-2, 314-1, 314-2, 314-3, 314-6 and 321-1 of the Criminal Code, committed against a vulnerable person because of his or her age, illness, infirmity, physical or mental impairment or pregnancy, is short as of the day the offence appears to the victim under conditions allowing the exercise of public action. »
In the first paragraph of Article 431-1 of the Criminal Code, after the word: "Manifestation" are inserted the words: "or interfere with the proceedings of a parliamentary assembly or a deliberative body of a territorial community."
Chapter I of Book IV title III of the same code is supplemented by section 7 as follows:
“Section 7
"From the distribution of money for advertising purposes
Public Service
"Art. 431-29.-The distribution on the public highway, for advertising purposes, of coins or bank notes having legal courses is punishable by six months' imprisonment and 30,000 €' fine.
"The fact that, by any means, it will be publicized, for advertising purposes, to the distribution of coins or banknotes that have legal courses is punishable by three months in prison and 15,000 € in fine.
"In the case provided for in the first paragraph, the fine may be increased to double the sums being distributed.
"Art. 431-30.-The legal persons declared criminally responsible, under the conditions provided for in section 121-2, of the offences defined in this section shall, in addition to the fine in accordance with the terms provided for in section 131-38, be liable to the notice of the decision rendered or to be disseminated by the written press or by any means of communication to the public electronically. »
I. ― Title IV of Book IV of the same Code is supplemented by a chapter VI as follows:
“Chapter VI
"The violation of the rules
occupations in public places
"Art. 446-1.-The sale on the salvage is the fact, without authorization or regular declaration, of offering, selling or exposing for the sale of the goods or of exercising any other profession in public places in violation of the regulations on the police of these places.
"The sale to the savior is punishable by six months in prison and 3,750 € in fine.
"Art. 446-2.-When the sale is accompanied by assault or threats or when it is committed in meeting, the penalty is extended to one year in prison and to 15,000 € in fine.
"Art. 446-3. - Physical persons guilty of the offences provided for in this chapter shall also be liable to the following additional penalties:
« 1° The confiscation of the thing that served or was intended to commit the offence or the thing that is the product of it;
« 2° The destruction of the thing that served or was intended to commit the offence or the thing that is the product of it.
"Art. 446-4.-The legal persons declared criminally liable, under the conditions laid down in section 121-2, of the offences defined in this chapter shall, in addition to the fine in accordance with the terms and conditions laid down in section 131-38, be liable for the penalties provided for in section 131-39.
"The prohibition referred to in 2° of section 131-39 relates to the activity in the exercise or in the exercise of which the offence was committed. »
II. ― At the 5th of Article 398-1 of the Code of Criminal Procedure, after the reference: "433-10, first paragraph", the references are inserted: "446-1,446-2".
Chapter V of Title II of Book II of the Criminal Code is thus amended:
1° After section 225-12-7, a section 2 quater is inserted as follows:
“Section 2 quater
"From the exploitation of the sale to the rescue
"Art. 225-12-8.-The exploitation of the sale to the rescue is the fact by anyone to hire, train or divert a person in order to induce him to commit one of the offences referred to in section 446-1, or to exert pressure on him to commit one of these offences or continue to do so, in order to take advantage of it in any way.
"It is considered to be the exploitation of the sale to the rescue that a person usually commits one of the offences referred to in the same section 446-1 receives.
"It is also equated to the exploitation of the sale to the rescue that the fact that it is unable to justify resources corresponding to its life train while exercising a de facto, permanent or non-permanent influence on one or more persons usually committing one of the offences referred to in article 446-1 or being in normal contact with that or those persons.
"The exploitation of the sale to the rescue is punishable by three years' imprisonment and a fine of 45,000 €.
"Art. 225-12-9.-The exploitation of the sale to the rescue is punishable by five years' imprisonment and a fine of 75,000 € when committed:
« 1° In respect of a minor;
« 2° In respect of a person whose particular vulnerability, due to age, illness, disability, physical or mental impairment or pregnancy status, is apparent or known to the perpetrator;
« 3° In respect of several persons;
« 4° In respect of a person who has been incited to commit any of the offences referred to in section 446-1 either outside the territory of the Republic or upon arrival in the territory of the Republic;
« 5° By a legitimate, natural or adoptive ascendant of the person who commits any of the offences referred to in section 446-1 or by a person who has authority over it or abuses the authority conferred upon him by his or her functions;
« 6° With the use of coercion, violence or dolosive maneuvers on the person committing one of the offences referred to in section 446-1, on his family or on a person being in normal contact with him;
« 7° By several people acting as writers or accomplices, without being an organized band.
"Art. 225-12-10.-The exploitation of the sale to the rescue is punishable by ten years' imprisonment and a fine of 1,500,000 € when committed in organized bands. » ;
2° In the first paragraph of section 225-20, the reference: "and 2 ter" is replaced by the references: ",2 ter and 2 quater";
3° In section 225-21, the reference: "and 2 ter" is replaced by the references: ",2 ter and 2 quater".
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2011-625 DC of 10 March 2011. ]
The first paragraph of Article 134 of the Code of Criminal Procedure is supplemented by a sentence as follows:
"The same is true when the officer is responsible for the arrest of a person subject to an extradition request or a European arrest warrant. »
In the first paragraph of Article 321-7 of the Penal Code, after the word "registration", the words "indicating nature, characteristics, origin, method of settlement of the object and".
At the end of first paragraph of Article 16-1 of Law No. 83-629 of 12 July 1983 regulating private security activities, the words "in supervised premises" are replaced by the words "in respect of movable or immovable property".
Article L. 2242-4 of the transport code is supplemented by a 9° as follows:
« 9° To enter without permission in the spaces assigned to the train. »
The second paragraph of section L. 2241-2 of the same code is replaced by three paragraphs as follows:
"If the offender refuses or declares that he is unable to justify his identity, the officers referred to in the first paragraph of Article 529-4 of the Code of Criminal Procedure shall promptly and by any means notify a territorially competent judicial police officer.
"During the time necessary for the information and decision of the judicial police officer, the offender is required to remain at the disposal of an officer referred to in the same first paragraph.
"On the order of the judicial police officer, officers may lead the perpetrator of the offence before him or may detain him or her from the time required upon arrival or from a judicial police officer acting under his or her control. »
The first two paragraphs of article L. 2241-6 of the same code are thus written:
"Any person who contravenes the tariff provisions or provisions whose non-observance is likely either to jeopardize the safety of persons or the regularity of traffic, or to disturb the public order may be ordered by the agents referred to in Article I of Article L. 2241-1 to descend from the railway or road transport vehicle at the first stop point following the observation of the facts or to leave without delay the spaces, public stations or stations managed by the
"In the event of a refusal to comply, officers specially designated by the operator may compel the person concerned to descend from the vehicle or to leave without delay the spaces, stations or stations and, as necessary, require the assistance of the public force. »
After the article L. 332-16 of the Sports Code, an article L. 332-16-1 is inserted as follows:
"Art.L. 332-16-1.-The Minister of the Interior may, by order, prohibit the individual or collective movement of persons taking advantage of the quality of supporting a team or acting as such on the premises of a sports event and whose presence is likely to cause serious disturbances to public order.
"The Order sets out the time limit for the measure, the specific circumstances of fact that motivate it, and the places of departure and destination to which it applies.
"The fact that the persons concerned do not comply with the order made under the first two paragraphs is punishable by six months' imprisonment and a fine of €30,000.
"In the case set out in the preceding paragraph, the provision of the complementary penalty of a stage judicial ban provided for in Article L. 332-11 for a period of one year is mandatory, unless specifically substantiated. »
After the same article L. 332-16, an article L. 332-16-2 is inserted as follows:
"Art.L. 332-16-2.-The representative of the State in the department or, in Paris, the police prefect may, by order, restrict the freedom to go and come people taking advantage of the quality of supporting a team or acting as such on the premises of a sports event and whose presence is likely to cause serious disturbances to public order.
"The Order sets out the time limit for the measure, the specific circumstances of fact and place that motivate it, and the territory on which it applies.
"The fact that the persons concerned do not comply with the order made under the first two paragraphs is punishable by six months' imprisonment and a fine of €30,000.
"In the case set out in the preceding paragraph, the provision of the complementary penalty of a stage judicial ban provided for in Article L. 332-11 for a period of one year is mandatory, unless specifically substantiated. »
The first paragraph of Article L. 332-11 of the same code is amended as follows:
1° At the end of the second sentence, the words "designated by the court" are replaced by the words "that the court designates in its decision";
2° The last sentence is as follows:
"This decision may provide that the obligation to respond to these summons applies at the time of certain sporting events, which it designates, taking place in the territory of a foreign state. »
Article L. 332-15 of the same code is as follows:
"Art.L. 332-15. -In conditions specified by decree in the Council of State, the prefect of the department or, in Paris, the prefect of the police communicates to associations and sports companies as well as to the approved sports federations the identity of persons who have been sentenced to the complementary penalty pursuant to articles L. 332-11 to L. 332-13.
"It may communicate it to the associations of supporters mentioned in Article L. 332-17.
"The identity of the persons mentioned in the first paragraph can also be communicated to the authorities of a foreign country when it hosts a sports event in which a French team participates. »
Article L. 332-16 of the same code is amended as follows:
1° In the first paragraph, after the word "sports", the word "or" is replaced by the sign "," and, after the words "one of these events" are inserted the words: ", because of its membership in an association or factual group having been dissolved under Article L. 332-18 or because of its participation in the activities that an association has been subject to suspension is subject to a dissolution"
2° The second paragraph is amended to read:
(a) At the end of the second sentence, the words: "six months" are replaced by the words: "twelve months";
(b) In the last sentence, the words: "twelve months" are replaced by the words: "twenty-four months";
3° The third paragraph is supplemented by a sentence as follows:
"The same order may also provide that the obligation to respond to these summons applies at the time of certain sports events, which it designates, taking place in the territory of a foreign state. » ;
4° The penultimate paragraph is thus amended:
(a) The words: "can communicate to registered sports federations under Article L. 131-8 and to supporter associations referred to in Article L. 332-17" are replaced by the words: "to communicate to associations and sports companies, as well as to registered sports federations";
(b) It is added a sentence as follows:
"In addition, it may communicate it to the associations of supporters mentioned in Article L. 332-17. » ;
5° After the fifth preambular paragraph, a sub-item reads as follows:
"The identity of the persons mentioned in the first paragraph can also be communicated to the authorities of a foreign country when it hosts a sports event in which a French team participates. »
Article L. 332-19 of the same code is amended as follows:
1° In the first paragraph, the words: "is punished" are replaced by the words: ", as well as participation in the activities that a suspended association of activity has been prohibited under the same article, are punished";
2° In the second paragraph, the words: "is punished" are replaced by the words: ", as well as organizing the activities that a suspended association of activity has been prohibited under the same article, are punished";
3° In the last paragraph, after the words: "at the origin of dissolution", the words "or suspension" are inserted.
The Penal Code is thus amended:
1° The 1st of Article 322-2 is repealed;
2° Section 322-3 is amended as follows:
(a) After the 7°, it is inserted an 8° as follows:
« 8° When the property is destroyed, degraded or deteriorated is intended for public utility or decoration and is owned by a public person or a public service mission. » ;
(b) It is added a paragraph to read:
"The penalties are applied to seven years' imprisonment and 100,000 €' fine when the offence defined in the first paragraph of section 322-1 is committed in two of the circumstances provided for in 1° and following of this section. »
Article L. 541-46 of the Environmental Code is supplemented by a VII as follows:
« VII. ― The penalty referred to in I is extended to seven years in prison and to 150,000 € in fine when the offence is committed in organized band, in the sense of theArticle 132-71 of the Criminal Code. »
Buying, holding or using a laser device that is not intended for a specific authorized use of a class greater than 2 is punishable by six months' imprisonment and 7 500 €' fine.
It is punishable by the same penalties that make, import, make available free of charge or expensive, hold for sale or free distribution, sell, sell or distribute these same materials for free.
The list of authorized specific uses for laser devices out of a class greater than 2 is fixed by decree.
I. ― The eighth paragraph of Article 78-2 of the Code of Criminal Procedure is amended as follows:
1° In the first sentence, after the words: "by order", the words are inserted: ", for the prevention and search of offences related to cross-border crime",
2° It is added a sentence as follows:
"For the purposes of this paragraph, the control of the obligations of detention, port and presentation of the titles and documents provided for by law may only be exercised for a period not exceeding six consecutive hours in the same place and may not consist of systematic control of persons present or circulating in the areas or places mentioned in the same paragraph. »
II. ― Article 67 quater of the Customs Code is amended as follows:
1° The first paragraph is amended to read:
(a) In the first sentence, after the words: "by order", the words are inserted: ", for the prevention and search of offences related to cross-border crime", and the reference: "to article 8 of Order No. 45-2658 of 2 November 1945 on the conditions of entry and residence of foreigners in France" is replaced by the reference: "to article L. 611-1 of the Code of Entry and Residence of Aliens
(b) Five sentences are added:
"When this check takes place on an international train, it can be operated on the portion of the route between the border and the first stop beyond 20 kilometres of the border. However, on railway lines that operate internationally and have special service features, the check may also be carried out between this stop and a stop within 50 kilometres. These lines and orders are designated by ministerial order. For the verification of compliance with the obligations of detention, port and presentation of documents or documents provided for in Article L. 611-1 of the Code of Entry and Residence of Aliens and the Right of Asylum, the control of the obligations of detention, port and presentation of the titles and documents provided for by law may be exercised only for a period not exceeding six consecutive hours in the same place and may not consist in a systematic control of the persons present or The fact that the audit reveals an offence other than that of non-compliance with the aforementioned obligations does not constitute a cause for nullity of the incident proceedings. » ;
2° In the second paragraph, the reference: "to thearticle 19 of Order No. 45-2658 of 2 November 1945 referred to above is replaced by the references: "Articles L. 621-1 and L. 621-2 of the Code of Entry and Residence of Aliens and the Right of Asylum";
3° In the fourth paragraph, the reference: "article 19 of Order No. 45-2658 of 2 November 1945 referred to above is replaced by the references: "Articles L. 621-1 and L. 621-2 of the same code";
4° In the third sentence of the fifth paragraph, the reference is "to section 19 of the above-mentioned order" and the references are "to the same articles L. 621-1 and L. 621-2".
The road code is thus modified:
1° Le II de l'article L. 221-2 est ainsi modifié :
(a) The 1°, 2° and 6° respectively become the 2°, 3° and 1°;
(b) At 1°, as it results from a, after the word "forfeiture", is inserted the word "mandatory" and it is added a sentence as follows:
"The court may, however, not impose this sentence by a specially reasoned decision. » ;
2° Le II de l'article L. 224-16 est ainsi modifié :
(a) The 1°, 2°, 3°, 4°, 5° and 6° respectively become the 2°, 3°, 4°, 5°, 6° and 1°;
(b) At 1°, as the result of this 2°, after the word "forfeiture", is inserted the word "mandatory" and are added two sentences as follows:
"The court may, however, not impose this sentence by a specially reasoned decision. Forfeiture is not mandatory when the offence was committed as a result of one of the administrative measures provided for in articles L. 224-1, L. 224-2 and L. 224-7. »
The same code is amended:
1° Article I L. 234-2 is supplemented by a 7° as follows:
« 7° The prohibition, for a period of not more than five years, of driving a vehicle that is not equipped by an approved professional or by construction of an approved electronic ethylotest anti-starting device. When this prohibition is imposed at the same time as the penalty for the cancellation or suspension of the driver's licence, it applies, for the period fixed by the court, after the execution of this sentence. » ;
2° Chapter IV of Book II title III is supplemented by two articles L. 234-16 and L. 234-17 as follows:
"Art.L. 234-16.-I. ― Contrary to the prohibition imposed on the 7th of Article L. 234-2 is punishable by two years imprisonment and 4,500 € fine.
“II. any person guilty of the offence under I shall also be liable to the following additional penalties:
« 1° The prohibition on the conduct of certain terrestrial motor vehicles, including those for which the driver's licence is not required, for a maximum of five years;
« 2° The cancellation of the driver's licence with prohibition of requesting the issuance of a new licence for a maximum of three years;
« 3° The general interest work sentence in accordance with the terms and conditions set out in theArticle 131-8 of the Criminal Code and under the conditions set out in sections 131-22 to 131-24 of the same code andArticle 20-5 of Order No. 45-174 of 2 February 1945 relating to delinquent childhood.
"III. ― Any person guilty, in a state of recidivism within the meaning ofArticle 132-10 of the Criminal Codeof the offence under I of this section also precludes the compulsory confiscation of the vehicle used to commit the offence, if it is the owner of the offence. However, the court may not impose this sentence by a specially reasoned decision.
"Art.L. 234-17. -The conditions for the registration of electronic ethylotest anti-starting devices and the conditions for the accreditation of the professionals responsible for installing them are set by regulation. »
After the 4th of Article 41-2 of the Code of Criminal Procedure, it is inserted a 4° bis as follows:
"4° bis Follow a rehabilitation and awareness-raising program with the installation of an anti-starter ethylotest on its vehicle for a minimum period of six months and not exceeding three years; "
I. ― Article 221-8 of the Penal Code is amended as follows:
1° The 10th is supplemented by a paragraph as follows:
"The confiscation of the vehicle is mandatory in the cases provided for in the 4th and last paragraph of Article 221-6-1 and, in the cases provided for in the 2nd, 3rd and 5th of the same article, in the case of recidivism or if the person has already been permanently convicted for one of the offences provided for by the articles L. 221-2, L. 224-16, L. 234-1, L. 234-8, L. 235-1, L. 235-3 or L. 413-1 of the road code or for the contravention referred to in section L. 413-1. However, the court may not impose this sentence by a specially reasoned decision. » ;
2° After 10°, it is inserted an 11° as follows:
« 11° In the cases provided for in 2° and last paragraph of section 221-6-1, the prohibition, for a period of not more than five years, of driving a vehicle that is not equipped by an approved professional or by construction of an electronic ethylotest anti-starting device, approved under the conditions specified in section L. 234-17 of the road code. When this prohibition is imposed at the same time as the penalty for the cancellation or suspension of the driver's licence, it shall apply, for the period fixed by the court, after the execution of that sentence. »
II. ― After the 12th of article 222-44 of the same code, are inserted from 13° and 14° as follows:
« 13° In the cases provided for in sections 222-19-1 and 222-20-1, the confiscation of the vehicle for which the convicted person used to commit the offence, if the owner of the offence. The confiscation of the vehicle is compulsory in the cases provided for in the 4th and last paragraphs of these articles, and in the cases provided for by the 2nd, 3rd and 5th of the same articles, in the case of recidivism or if the person has already been permanently convicted for one of the offences provided by the Articles L. 221-2, L. 224-16, L. 234-1, L. 234-8, L. 235-1, L. 235-3, L. 413-1 of the road code or for the contravention referred to in section L. 413-1. However, the court may not impose this sentence by a specially reasoned decision;
« 14° In the cases provided for in sections 222-19-1 and 222-20-1 of this Code, the prohibition, for a period of not more than five years, of driving a vehicle that is not equipped by an approved professional or by construction of an electronic ethylotest anti-starting device, approved under the conditions specified in section L. 234-17 of the road code. When this prohibition is imposed at the same time as the cancellation or suspension of the driver's licence, it shall apply, for the period fixed by the court, after the execution of that sentence. »
The road code is thus modified:
1° The 1° of Article L. 234-12 is amended as follows:
(a) After the word "forfeiture", the word "mandatory" is inserted;
(b) It is added a sentence as follows:
"The court may, however, not impose this sentence by a specially reasoned decision. » ;
2° The 1° of Article L. 235-4 is amended as follows:
(a) After the word "forfeiture", the word "mandatory" is inserted;
(b) It is added a sentence as follows:
"The court may, however, not impose this sentence by a specially reasoned decision. » ;
3° Section L. 413-1 is amended as follows:
(a) The first and last paragraphs are preceded by the words "I. ―" and "III". ―
(b) The second preambular paragraph is replaced by a second preambular paragraph:
“II. ― Any conductor responsible for this offence shall also be liable to the following additional penalties:
« 1° The compulsory confiscation of the vehicle used to commit the offence, if it is the owner. However, the court may not impose this sentence by a specially reasoned decision;
« 2° The suspension, for a period of not more than three years, of the driver's licence, which cannot be limited to driving outside of professional activity;
« 3° The prohibition of driving certain land-based motor vehicles, for a maximum of five years;
« 4° The obligation to carry out a road safety awareness training at its own expense. »
I. ― Article L. 223-1 of the same code is supplemented by a paragraph as follows:
"The first paragraph of Article L. 223-6 is not applicable during the probation period referred to in the second paragraph of this Article. »
II. ― Section L. 223-6 of the same code is amended as follows:
1° In the second paragraph, the reference: "in the previous paragraph" is replaced by the reference: "in the first paragraph";
2° In the last paragraph, the reference: "three first paragraphs" is replaced by the reference: "previous paragraphs".
Article L. 223-6 of the same code is amended as follows:
1° In the first paragraph, the word "three" is replaced by the word "two";
2° After the first preambular paragraph, a sub-item reads as follows:
"The two-year period referred to in the first paragraph shall be extended to three years if one of the offences that resulted in a withdrawal of points is an offence or contravention of the fourth or fifth class. » ;
3° In the second paragraph, the words "one year" are replaced by the words "six months";
4° The first sentence of the third paragraph is supplemented by the words: "that can be done within the limit of once a year".
Chapter III of Book II of the same Code is supplemented by an article L. 223-9, as follows:
"Art.L. 223-9.-I. ― A penalty of six months' imprisonment and a fine of 15,000 € is the fact, by the perpetrator of a contravention resulting in the withdrawal of a point of the driver's licence, of proposing or giving compensation to a person to agree to be designated as a driver of the vehicle in the application for exemption or the claim under the conditions provided for in the b of Article 529-10 of the Code of Criminal Procedure.
“II. ― is punishable by the same penalties, by any person, to propose or accept against remuneration to be designated by the perpetrator of a point-release contravention as a driver of the vehicle in the claim for exemption or the claim under the conditions set out in the same b.
"III. ― Where the facts set out in II are committed in an ordinary way or by the broadcast, by any means, of a message to the public, the penalty is increased to one year in prison and 30,000 € in fine.
"IV. ∙ The person guilty of the offences provided for in this article shall also be liable to the following additional penalties:
« 1° The suspension, for a period of not more than three years, of the driver's licence, which cannot be limited to driving outside of professional activity;
« 2° The general interest working sentence according to the terms provided for in theArticle 131-8 of the Criminal Code and under the conditions set out in sections 131-22 to 131-24 of the same code andArticle 20-5 of Order No. 45-174 of 2 February 1945 relating to delinquent childhood;
« 3° The penalty of fine-days in the conditions fixed to articles 131-5 and 131-25 of the Criminal Code ;
« 4° The prohibition on the conduct of certain terrestrial motor vehicles, including those for which the driver's licence is not required, for a maximum of five years;
« 5° The obligation to carry out a road safety awareness training at its own expense. »
I. ― Article L. 224-1 of the same code is amended as follows:
1° The last paragraph is supplemented by a sentence as follows:
"In this case, deputy judicial police officers mentioned in theArticle 21 of the Code of Criminal Procedure are authorized to retain the driver ' s driver ' s licence on a provisional basis. » ;
2° It is added a paragraph to read:
"In the event of a traffic accident that resulted in the death of a person, judicial officers and police officers also retain the driver's driver's licence in respect of which there are one or more plausible reasons to suspect him of having committed an offence in respect of the maximum authorized speeds or the crossing, overtaking, intersection and crossing priorities. »
II. ∙ Article L. 224-2 of the same code is supplemented by two paragraphs as follows:
"They are also applicable where the permit has been retained as a result of a traffic accident that resulted in the death of a person, pursuant to the last paragraph of section L. 224-1, in the event of a report that the driver committed an offence in respect of maximum permissible speeds or crossing, overtaking, intersection and crossing priorities.
"In the event of a traffic accident that resulted in the death of a person, the length of the suspension of the driver's licence may be increased to one year. »
III. – In article L. 224-3 of the same code, the words "and fourth" are replaced by the words ", fourth and fifth".
In article L. 225-4 of the same code, after the words: "judicial authorities," the words are inserted: "the magistrates of the administrative order in the context of appeals against decisions to withdraw from the driver's licence,".
Article L. 330-5 of the same code is supplemented by a paragraph as follows:
"The approval decision referred to in the second paragraph may be preceded by an administrative investigation, under the conditions prescribed by theArticle 17-1 of Act No. 95-73 of 21 January 1995 guidance and programming on security, for reasons of general interest related to the protection of persons and property. »
I. ― The second paragraph of Article L. 325-1-1 of the same code is amended as follows:
1° In the second sentence, the words: "in the service of the domains" are replaced by the words: "in the Agency for the Management and Recovery of seized and confiscated assets";
2° Two sentences are added:
"The proceeds of the sale shall, if any, be made available to the secured creditor who may justify his rights for a period of two years. At the expiry of this period, this product is acquired to the State. »
II. ― At 1° of the I of Articles L. 234-12 and L. 235-4 of the same code, the words: ", the provisions of Article L. 325-9 are then applicable, if any, to the secured creditor" are deleted.
At the end of the first paragraph of Article 434-10 of the Criminal Code, the words: "two years of imprisonment and 30,000 € of fine" are replaced by the words: "three years of imprisonment and 75,000 € of fine".
Article L. 235-2 of the road code is amended as follows:
1° The first two sub-items are replaced by three sub-items:
"The officers or judicial police officers of the gendarmerie or the territorially competent national police and, on the order and under the responsibility of the judicial police officers, the assistant judicial police officers shall, on the conductor or accompanying the conductor student involved in a mortal or physical traffic accident, conduct screening tests to determine whether the person was driving by using substances or plants classified as narcotics.
"The officers or judicial police officers of the gendarmerie or the territorially competent national police and, on the order and under the responsibility of the judicial police officers, the deputy judicial police officers may also carry out these same tests on any conductor or any conductor accompanying student who is involved in a material traffic accident or is the alleged perpetrator of one of the offences to this code or against which there is one or more reasons to plea
"The officers or judicial police officers of the gendarmerie or the territorially competent national police, acting on the requisitions of the prosecutor of the Republic specifying the places and dates of the operations and, on the order and under the responsibility of these judicial police officers, the assistant judicial police officers may also, even in the absence of traffic accidents, offences or plausible reasons to suspect the use of narcotics, conduct or conduct any conduct, Requisitions under this paragraph may be addressed by any means. If addressed orally, reference is made in the minutes issued by the officer or the judicial police officer. » ;
2° In the third paragraph, the words: "the trials" are replaced by the words: "the trials";
3° After the third preambular paragraph, a sub-item reads as follows:
"When the finding is made by an assistant judicial police officer mentioned in 1° bis, 1° ter, 1° quater or 2° of Article 21 of the Code of Criminal Procedure, it shall immediately report on the presumption of the existence of a use of substances or plants classified as narcotics or the refusal of the conductor's conductor's conductor's driver to undergo the screening tests to any judicial police officer of the national police or the territorially competent national gendarmerie, who may then order the person concerned without delay. »
The same code is amended:
1° After Article L. 325-1-1, an article L. 325-1-2 is inserted as follows:
"Art.L. 325-1-2.-On the basis of an offence for which a mandatory confiscation of the vehicle is incurred, the representative of the State in the department where the offence has been committed may make an interim decision on the immobilization and furnace of the vehicle used by the author to commit the offence. He immediately informs, by any means, the prosecutor of the Republic.
"When the immobilization or furnace provided for in Article L. 325-1-1 is not authorized by the Public Prosecutor within seven days of the decision of the State representative made under the first paragraph, the vehicle shall be returned to its owner. In the event of successive measures, the deadline is not extended.
"When a penalty of immobilization or forfeiture of the vehicle is imposed by the court, the rules relating to the removal and custodial costs set out in section L. 325-1-1 apply.
"Where the perpetrator of the offence referred to in the first paragraph of this section is not the owner of the vehicle, the immobilization or furnace shall be lifted as soon as a qualified driver proposed by the perpetrator of the offence or by the owner of the vehicle's registration certificate may conduct the offence. The removal and custody costs are borne by the owner.
"The removal and custodial costs of the locked-in vehicle for a maximum period of seven days pursuant to this section do not constitute a court fee under theArticle 800 of the Code of Criminal Procedure.
2° In the first sentence of the first paragraph of Article L. 325-2, the reference: "and L. 325-1-1" is replaced by the references: ", L. 325-1-1 and L. 325-1-2".
Chapter I of Book III title IV of Part III of the Public Health Code is supplemented by an article L. 3341-4, as follows:
"Art.L. 3341-4. -In the drinks to be consumed on site, which closes between 2 hours and 7 hours, one or more devices for testing alcoholic impregnation must be made available to the public.
"The terms and conditions for the application of this Article with respect to, inter alia, the time limit, the number of devices and their technical characteristics shall be determined by joint order of Ministers responsible for transport, interior and health. »
The 3rd of Article 1018 A of the general tax code is supplemented by a sentence as follows:
"When the person was convicted of the offence of conduct under the influence of narcotics products provided by theArticle L. 235-1 of the road code, the fixed right of procedure is increased by an amount fixed by decree in the Council of State, so that the total amount of the fixed right is equal to the amount, rounded to the lower ten, of the maximum allowances allocated to persons performing toxicological analyses; "
Article L. 130-9 of the road code is supplemented by a paragraph as follows:
"When the excess speed is found by the average speed, between two points of a traffic lane, greater than the maximum speed allowed between these two points, the place of commission of the offence is the place where the second finding was made, without prejudice to the provisions of the previous paragraph. »
The first paragraph of Article 34 of Law No. 82-213 of 2 March 1982 relating to the rights and freedoms of municipalities, departments and regions is supplemented by a sentence as follows:
"In addition, he coordinates the entire internal security system, in particular the action of the various services and forces available to the State in relation to internal security. »
In the first paragraph of articles L. 2215-6 and L. 2512-14-1 of the general code of the local authorities, after the words "sale to take away" are inserted the words "alcoholic beverages or".
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2011-625 DC of 10 March 2011. ]
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2011-625 DC of 10 March 2011. ]
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2011-625 DC of 10 March 2011. ]
The road code is thus modified:
1° In the first paragraph of Article L. 234-3, after the word: "judicial", the words are inserted: "from the gendarmerie or the territorially competent national police and, on the order and responsibility of the said judicial police officers, the deputy judicial police officers";
2° Section L. 234-9 is amended as follows:
(a) The beginning of the first preambular paragraph is as follows: "The judicial police officers of the gendarmerie or the territorially competent national police either on the instruction of the public prosecutor or on their initiative and, on the order and responsibility of them, the judicial police officers and the deputy judicial police officers may... (the rest without change). » ;
(b) It is added a paragraph to read:
"When the finding is made by an assistant judicial police officer mentioned in 1° bis, 1° ter, 1° quater or 2° of Article 21 of the Code of Criminal Procedure, it shall immediately report on the presumption of the existence of an alcoholic state or the refusal of the conductor's conductor's driver to undergo the screening tests under the conditions provided for in Article L. 234-4 of this Code. »
Article L. 412-49 of the Code of Commons is amended as follows:
1° The second paragraph is supplemented by two sentences as follows:
"This approval and swornment remain valid as long as they continue to perform municipal police officers. In the event of recruitment by a municipality or inter-communal cooperation institution located within the jurisdiction of another large-instance court, prosecutors of the competent Republic under the old and new duty station are notified without delay. » ;
2° After the first sentence of the third preambular paragraph, a sentence is inserted as follows:
"However, in the event of an emergency, the approval may be suspended by the Attorney of the Republic without this consultation. »
I. ― Section 3-2 of Act No. 83-629 of 12 July 1983 regulating private security activities is thus amended:
1° In the first sentence of the first paragraph, the number: " 1,500" is replaced by the number: "300";
2° In the second paragraph, after the words: "municipal police officers", the words are inserted: "and agents of the city of Paris charged with a police service".
II. ― In article L. 332-2 of the Sport Code, the number: " 1,500" is replaced by the number: "300".
I. ― The general code of territorial authorities is amended as follows:
1° Section L. 1311-2 is amended as follows:
(a) In the first sentence of the first paragraph, after the word: "location", are inserted the words: "or, with the exception of the operations carried out for the assignment to a cult building open to the public, their restoration, repair, maintenance-maintenance or the development of that property", the words: "2007, related to the needs of justice, police or national gendarmerie
(b) The last paragraph is as follows:
"A project of administrative emphyteotic lease submitted for the realization of a general interest operation related to the needs of national justice, police or gendarmerie whose rent is greater than an amount fixed by decree in the Council of State is subject to the completion of a screening assessment under the conditions laid down in article L. 1414-2. » ;
(c) It is added a paragraph to read:
"The conclusions of leases mentioned in the preceding paragraphs are preceded, if any, by competition and publicity measures, in accordance with the terms set by decree in the Council of State. » ;
2° Article L. 1311-4-1 is amended as follows:
(a) In the first paragraph, the year: "2007" is replaced by the year: "2013" and the words: "or a public health institution or a health cooperation structure with public moral personality" are deleted;
(b) In the second paragraph, the year: "2010" is replaced by the year: "2013";
(c) In the first sentence of the third paragraph, the words: "or public health establishment or health cooperation structure referred to in the first paragraph" are deleted;
(d) The last paragraph is deleted;
3° The sixth paragraph of Article L. 1615-7 is deleted.
II. ― The Public Health Code is amended as follows:
1° Section L. 6148-3 is repealed;
2° In article L. 6148-4, the words: "to Articles L. 1311-2 and L. 1311-4-1 of the General Code of Territorial Communitieswhen they meet the needs of a public health institution or a health cooperation structure with a public moral personality, those mentioned" are removed;
3° In the first paragraph of Article L. 6148-5, the words "of theArticle L. 1311-2 of the General Code of Territorial Communitieswhen meeting the needs of a public health institution or a health cooperation structure with public morality and "are removed;
4° At the end of the eleventh paragraph of Article L. 6143-1, the references: "to articles L. 6148-2 and L. 6148-3" are replaced by the reference: "to article L. 6148-2".
III. ―Article 119 of Act No. 2007-1822 of 24 December 2007 in 2008, after the word: “Territorial”, the words are inserted: “in his writing from the Act No. 2002-1094 of 29 August 2002 orientation and programming for internal security."
The Code of Entry and Residence of Aliens and the Right of Asylum is amended as follows:
1° At the beginning of article L. 821-1, the words "experimentally" are deleted;
2° Section L. 821-6 is repealed.
The Code of Criminal Procedure is amended as follows:
1° After the second paragraph of section 99-2, a sub-item reads as follows:
"When the retention of the seizure is likely to diminish the value of the property, the examining magistrate may also order, subject to the rights of the third parties, to hand over to the service of the domains, with a view to their assignment free of charge by the administrative authority and after their value has been expertized, to police services, gendarmerie units or services of the customs administration that carry out truthful missions, of the movable property held in the hands of justice In the case of non-place, relax or acquittal, or where the confiscation penalty is not imposed, the owner who makes the application obtains the restitution of the property, and if there is a compensation compensating the loss of value that may have resulted from the use of the property. » ;
2° In the first paragraph of Article 706-30-1, the word "third" is replaced by the word "fourth";
3° After the third paragraph of section 41-5, a sub-item reads as follows:
"When the retention of the seizure is likely to diminish the value of the property, the judge of freedoms and detention may also order, subject to the rights of third parties, to hand over to the service of the domains, with a view to their assignment free of charge by the administrative authority and after their value has been expertized, to police services, gendarmerie units or services of the administration of customs that carry out judicial police missions, movable property placed under the control In the event of a classification without a continuation, non-place, relax or acquittal, or where the confiscation penalty is not pronounced, the owner who makes the application obtains the restitution of the property, and if there is a compensation compensating the loss of value that could result from the use of the property. »
The Departmental Director of Public Security or the Gendarmerie Group Command may be communicated quarterly by the judicial police officers of his or her jurisdiction, in conditions that preserve the secrecy of the investigation, the list of property seized in criminal investigations exceeding a value set by decree and whose confiscation is provided by law.
He may ask the prosecutor of the Republic to refer the judge of freedoms and detention or, if judicial information has been opened, the examining magistrate, for the purpose that the examining magistrate authorizes those of those assets that are no longer necessary for the manifestation of the truth and whose conservation would result in a financial burden for the State to be handed over, subject to the rights of the third parties, to the Agency for the Management and Recovery of the seized and confiscated assets.
Owners of such property that would not be condemned by the court or against which no confiscation penalty would be imposed may apply for restitution if it has not yet been sold, or the payment of compensation equivalent to their value of use enjoyed at the time of their alienation.
Article 706-71 of the Code of Criminal Procedure is amended as follows:
1° The second paragraph is supplemented by a sentence as follows:
"They are also applicable, with the consent of the public prosecutor and all parties, for the appearance of the defendant before the correctional court if the court is detained. » ;
2° The third paragraph is supplemented by a sentence as follows:
"When it comes to a hearing in which it must be decided on pre-trial detention or the extension of pre-trial detention, the detained person may refuse the use of an audio-visual telecommunications means, unless his or her transportation appears to be required to be avoided because of the serious risks of public disturbance or escape. » ;
3° After the fifth preambular paragraph, a sub-item reads as follows:
"When a person is detained, notification of expertise by a court must be made by the use of an audio-visual means of telecommunications, unless otherwise decided on, or if it must be done concurrently with another act. »
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2011-625 DC of 10 March 2011. ]
Under the conditions provided for in Article 38 of the Constitution, the Government is authorized to make an order to adopt the legislative part of the Internal Security Code.
The Code includes legislation on public safety and civil security.
The codified provisions are those in effect at the time of the issuance of the order, subject to the necessary modifications:
1° To ensure compliance with the hierarchy of standards, the editorial coherence of the texts thus collected, harmonize the rule of law, correct any errors and repeal the provisions, codified or not, that have become irrelevant;
2° To extend, if necessary with the necessary modifications, the provisions thus codified to New Caledonia, French Polynesia, French Southern and Antarctic Lands and the Wallis and Futuna Islands and allow the necessary modifications to the application of these provisions to Mayotte, Saint-Barthélemy, Saint-Martin and Saint-Pierre-et-Miquelon.
The order must be made within twelve months of the publication of this Act.
A bill of ratification is tabled before Parliament within three months of the issuance of the order.
Under the conditions provided for in Article 38 of the Constitution, the Government is authorized to make by order the provisions of the law necessary to comply with Council Framework Decision No. 2006/960/JAI of 18 December 2006 relating to the simplification of the exchange of information and information between the repressive services of the Member States of the European Union and in particular to implement a mechanism for the exchange of information and information
The order must be made within twelve months of the publication of this Act.
The bill ratifying this order is tabled before Parliament within three months of its publication.
I. ― After Article L. 114-16 of the Social Security Code, three articles are inserted L. 114-16-1, L. 114-16-2 and L. 114-16-3 as follows:
"Art.L. 114-16-1.-The agents of the State or social welfare agencies, referred to in Article L. 114-16-3, are empowered to exchange all information and documents relevant to the fulfilment of the search and recognition missions for social fraud listed in Article L. 114-16-2, as well as the collection of dues and contributions due and unduly paid social benefits.
"The prefectural service officers designated by prefectural order are empowered to transmit to the agents referred to in Article L. 114-16-3 all information and documents relevant to the fulfilment by them of their mission of research and recognition of social fraud referred to in Article L. 114-16-2, as well as to the collection of dues and contributions due and unduly paid social benefits.
"Art.L. 114-16-2.-The social frauds referred to in Article L. 114-16-1 are those defined by:
“– Articles 313-1,441-1,441-6 and 441-7 of the Criminal Code when harming social protection organizations;
" — Articles L. 114-13, L. 162-36, L. 272-1, L. 377-5, L. 583-3 and L. 831-7 of this Code;
" — Articles L. 135-1, L. 232-27 and L. 262-50 of the Code of Social Action and Families;
" — Articles L. 351-12, L. 351-13 and L. 651-1 of the Construction and Housing Code;
“– Articles L. 5124-1, L. 5135-1, L. 5413-1, L. 5429-1, L. 5429-3 and L. 5522-28 of the Labour Code ;
" — Article 1 of the Act of September 27, 1941 on inaccurate declarations by State or public authorities;
" ― theArticle 22 of Act No. 68-690 of 31 July 1968 bringing various economic and financial provisions.
"Art.L. 114-16-3.-The officers mentioned in the first paragraph of Article L. 114-16-1 are:
« 1° Agents mentioned to theArticle L. 8271-7 of the Labour Code ;
« 2° The officers of the State central administrations responsible for the fight against fraud in public finances appointed by the director or director general of each administration for this purpose;
« 3° In social security organizations, the executive officers referred to in chapter VII, section 4, title I, of Book II of this Code and the supervisory officers referred to in articles L. 114-10, L. 243-7 and L. 611-16 of the same Code; the management officers of the departmental and multi-departmental funds of agricultural social mutuality and the supervisors referred to in articles L. 724-7 and L. 724-8 of the rural and marine fisheries code;
« 4° The officers of the national bodies referred to in title II of Book II of this Code designated by the Director or Director General of each agency for this purpose; the officers of the Central Fund for Agricultural Social Community designated by its Director for this purpose;
« 5° Officers of the institution mentioned to theArticle L. 5312-1 of the Labour Code designated by its Director General for this purpose;
« 6° The agents of the organization referred to in Article L. 5427-1 of the same code designated by the Director General for that purpose and the agents acting under Article L. 3253-14 of the same code designated by the Director of the institution under the first paragraph of the same section for that purpose.
"For the purposes of section L. 114-16-1 of this Code, tax officers and customs officers referred to in the 1st of this section shall be designated by the Budget Minister. »
II. ― After section L. 134 B of the Tax Procedures Book, an article L. 134 C is reinstated as follows:
"Art.L. 134 C.-In accordance with articles L. 114-16-1 to L. 114-16-3 of the Social Security Code, officials of the General Directorate of Public Finance and the General Directorate of Customs and Indirect Rights are empowered to communicate and receive communication of any documents or information relevant to the fight against social fraud. »
III. – Chapter III of Title II of the Customs Code is supplemented by an article 59 sexies as follows:
"Art. 59 sexies.-In accordance with articles L. 114-16-1 to L. 114-16-3 of the Social Security Code, customs officers are empowered to communicate and receive communication of any documents or information relevant to the fight against social fraud. »
After article L. 5312-13 of the Labour Code, an article L. 5312-13-1 is inserted as follows:
"Art.L. 5312-13-1.-In the institution referred to in section L. 5312-1, fraud prevention officers are sworn and approved under conditions defined by an order of the Minister for Employment. Such officers shall be entitled to produce, in the event of a breach of the provisions of this code within the jurisdiction of that institution, minutes of evidence to the contrary. They shall forward them, for the purposes of prosecution, to the prosecutor of the Republic if they are criminally punishable offences.
"The failure to carry out the duties of the agents mentioned in the first paragraph, regardless of their framework of action, is punishable by six months' imprisonment and a fine of € 7,500. »
Article L. 8271-7 of the Labour Code is supplemented by a 9° as follows:
« 9° Officers of the institution referred to in Article L. 5312-1 responsible for the prevention of fraud, approved and sworn for this purpose. »
After section 7 of chapter IV, title II, of the Customs Code, a section 7 bis is inserted as follows:
“Section 7 bis
"Common Investigative Teams
"Art. 67 ter A.-I. ― 1. With the prior agreement of the Minister of Justice and the consent of the member(s) concerned, the Public Prosecutor may authorize, for the purposes of a customs procedure, the creation of a joint task force:
"(i) where there is a need for complex investigations involving the mobilization of important means and which concern other Member States;
“– either when several Member States conduct investigations of offences requiring coordinated and concerted action between the Member States concerned.
"The authorization is granted for a fixed, renewable period by the Attorney General of the Republic near the High Court where the actions of the Joint Special Investigation Team are likely to begin or by the Prosecutor of the Republic seized under the application of theArticle 706-76 of the Code of Criminal Procedure.
"The prosecutor of the Republic is kept regularly informed of the conduct of the operations carried out in the joint special investigation team. He may, at any time, terminate the joint special investigation team that he authorized.
“2. Foreign agents detached by another Member State from a joint task force, within the limits of the powers attached to their status, may, under the supervision of French Customs officers, have for missions, if any, on the entire scope of the national territory:
“(a) To observe any customs offence, to prepare a report, if necessary in the forms provided for by the law of their State;
“(b) To receive, by record, statements made to them by any person who may provide information on the facts in question, if necessary in the forms provided for in the law of their State;
"(c) To assist French customs officers in the performance of their duties;
"(d) Conduct monitoring and, if specifically authorized for this purpose, infiltration, under the conditions set out in section 67 bis of this Code, without the need to enforce the second and fourth paragraphs of the VIII of the same Article.
"Foreign agents detached from a joint special investigation team may carry out these missions, subject to the consent of the Member State having carried out their detachment.
"These officers intervene only in the operations for which they were designated. None of the specific powers of the French Customs Officer, responsible for the team, can be delegated to them.
"An original of the minutes they have prepared and which must be written or translated into French is paid to the French procedure.
“II. ― At the request of the competent authorities of the member or other Member States concerned, French Customs officers are authorized to participate in the activities of a joint special investigation team established in another Member State.
"In the framework of the Joint Special Investigation Team, French Customs officers detached from a Joint Special Investigation Team may carry out the operations prescribed by the team manager on the entire territory of the State where they intervene, within the limits of the powers recognized by this Code.
" Their missions are defined by the authority of a competent member state to lead the joint task force on the territory of which the team intervenes.
"They may receive statements and note the offences in the forms provided for in this Code, subject to the agreement of the Member State in which they intervene.
"III. - I and II are applicable to requests for cooperation between the French Customs authorities and those of other States parties to any convention with provisions similar to those of the 18 December 1997 Convention on Mutual Assistance and Cooperation among Customs Authorities. »
I. ― Article 67 bis II of the Customs Code is amended as follows:
1° In the first paragraph, the words "and counterfeit mark" and the words "and articles L. 716-9 to L. 716-11 of the intellectual property code" are deleted;
2° After the first preambular paragraph, a sub-item reads as follows:
"The first paragraph is applicable for the purposes of finding the offences referred to in section 414 when they relate to goods under a counterfeiting mark or incorporating a drawing or model as referred to in theArticle L. 513-4 of the Intellectual Property Code and as referred to in section 19 of Commission Regulation (EC) No. 6/2002 of 12 December 2001, on community drawings or models, on goods that infringe copyright, neighbouring rights or a patent as referred to in sections L. 335-2 to L. 335-4, L. 613-3 and L. 613-5 of the Intellectual Property Code as well as offences set out in sections L. 716-9 to L. 7 »
II. Section 7 of chapter IV of title II of the same code is supplemented by an article 67 bis-1, as follows:
"Art. 67 bis-1.-Without prejudice to the provisions of section 67 bis, and for the sole purpose of ascertaining the offence of possession of narcotics products, identifying the perpetrators and accomplices of the offence and carrying out the seizures provided for in this Code, Customs officers authorized by the Minister responsible for Customs under the conditions established by decree may, throughout the national territory, with the authorization of the public prosecutor and without being criminal:
« 1° Acquiring narcotics products;
« 2° In order to acquire narcotics products, make available to persons engaged in such offences legal or financial means and means of transport, deposit, accommodation, conservation and telecommunications.
"A penalty of nullity, the authorization of the prosecutor of the Republic, which may be given by any means, is mentioned or paid in the record of the proceedings and the authorised acts may not constitute an incentive to commit an offence.
"This section is applicable for the purposes of finding the offence of possession of goods under a counterfeit mark or incorporating a design or model as referred to in theArticle L. 513-4 of the Intellectual Property Code as referred to in section 19 of Commission Regulation (EC) No 6/2002 of 12 December 2001, referred to above, on goods that infringe copyright, neighbouring rights or a patent as referred to in sections L. 335-2 to L. 335-4, L. 613-3 and L. 613-5 of the Intellectual Property Code. »
The Customs Code is amended as follows:
1° Section 64 is amended as follows:
(a) The first draft is as follows:
“1. For the purpose of searching and ascertaining customs offences, referred to in sections 414 to 429 and 459, customs officers authorized for this purpose by the Minister of Customs may conduct visits to all places, even private, where goods and documents relating to these offences, as well as property and assets derived directly or indirectly, may be detained. They're accompanied by a judicial police officer.
"The authorized customs officers may, on the occasion of the visit, proceed to the seizure of goods and documents, regardless of the support, relating to the aforementioned offences. If, on the occasion of a visit authorized under 2 of this article, the authorized officers discover property and assets derived directly or indirectly from the aforementioned offences, they may proceed to their seizure after having informed the judge who has taken the order and who may oppose it by any means. » ;
(b) The seventh paragraph of paragraph 2 (a) is supplemented by a sentence that reads as follows: "It is pronounced by an express mention of the seizure of property and assets that may come directly or indirectly from the offences that are sought. » ;
(c) After the eighth preambular paragraph (a), a sub-item shall read:
"If, on the occasion of the visit, the authorized officers discover evidence of the existence in other places of property or assets relating to the actions referred to in 1 they may, upon authorization issued by any means by the judge who has taken the order, proceed immediately to visit these places for the purpose of seizing these assets and assets. Mention of such authorization shall be made to the minutes provided for in (b) of this 2. » ;
(d) The fourth and fifth sub-items of 2 (b) are as follows:
"The record, to which an inventory of the seized goods and documents is annexed, as well as property and assets derived directly or indirectly from the offences sought by the customs officers, the judicial police officer and the persons referred to in the first paragraph of this b is signed; in the event of refusal to sign, mention is made to the record.
"If the on-site inventory presents difficulties, the seized parts, documents, assets and assets are sealed. The occupant of the premises or his representative is advised that he may attend the opening of the seals in the presence of the judicial police officer; the inventory is then established. » ;
(e) The seventh paragraph of the same b is supplemented by a sentence as follows: "If the judge finds that the seized property and assets do not originate directly or indirectly from the offences that are sought, he or she orders the release of the seizure and the restitution of the property and assets concerned. » ;
2° In the first paragraph of Article 414, after the words: "to hide fraud", the words ", from the confiscation of property and assets that are the direct or indirect product of the offence" are inserted;
3° In Article 415, after the word: "sented", the words ", of the confiscation of property and assets that are the direct or indirect product of the offence" are inserted;
4° In the first sentence of Article 459, after the words: "used for fraud" are inserted the words: ", of the confiscation of property and assets that are the direct or indirect product of the offence".
I. ― Section L. 38 of the Tax Procedures Book is amended as follows:
1° The first draft is as follows:
“1. For the search and recognition of offences under Title III of Part I of Book I of the General Code of Taxation and the legislation enacting the same procedural and recovery rules, officials empowered to do so by the Minister of Customs may conduct visits to all places, even private, where documents, documents, objects or goods related to these offences, as well as property and assets derived directly or indirectly, are liable to be held They're accompanied by a judicial police officer.
"The authorized officers may, on the occasion of the visit, proceed to the seizure of documents and documents, regardless of the support, as well as objects or goods relating to the aforementioned offences. They may seize property and assets derived directly or indirectly from the aforementioned offences only in the case of visits authorized under 2 of this article. » ;
2° 2 is thus amended:
(a) The ninth preambular paragraph is supplemented by a sentence that reads as follows: "It is pronounced by an express mention of the seizure of property and assets that may arise directly or indirectly from the offences of which evidence is sought. » ;
(b) The eleventh preambular paragraph is replaced by two sub-items:
"If, on the occasion of the visit, the authorized officers discover evidence of the existence in other places of property or assets relating to the offences referred to in 1 they may, upon authorization issued by any means by the judge who has taken the order, immediately proceed to visit these places for the purpose of seizing these assets and assets. Mention of this authorization shall be brought to the minutes provided for in 4.
"The visit is conducted under the authority and control of the judge who authorized it. When it takes place outside the jurisdiction of its High Court, it shall issue a rogatory commission, to exercise such control, to the judge of the freedoms and detention of the High Court in whose jurisdiction the visit is carried out. » ;
3° The 4 is thus modified:
(a) In the second sentence of the first paragraph, after the word: " seized", the words are inserted: ", as well as property and assets derived directly or indirectly from the offences whose evidence is sought,"
(b) In the first sentence of the second paragraph, the words "and documents" are replaced by the words ", documents, goods and assets";
4° After the first paragraph of 5, a sub-item reads as follows:
"If the judge finds that the property and assets seized do not originate directly or indirectly from the offences sought, he or she orders the release of the seizure and the restitution of the property and assets concerned. »
II. ∙ The general tax code is amended as follows:
1° Article 1791 I is supplemented by the words: ", as well as the confiscation of property and assets that are the direct or indirect product of the offence";
2° In the first paragraph of section 1810, the words "six months" are replaced by the words "one year".
Section 26 of Act No. 2003-239 of 18 March 2003 for internal security is amended as follows:
1° In the third paragraph, after the word "national", the words "and customs services" are inserted;
2° The second sentence of the penultimate paragraph is supplemented by the words "or customs".
I. ― Section 36 of Act No. 95-73 of 21 January 1995 on security orientation and programming is amended as follows:
1° In the first paragraph of I, the word "20-six" is replaced by the word "30" and the words "maximum of five years non-renewable" are replaced by the words: "three years, renewable once by express renewal,"
2° The first paragraph of I bis is amended as follows:
(a) In the first sentence, the reference: "L. 322-4-7" is replaced by the reference: "L. 5134-20";
(b) In the last sentence, the reference: "in the fourth paragraph of I of the same article" is replaced by the reference: "in article L. 5134-24 of the same code";
3° The second preambular paragraph of Ibis is as follows:
"At the end of the employment support contract, the officers recruited continue their security assistant mission for a period of one year. They may be granted the renewal of the contract allowing them to carry out these missions under the conditions set out in the first paragraph without the cumulative duration of these missions exceeding six years. »
II. ― Contracts entered into pursuant to I of Article 36 of Law No. 95-73 of 21 January 1995 guidance and programming relating to security, and being valid on the day this Act comes into force, may be extended for a maximum of one year.
I. ― Sections 4 to 7 of Act No. 2003-239 of 18 March 2003 for internal security are replaced by two sections 1 and 2 as follows:
“Section 1
"From the Civil Reserve of the National Police
"Art. 4.-The Civil Reserve of the National Police is intended for missions to support the internal security forces and solidarity missions, in France and abroad, with the exception of public order maintenance and restoration missions.
"It consists of:
"(i) retirees from the active police force, released from their relationship with the service, as part of the obligations defined in section 4-1;
" ― volunteers, under the conditions defined in sections 4-2 to 4-4.
“The retirees of the national police force mentioned in the third paragraph of this article may also join the civil reserve as a volunteer.
"Art. 4-1.-Retired members of the national police, within five years from the end of their relationship with the service, are required to have an obligation of availability in order to respond to individual or collective reminders of the Minister of Interior in the event of serious threats or disturbances to public order or exceptional events, within 90 days a year.
"They may be summoned to training or training sessions whose content and terms are defined by order of the Minister of the Interior.
"The failure to comply with the obligations set out in this article, excluding the case of force majeure, shall be punished by penalties for breaches of the fifth class.
"Art. 4-2.-May be admitted to the National Police Civil Reserve as a volunteer, candidates who meet the following conditions:
“to be of French nationality;
“to be eighteen to sixty-five years old;
" ― not having been sentenced either to the loss of civic rights or to the prohibition of public employment, or to a criminal or correctional penalty listed in Bulletin 2 of the criminal record;
“to be in good standing with national service obligations;
"have the physical fitness required to perform an activity on the reserve, the conditions of which are prescribed by ministerial order.
"No person may be admitted to the reservation if it is the result of the administrative investigation, having given rise, if any, to the consultation of the personal data processing referred to in Articles 230-6 and 230-20 of the Code of Criminal Procedure, that the conduct or actions of the candidate are contrary to the honour, probity, morals or of a nature to affect the security of persons or property, public security or public safety or
"In addition, retirees from the active police force must not have been disciplined for reasons incompatible with the exercise of the civil reserve missions.
"Art. 4-3.-A with the exception of those mentioned in the last paragraph of Article 4, voluntary reservists may, with the exception of any foreign mission, carry out judicial police missions under the conditions provided for inArticle 21 of the Code of Criminal Procedure, support missions to the request of officials under whose authority they are placed or specialist missions corresponding to their professional qualification.
"Art. 4-4.-Voluntary reservists agree to a one-year contract of engagement, which will be renewed in the five-year term, which defines their availability and training obligations and gives them the quality of casual public service employees.
"The contract specifies the maximum duration of the assignment, which cannot exceed:
"—for retired members of the national police, one hundred and fifty days a year, or, for the performance of foreign missions, two hundred and ten days;
“– for other voluntary reservists, ninety days a year.
"The administration may de-list the civil reserve in the event of a breach of the obligations under the contract. This contract may also be terminated or suspended in the event of a breach where the voluntary reservist ceases to meet any of the conditions set out in this section or in the event of a public order requirement.
"Art. 4-5.-I. ― The periods of employment and training of national police reservists are compensated.
“II. ― An employee reservist who performs a period of employment or training under the civil reserve of the national police during his or her working time must obtain, when their duration exceeds ten working days per calendar year, the agreement of his or her employer, subject to more favourable provisions resulting from the employment contract, labour agreements or collective agreements concluded between the Minister of the Interior and the employer.
"The employment contract of the employee reservist is suspended during periods of employment and training in the civil reserve of the national police. However, this period is considered to be an effective working period for the legal and conventional benefits of seniority, advancement, paid leave and social benefits.
"When an employee performs an activity in the civil reserve of the national police on his working time, he is placed in a position to carry out activities in the civil reserve of the national police when the duration of his reserve period is less than or equal to forty-five days.
"The situation of non-public officials is defined by decree in the Council of State.
"No dismissal or professional decommissioning, no disciplinary penalty may be imposed against the National Police Reserve because of the absences resulting from these provisions.
"III. ― During the period of activity in the civil reserve of the national police, the reservist shall, for him and his eligible persons, receive sickness, maternity, disability and death benefits from the social security regime, which he or she reports outside of his service in the civil reserve of the national police, under the conditions defined in theArticle L. 161-8 of the Social Security Code.
"IV. ― articles 11 and 11 bis A of Act No. 83-634 of 13 July 1983 the rights and obligations of public servants are applicable to reservists during periods of employment or training for which they were called.
"The reservist who suffered damage during periods of employment or training in the reserve and, in the event of death, his rightful persons are entitled, at the expense of the State, to the full compensation of the damage suffered, except in the event of damage caused by a personal act detachable from the service.
“Section 2
“From the voluntary police service
and National Gendarmerie
"Art. 5.-The voluntary citizen service of the national police and gendarmerie is intended, in order to strengthen the link between the Nation and the domestic security forces, to missions of solidarity, social mediation, education to the law and prevention, excluding the exercise of any prerogative of public power.
"Art. 5-1.-Can candidates who meet the following conditions be admitted to the voluntary service of the citizen:
"to be of French nationality, a national of a Member State of the European Union, another State Party to the Agreement on the European Economic Area or the Swiss Confederation or to reside regularly in France for at least five years and to satisfy the condition of integration defined in Article L. 314-2 of the Code of Entry and Residence of Aliens and the Right of Asylum;
"to be at least seventeen years of age and, if the candidate is a non-emancipated minor, to produce the agreement of his or her parents or legal representatives;
"–not having been sentenced to a correctional penalty or a criminal sentence listed in Bulletin 2 of the criminal record or, for foreign nationals, in an equivalent document, for reasons incompatible with the exercise of the missions;
"to meet the conditions of fitness for the missions of the voluntary service citizen.
"No person may be admitted to the voluntary service of a citizen if it is the result of the administrative investigation, having, as appropriate, given the consultation of the personal data processing referred to in Articles 230-6 and 230-20 of the Code of Criminal Procedure, that his or her conduct or actions are contrary to the honour, probity, morality or nature to impair the security of persons or property, public safety or the State.
"Art. 5-2.-People admitted to the voluntary service of a citizen agree to a contract of appointment for a term of one to five years, which confers on them the quality of an occasional employee of the public service.
"The administration may issue the deletion of the voluntary citizen service in the event of a breach of the obligations under the contract of engagement. This contract may also be terminated or suspended in the event of a breach where the voluntary reservist ceases to meet any of the conditions set out in this section or in the event of a public order requirement.
"Art. 5-3.-I. ― The periods of employment for the voluntary service are compensated.
“II. ― In the event of an employee's employment, the employee's employment contract is suspended during the period when the employee carries out missions under the national police and gendarmerie's voluntary service. However, this period is considered to be an effective working period for the legal and conventional benefits of seniority, advancement, paid leave and social benefits.
"If the employee performs his or her duties during his or her work time, he or she shall, when their duration exceeds ten working days per calendar year, obtain the agreement of his or her employer under the conditions set out in Article 4-5 II.
"No dismissal or professional declassification, no disciplinary penalty may be imposed against the national police volunteer and gendarmerie because of the absences resulting from these provisions.
"III. ― During the period of activity under the voluntary service of the national police and gendarmerie, the person concerned shall, for him and his persons entitled, benefit from the sickness, maternity, disability and death of the social security system, which he or she reports outside his or her service in the voluntary service of the national police and gendarmerie, under the conditions defined in theArticle L. 161-8 of the Social Security Code.
"Art. 6.-A decree in the Council of State determines the conditions for the application of articles 4-3,4-4,5-1 and 5-3. »
II. ― Act No. 84-16 of 11 January 1984 on statutory provisions relating to the public service of the State is amended as follows:
1° At the 5th of Article 32, the words "and in the health reserve" are replaced by the words "in the health reserve and in the civil reserve of the national police";
2° In the fourth paragraph of Article 53, after the words: " Forty-five days cumulative per calendar year" are inserted the words: "a period of activity in the civil reserve of the national police for a period of forty-five days".
III. ― Act No. 84-53 of 26 January 1984 on statutory provisions relating to the territorial public service is amended as follows:
1° At the 5th of Article 55, the words "and in the health reserve" are replaced by the words "in the health reserve and in the civil reserve of the national police";
2° In the third paragraph of Article 74, after the words: " Forty-five days cumulative per calendar year" are inserted the words: "a period of activity in the civil reserve of the national police for a period of forty-five days".
IV. ― Act No. 86-33 of 9 January 1986 on statutory provisions relating to the public hospital service is amended as follows:
1° At the 5th of Article 39, the words "and in the health reserve" are replaced by the words ", in the health reserve and in the civil reserve of the national police";
2° In the fourth paragraph of Article 63, after the words: " Forty-five days cumulative per calendar year" are inserted the words: "a period of activity in the civil reserve of the national police for a period of forty-five days".
V. ― Contracts of engagement, entered into pursuant to Articles 4,5,6,6-1 and 7 of Act No. 2003-239 of 18 March 2003 for internal security, which is being implemented on the effective date of this Act, continue to produce their effects.
VI. ―Article L. 331-4-1 of the Sport Code, the reference: "to section 4" is replaced by the references: "to sections 4 to 4-5".
VII. ― In the title of Chapter III of Act No. 2003-239 of 18 March 2003, referred to above, the words "citizen of the national police" are replaced by the words "citizen of the national police and gendarmerie".
VIII. ― After the 1° quinquies of Article 21 of the Code of Criminal Procedure, it is inserted a 1° sexies as follows:
« 1° sexies Members of the National Police Civil Reserve who do not meet the requirements of Article 20-1; "
Article 20 of the Code of Criminal Procedure is amended as follows:
1° 2° is thus written:
« 2° National police officers, holders and interns, who are not a judicial police officer; » ;
2° The 4° and 5° are repealed;
3° In the seventh paragraph, the references: "1° to 5° above" are replaced by the references: "1° to 3°".
Article 21 of the same code is amended as follows:
1° 1° bis is supplemented by the words: "and military personnel serving under the operational reserve of the National Gendarmerie who do not meet the requirements of section 20-1";
2° The 1° quinquies is repealed.
The Code of Entry and Residence of Aliens and the Right of Asylum is amended as follows:
1° The single chapter of title VI of Book V is supplemented by an article L. 561-3 as follows:
"Art.L. 561-3.-The administrative authority may order the placement under mobile electronic surveillance of the foreigner to reside in the places that are fixed to him under articles L. 523-3, L. 523-4 or L. 541-3 if he has been sentenced to a ban on the territory for acts of terrorism under title II of Book IV of the Criminal Code or if a measure of expulsion has been imposed
"This placement is pronounced, after foreign agreement, for a period of three months that can be extended for the same period without the total duration of the placement exceeding two years.If no extension is granted, the placement under mobile electronic surveillance is terminated.
"The foreigner is at the port, throughout the placement period, of a device integrating a transmitter that allows at any time to remotely determine its location throughout the national territory.
"The implementation of the technical mechanism for remote control can be entrusted to a person of private law authorized under conditions established by decree in the Council of State.
"For the duration of the placement, the administrative authority may, on its own or at the request of the foreigner, amend or supplement the obligations resulting from the placement.
"The failure to comply with the requirements for electronic supervision is punishable under the conditions laid down in Article L. 624-4. » ;
2° Article L. 624-4 is supplemented by a paragraph as follows:
"Aliens referred to in Article L. 561-3 who have not complied with the requirements for electronic surveillance are liable to one year's imprisonment. »
Article L. 624-4 of the same code is supplemented by a paragraph as follows:
"Foreigners must reside in the places that are fixed to them pursuant to sections L. 523-3, L. 523-4, L. 523-5 or L. 541-3 and who have not complied with the reporting obligations to the police and gendarmerie units provided for in section L. 513-4 shall be liable to one year's imprisonment. »
After Article L. 2332-1 of the Defence Code, an article L. 2332-1-1 is inserted as follows:
"Art.L. 2332-1-1.-No one may exercise individually the activity that consists, as a principal or as an accessory, in the manufacture, trade, exchange, rental, repair or processing of weapons, weapons and ammunition, or direct or manage a legal person carrying on that activity if he is not a holder of an approval relating to his honourability and administrative competence, issued.
"A decree in the Council of State sets out the modalities for the application of this article. »
After the first sentence of Article L. 513-4 of the Code of Entry and Residence of Aliens and the Right of Asylum, it is inserted a sentence as follows:
"If the foreigner poses a serious threat to public order, the administrative authority may cause it to be led by the police or gendarmerie services to the places of assignment. »
The third and final sentences of Article L. 523-5 of the same code are thus written:
"The reporting obligations to the police and gendarmerie units provided for in Article L. 513-4, as well as the penalties for failure to comply with the requirements for residential assignment under Article L. 624-4, shall apply. The measure may be repealed at any time in the event of a breach of these obligations and requirements or new facts constituting conduct that is harmful to public order. »
The territorially competent judicial police officer may carry out acts on any person who has committed on a person who is the custodian of the public authority or is responsible for a public service mission in the performance of his or her duties that may result in his or her contamination by a serious viral disease, a medical examination and a bloodshed to determine whether that person is not affected by such a disease.
The doctor, nurse or person authorized by the provisions of the Public Health Code, or by the local provisions having the same purpose in New Caledonia and French Polynesia, to perform the acts reserved for these professionals, which is required for this purpose by the judicial police officer, must endeavour to obtain the consent of the individual.
At the request of the victim or where his interest justifies it, this operation may be carried out without the consent of the person concerned on written instructions from the prosecutor of the Republic or the investigating judge who are placed on the record of the proceedings.
The result of the screening is brought, as soon as possible and through a doctor, to the knowledge of the victim.
The refusal to submit to the screening provided for in this article shall be punished by one year's imprisonment and a fine of 15,000 €.
A lArticle 21 of Act No. 95-73 of 21 January 1995 the words "spouses of officers of the National Police of Active Services" are replaced by the words: "spouses and partners linked by a civil pact of solidarity of officials of the active services of the national police and of the national gendarmerie".
I. ― After article 706-75-1 of the Code of Criminal Procedure, an article 706-75-2 is inserted as follows:
"Art. 706-75-2. - By derogation from the provisions of the second paragraph of Article 380-1, in the event of an appeal of a court of siege whose territorial jurisdiction is extended to one or more appeals courts for the judgment of crimes falling within the scope of Article 706-73, with the exception of the 11°, or 706-74, in cases which are or would appear to be of great complexity, the Chamber may designate »
II. [Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2011-625 DC of 10 March 2011. ]
Title IV of Book V of the Construction and Housing Code is thus modified:
1° The single chapter becomes chapter I;
2° It is added a chapter II to read as follows:
“Chapter II
" Furniture of evacuated occupants including housing
has been the subject of a final ban on living
"Art.L. 542-1.-Where the premises of a building that has been subject to a final prohibition of residence under a hazard order, a declaration of unwelcome or, in the event of an emergency, a decision of the competent police authority taken on the basis of the general code of territorial authorities are evacuated, the furniture of the occupant referred to in the first paragraph of section L. 521-1 and having been the subject of the evacuation that is on the premises are accurately described by a judicial officer mandated by the police authority that ordered the evacuation, at the expense of the owner or operator of the building.
"The furniture is then delivered and stored, at the expense of the owner or operator of the building, in an appropriate place designated by the police authority that ordered the evacuation.
"The occupant has a period of one year from the meaning of the act of bailiff to remove his furniture.
"The costs of keeping the stored furniture are borne by the owner or operator until the expiry of the period of withdrawal of the furniture referred to in the third paragraph.
"At the end of this period, the costs of keeping the unremoved furniture may be borne by the occupant.If not, the unremoved furniture are, on the authorization of the judge of the execution of the place of situation of the furniture, sold at public auctions or declared abandoned and destroyed for those who are not likely to be sold, except that the occupant proves by any means that no proposal of relocation made to him. In this case, the occupant's furniture is kept at the owner's or operator's expense until it has been relocated under the conditions set out in sections L. 521-3-1 or L. 521-3-2.
"Art.L. 542-2.-The minutes established pursuant to Article L. 542-1 shall mention, in a case of nullity:
"– an inventory of the moved furniture and those left on the spot by the occupant, indicating that they appear to have a market value or not;
"the place and conditions of access to the premises where they are deposited;
" ― the summons to the evacuated person to withdraw them within the period provided for in section L. 542-1, from the meaning of the act of bail, otherwise the unremoved furniture is, under the conditions established by section L. 542-1, sold to public auctions or declared abandoned and destroyed for those who are not liable to be sold, except for those who are not liable to be sold
"—the summons of the person evacuated to appear before the enforcement judge at a specified date that may not be earlier than the expiry of the time limit, so that it may be decided on the fate of the furniture not removed before the day of the hearing.
"Art.L. 542-3.- Upon the expiry of the period of withdrawal of the furniture provided for in Article L. 542-1, the sale of the furniture not withdrawn at public auction shall be carried out on the authorization of the enforcement judge of the place where they are located, the parties heard or called.
"The enforcement judge may declare abandoned the furniture that is not liable to be sold and order their destruction, except for the documents and documents of a personal nature that are placed under sealed envelope and held for two years by the judicial officer.On the expiry of this period, the judicial officer shall destroy the documents that are kept and shall prepare a record which shall mention the documents destroyed.
"The proceeds of the sale shall be returned to the occupant after deduction of the costs incurred after the expiry of the period of withdrawal of the furniture provided for in section L. 542-1.
"Art.L. 542-4.-Where the owner or operator fails to comply with the obligations set out in this chapter, the police authority having ordered the evacuation shall make the necessary arrangements to ensure these obligations.
"The debt resulting from the substitution of the police authority that ordered the evacuation to the owner or deficient operator is recovered as in respect of direct contributions by the public debtor. »
This Act is applicable throughout the territory of the Republic, subject to the following provisions:
1° Articles 15 and 23, Article 43 II, Articles 86, 97, 101, 107, 108, 109, 110, 116, 117, 119, 120 and 124 are not applicable to Mayotte;
2° Articles 23, 86, 110 and 124 are not applicable to Saint-Barthélemy and Saint-Martin;
3° Articles 15 and 23, the II of Article 69, articles 86, 107 and 108, the 4th of Article 109, articles 110 and 124 are not applicable to Saint-Pierre-et-Miquelon;
4° Articles 7, 15 and 23, II of Article 43, Articles 44, 45, 46, 55, 57, 59, 60, 61, 62, 63, 64, 65 and 67, II of Article 69, Article 70, 2 of Article 74, Articles 76, 77, 78, 79, 81, 83, 84, 116, 86, 87, 89, 91, 94, 96, 97, 101,
5° Articles 7, 15 and 23, Part II of Article 43, Articles 44, 45, 46, 54, 57, 58, 59, 60, 61, 62, 63, 64, 65 and 67, Part II of Article 69, Article 70, Part 2 of Article 74, Articles 76, 77, 78, 79, 85, 86, 87, 116, 96, 97, 101, 117, 106, 107, 108,
6° Articles 7, 15 and 23, Part II of Article 43, Articles 44, 45, 46, 53, 57, 59, 60, 61, 62, 63, 64, 65 and 67, Part II of Article 69, Article 70, Part 2 of Article 74, Articles 76, 77, 78, 79, 85, 86, 89, 91, 94, 96, 97, 101, 104, 105, 106, 107,
7° Sections 7, 15, 23, 29, 30, 31 and 32, Article 43 II, Articles 44, 45, 46, 56, 57, 58, 59, 60, 61, 62, 63, 64 and 65, Article 69 II, Articles 91, 94, 95, 97, 108, 109, 110, 116, 117, 119, 120 and 124 are not applicable in the French Southern and Antarctic Lands.
I. ― The Mayotte Customs Code is amended as follows:
1° Section 41 is amended as follows:
(a) The first draft is as follows:
“1. For the search and recognition of customs offences referred to in articles 282 to 291 and 321, customs officers authorized for this purpose by the Minister of Customs may conduct visits to all places, even private, where goods and documents relating to these offences, as well as goods and assets derived directly or indirectly, may be detained. They're accompanied by a judicial police officer.
"The authorized customs officers may, on the occasion of the visit, proceed to the seizure of goods and documents, regardless of the support, relating to the aforementioned offences. If, on the occasion of a visit authorized under 2 of this article, the authorized officers discover property and assets derived directly or indirectly from the aforementioned offences, they may proceed to their seizure after having informed the judge who has taken the order and who may oppose it by any means. » ;
(b) The seventh paragraph of (a) of 2 is supplemented by a sentence as follows:
"It is pronounced by an express mention of the seizure of property and assets that can come directly or indirectly from the offences whose evidence is sought. » ;
(c) After the eighth preambular paragraph (a), a sub-item shall read:
"If, on the occasion of the visit, the authorized officers discover evidence of the existence in other places of property or assets relating to the actions referred to in 1 they may, upon authorization issued by any means by the judge who has taken the order, proceed immediately to visit these places for the purpose of seizing these assets and assets. Mention of such authorization shall be made to the minutes provided for in (b) of this 2. » ;
(d) The fourth and fifth sub-items of 2 (b) are as follows:
"The record, to which an inventory of the seized goods and documents is annexed, as well as property and assets derived directly or indirectly from the offences sought by the customs officers, the judicial police officer and the persons referred to in the first paragraph of this b is signed; in the event of refusal to sign, mention is made to the record.
"If the on-site inventory presents difficulties, the seized parts, documents, assets and assets are sealed. The occupant of the premises or his representative is advised that he may attend the opening of the seals in the presence of the judicial police officer; the inventory is then established. » ;
(e) The seventh paragraph of the same b is supplemented by a sentence as follows:
"If the judge finds that the property and assets seized do not originate directly or indirectly from the offences that are sought, he or she orders the release of the seizure and the restitution of the property and assets concerned. » ;
2° In the first paragraph of article 282, after the second occurrence of the word "fraud", the words ", of the confiscation of property and assets that are the direct or indirect product of the offence" are inserted;
3° In article 283, after the word: "sented", the words are inserted: "the confiscation of property and assets that are the direct or indirect product of the offence";
4° In article 321, after the word: "fraud", the words are inserted: ", the confiscation of property and assets that are the direct or indirect product of the offence".
II. ― For applicationArticle 64 of the Customs Code in Wallis-et-Futuna, French Polynesia and New Caledonia, in its drafting of this Act, the reference to section 459 is replaced by the reference toArticle 5 of Act No. 66-1008 of 28 December 1966 relating to financial relations with foreigners.
III. ― For the application to Wallis-et-Futuna, French Polynesia and New Caledonia of the 1st of Article 5 of Act No. 66-1008 of 28 December 1966 referred to above, after the word: "fraud" are inserted the words: "from the confiscation of property and assets that are the direct or indirect product of the offence".
I. ― Article 39 of Order No. 2000-371 of 26 April 2000 on the conditions for the entry and residence of foreigners in the Wallis and Futuna Islands is supplemented by a paragraph thus written:
"The aliens who are required to reside in the places that are fixed to them under this section, section 39-1 or section 39-2 and who have not complied with the reporting obligations to the police services and gendarmerie units are liable to one year's imprisonment. »
II. ― Section 41 of Order No. 2000-372 of 26 April 2000 on the conditions for the entry and residence of foreigners in French Polynesia is supplemented by a paragraph thus written:
"The aliens who are required to reside in the places that are fixed to them pursuant to this section, section 41-1 or section 41-2 and who have not complied with the reporting obligations to the police services and gendarmerie units are liable to one year's imprisonment. »
III. ― Article 39 of Order No. 2000-373 of 26 April 2000 on the conditions for the entry and residence of foreigners in Mayotte is supplemented by a paragraph thus written:
"The aliens who are required to reside in the places that are fixed to them under this section, section 39-1 or section 39-2 and who have not complied with the reporting obligations to the police services and gendarmerie units are liable to one year's imprisonment. »
IV. ― Section 41 of Order No. 2002-388 of 20 March 2002 relating to the conditions of entry and residence of foreigners in New Caledonia is supplemented by a paragraph thus written:
"The aliens who are required to reside in the places that are fixed to them pursuant to this section, section 41-1 or section 41-2 and who have not complied with the reporting obligations to the police services and gendarmerie units are liable to one year's imprisonment. »
I. ― Title VI of Order No. 2000-371 of 26 April 2000 above is amended as follows:
1° It is added a 41-1 article as follows:
"Art. 41-1.-The administrative authority may order the placement under mobile electronic surveillance of the foreigner to reside in the places that are fixed to him pursuant to the first and second paragraphs of Article 39 and Article 39-1 if he has been sentenced to a ban on the territory for acts of terrorism under Title II of Book IV of the Criminal Code or if a deportation measure has been imposed on him or her
"This placement is pronounced, after agreement by the foreigner, for a period of three months, which may be extended for the same period without the total duration of the placement exceeding two years.If no extension is granted, the placement under mobile electronic surveillance is terminated.
"The foreigner is at the port, throughout the placement period, of a device integrating a transmitter that allows at any time to remotely determine its location throughout the national territory.
"The implementation of the technical mechanism for remote control can be entrusted to a person of private law authorized under conditions established by decree in the Council of State.
"For the duration of the placement, the administrative authority may, on its own or at the request of the foreigner, amend or supplement the obligations resulting from the placement.
"The failure to comply with the requirements related to electronic surveillance is punishable under the conditions set out in the third paragraph of Article 39. » ;
2° Section 39 is supplemented by a paragraph to read:
"Aliens referred to in Article 41-1 who have not complied with the requirements for electronic surveillance are liable to one year's imprisonment. »
II. ― Title VI of Order No. 2000-372 of 26 April 2000 above is amended as follows:
1° An article 43-1 is added as follows:
"Art. 43-1.-The administrative authority may order the placement under mobile electronic surveillance of the foreigner to reside in the places that are fixed to him under the first and second paragraphs of Article 41 and Article 41-1 if he has been sentenced to a ban on the territory for acts of terrorism under Title II of Book IV of the Criminal Code or if a deportation measure has been imposed against him or her
"This placement is pronounced, after agreement by the foreigner, for a period of three months, which may be extended for the same period without the total duration of the placement exceeding two years.If no extension is granted, the placement under mobile electronic surveillance is terminated.
"The foreigner is at the port, throughout the placement period, of a device integrating a transmitter that allows at any time to remotely determine its location throughout the national territory.
"The implementation of the technical mechanism for remote control can be entrusted to a person of private law authorized under conditions established by decree in the Council of State.
"For the duration of the placement, the administrative authority may, on its own or at the request of the foreigner, amend or supplement the obligations resulting from the placement.
"The failure to comply with the requirements related to electronic surveillance is punishable under the conditions set out in the third paragraph of Article 41. » ;
2° Section 41 is supplemented by a paragraph to read:
"The aliens referred to in section 43-1 who have not complied with the requirements for electronic surveillance are liable to one year's imprisonment. »
III. ― Title VI of Order No. 2000-373 of 26 April 2000 above is amended as follows:
1° It is added a 41-1 article as follows:
"Art. 41-1.-The administrative authority may order the placement under mobile electronic surveillance of the foreigner to reside in the places that are fixed to him pursuant to the first and second paragraphs of Article 39 and Article 39-1 if he has been sentenced to a ban on the territory for acts of terrorism under Title II of Book IV of the Criminal Code or if a deportation measure has been imposed on him or her
"This placement is pronounced, after agreement by the foreigner, for a period of three months, which may be extended for the same period without the total duration of the placement exceeding two years.If no extension is granted, the placement under mobile electronic surveillance is terminated.
"The foreigner is at the port, throughout the placement period, of a device integrating a transmitter that allows at any time to remotely determine its location throughout the national territory.
"The implementation of the technical mechanism for remote control can be entrusted to a person of private law authorized under conditions established by decree in the Council of State.
"For the duration of the placement, the administrative authority may, on its own or at the request of the foreigner, amend or supplement the obligations resulting from the placement.
"The failure to comply with the requirements related to electronic surveillance is punishable under the conditions set out in the third paragraph of Article 39. » ;
2° Section 39 is supplemented by a paragraph to read:
"Aliens referred to in Article 41-1 who have not complied with the requirements for electronic surveillance are liable to one year's imprisonment. »
IV. ― Title VI of Order No. 2002-388 of 20 March 2002 above is amended as follows:
1° An article 43-1 is added as follows:
"Art. 43-1.-The administrative authority may order the placement under mobile electronic surveillance of the foreigner to reside in the places that are fixed to him under the first and second paragraphs of Article 41 and Article 41-1 if he has been sentenced to a ban on the territory for acts of terrorism under Title II of Book IV of the Criminal Code or if a deportation measure has been imposed against him or her
"This placement is pronounced, after agreement by the foreigner, for a period of three months, which may be extended for the same period without the total duration of the placement exceeding two years.If no extension is granted, the placement under mobile electronic surveillance is terminated.
"The foreigner is at the port, throughout the placement period, of a device integrating a transmitter that allows at any time to remotely determine its location throughout the national territory.
"The implementation of the technical mechanism for remote control can be entrusted to a person of private law authorized under conditions established by decree in the Council of State.
"For the duration of the placement, the administrative authority may, on its own or at the request of the foreigner, amend or supplement the obligations resulting from the placement.
"The failure to comply with the requirements related to electronic surveillance is punishable under the conditions set out in the third paragraph of Article 41. » ;
2° Section 41 is supplemented by a paragraph to read:
"The aliens referred to in section 43-1 who have not complied with the requirements for electronic surveillance are liable to one year's imprisonment. »
I. ― The first paragraph of section 39 of Order No. 2000-373 of 26 April 2000 above is supplemented by a sentence as follows:
"If the foreigner poses a serious threat to public order, the administrative authority may cause it to be led by the police or gendarmerie services to the places of assignment. »
II. ― The first paragraph of section 39 of Order No. 2000-371 of 26 April 2000 above is supplemented by a sentence as follows:
"If the foreigner poses a serious threat to public order, the administrative authority may have it led by the gendarmerie services to the places of meeting. »
III. ― The first paragraph of section 41 of Order No. 2000-372 of 26 April 2000 above is supplemented by a sentence as follows:
"If the foreigner poses a serious threat to public order, the administrative authority may cause it to be led by the police or gendarmerie services to the places of assignment. »
IV. ― The first paragraph of section 41 of Order No. 2002-388 of 20 March 2002 above is supplemented by a sentence as follows:
"If the foreigner poses a serious threat to public order, the administrative authority may cause it to be led by the police or gendarmerie services to the places of assignment. »
I. ― The third and final sentences of section 39-2 of Order No. 2000-373 of 26 April 2000 referred to above are as follows:
"The reporting obligations to the police and gendarmerie units as well as the penalties for failure to comply with the requirements of the residential assignment provided for in section 39 are applicable. The measure may be repealed at any time in the event of a breach of these obligations and requirements or new facts that constitute a detrimental behaviour to public order. »
II. ― The third and final sentences of section 39-2 of Order No. 2000-371 of 26 April 2000 referred to above are as follows:
"The obligations to be submitted to the gendarmerie units as well as the penalties for failure to comply with the requirements of the residential assignment provided for in Article 39 are applicable. The measure may be repealed at any time in the event of a breach of these obligations and requirements or new facts that constitute a conduct that is harmful to public order. »
III. ― The third and final sentences of section 41-2 of Order No. 2000-372 of 26 April 2000 referred to above are as follows:
"The reporting obligations to the police and gendarmerie units as well as the penalties for failure to comply with the requirements of the residential assignment provided for in Article 41 are applicable. The measure may be repealed at any time in the event of a breach of these obligations and requirements or new facts that constitute a detrimental behaviour to public order. »
IV. ― The third and final sentences of section 41-2 of Order No. 2002-388 of 20 March 2000 referred to above are as follows:
"The reporting obligations to the police and gendarmerie units as well as the penalties for failure to comply with the requirements of the residential assignment provided for in Article 41 are applicable. The measure may be repealed at any time in the event of a breach of these obligations and requirements or new facts that constitute a detrimental behaviour to public order. »
In article L. 2573-25 of the general code of territorial authorities, after the reference: "L. 2223-19", the words "and the last paragraph of article L. 2223-42".
Chapter IV of Title I of Book VI of the Code of Criminal Procedure is supplemented by article 814-2 as follows:
"Art. 814-2. - In the Wallis and Futuna Islands, if, during the establishment of the death certificate referred to in theArticle 87 of the Civil Code, the identity of the deceased could not be established, the authorization for the closure of the coffin may only be issued after execution, within a time compatible with the time limits governing burial and cremation, of requisitions, if any, by the public prosecutor for the purpose of having the necessary findings and operations to establish the identity of the deceased. »
After Title V of Book III of the Code of the Municipality of New Caledonia, a title VI is re-established as follows:
« TITRE VI
"FUNERAL CIMETTERIES AND OPERATIONS
“Chapter I
« Cemeteries
“Chapter II
« Funeral operations
"Art. L. 362-1. - If, when establishing the death certificate referred to in theArticle 87 of the Civil Code, the identity of the deceased could not be established, the authorization for the closure of the coffin may only be issued after execution, within a time compatible with the time limits governing burial and cremation, of requisitions, if any, by the public prosecutor for the purpose of having the necessary findings and operations to establish the identity of the deceased. »
After Article 6 of Act No. 71-569 of 15 July 1971 on the territory of the French Southern and Antarctic Lands, an article 6-1 is inserted as follows:
"Art. 6-1. - If, when establishing the death certificate referred to in theArticle 87 of the Civil Code, the identity of the deceased could not be established, the authorization for the closure of the coffin may only be issued after execution, within a time compatible with the time limits governing burial and cremation, of requisitions, if any, by the public prosecutor for the purpose of having the necessary findings and operations to establish the identity of the deceased. »
The Penal Code is thus amended:
1° Chapter III of Book VII title I is supplemented by two articles 713-4 and 713-5 as follows:
"Art. 713-4.-For its application in French Polynesia and New Caledonia, Article 226-28 is read as follows:
"Art. 226-28. ― searching for the identification of a person's genetic fingerprints outside of the cases provided for in theArticle 16-11 of the Civil Code is punished by one year in prison and 15,000 € in fine.
"It is punishable by the same penalties to disclose information relating to the identification of a person by his or her genetic fingerprints or to identify a person by his or her genetic fingerprints without being licensed under the local applicable regulations. »
"Art. 713-5.-For its application in Wallis-et-Futuna and in the French Southern and Antarctic Lands, Article 226-28 is thus written:
"Art. 226-28. ― searching for the identification of a person's genetic fingerprints outside of the cases provided for in theArticle 16-11 of the Civil Code is punished by one year in prison and 15,000 € in fine.
"It is punishable by the same penalties to disclose information relating to the identification of a person by his or her genetic fingerprints or to identify a person by his or her genetic fingerprints without being licensed to the licenceArticle L. 1131-3 of the Public Health Code. »
2° Article 723-5 is as follows:
"Art. 723-5.-Article 226-27 is as follows:
"Art. 226-27. ― The conduct, without having collected the consent of the person under the conditions provided by theArticle 16-11 of the Civil Code, its identification by its genetic fingerprints for medical or scientific research purposes or the removal of its biological traces as an ascendant, descendant or collateral for the purposes of the establishment, by its genetic fingerprints, of the identity of a person mentioned in the 3rd of the same article, is punishable by one year's imprisonment and 15,000 € of fine.
"The previous paragraph is not applicable:
« 1° When the study is carried out under a judicial procedure;
« 2° Or where, exceptionally, in the interests of the person and respect for his or her trust, the consent of the person is not collected. »
3° Article 723-6 reads as follows:
"Art. 723-6.-Article 226-28 is as follows:
"Art. 226-28. ― searching for the identification of a person's genetic fingerprints outside of the cases provided for in theArticle 16-11 of the Civil Code is punished by one year in prison and 15,000 € in fine.
"It is punishable by the same penalties to disclose information relating to the identification of a person by his or her genetic fingerprints or to identify a person by his or her genetic fingerprints without being licensed to the licenceArticle L. 1131-3 of the Public Health Code. »
I. ― Article 31 of Act No. 95-73 of 21 January 1995 is amended as follows:
1° In the first paragraph, after the words "as well" are inserted the words: "From the VII of Article 10-1 with regard to French Polynesia, New Caledonia, the Wallis and Futuna Islands and the French Southern and Antarctic Lands,"
2° 2° is thus written:
« 2° In articles 10, 10-1 and 10-2, references to the representative of the State in the department are replaced by the reference to the representative of the State and references to the departmental commission are replaced by the reference to the local commission; »
3° The 3rd is thus written:
« 3° For the purposes of Articles 10 and 10-1 in Wallis-et-Futuna, references to the mayor, the municipality and the municipal council are replaced by the reference to the territorial assembly; »
II. ― Authorities referred to in III of Article 10 of Law No. 95-73 of 21 January 1995 safety direction and programming issued before January 1, 2000 shall be deemed to be maintained in force until January 24, 2012. Those issued between January 1, 2000 and December 31, 2002 are deemed to remain in force until January 24, 2013. Those issued between January 1, 2003 and January 24, 2006 are deemed to remain in force until January 24, 2014.
The road code is thus modified:
1° After the seventh paragraph of articles L. 243-1, L. 244-1 and L. 245-1, it is inserted a 3° as follows:
« 3° The prohibition, for a period of not more than five years, of driving a vehicle that is not equipped, by an approved professional or by construction, with an approved anti-starting device by electronic ethylotest. When this prohibition is imposed at the same time as the penalty for the cancellation or suspension of the driver's licence, it applies, for the period fixed by the court, after the execution of this sentence. » ;
2° At the beginning of articles L. 243-2, L. 244-2 and L. 245-2, the references are inserted: "The articles L. 234-16 and L. 234-17,"
3° After the eighteenth preambular paragraph of Article L. 343-1 and the twenty-first preambular paragraph of Article L. 344-1, a sub-item shall read as follows:
"This section applies to the secured creditor in the event of confiscation of the vehicle that has been used to commit an offence. »
Section 76 applies to offences committed as of January 1, 2011 and to prior offences for which the payment of the lump sum, the issuance of the enforceable title of the lump sum fine, the execution of the criminal composition or the final conviction did not take place.
The Defence Code is amended to read:
1° Articles L. 2431-1 and L. 2451-1 are supplemented by the reference: "and L. 2371-1";
2° At the end of sections L. 2441-1, L. 2461-1 and L. 2471-1, the references: "and L. 2322-1 to L. 2353-13" are replaced by the references: ", L. 2322-1 to L. 2353-13 and L. 2371-1".
I. ― Section 82 of Act No. 2007-297 of 5 March 2007 on the prevention of crime is amended as follows:
1° In I, the reference: "Article 4" is replaced by the references: "Articles 4 and 5";
2° At the beginning of the II, III and IV, is added the reference: "Article 5",
3° One V and one VI are added:
"V. ― For its application in New Caledonia, the first paragraph of Article 5 is as follows:
"It is created within the National Agency for Social Cohesion and Equal Opportunities, created by the Act No. 2006-396 of 31 March 2006 for equality of opportunity, an interdepartmental fund for the prevention of delinquency to fund the implementation of actions within the framework of the crime prevention policy.
"VI. ― For its application in the Wallis and Futuna Islands, the first paragraph of Article 5 is as follows:
"It is created within the National Agency for Social Cohesion and Equal Opportunities, created by the Act No. 2006-396 of 31 March 2006 for equality of opportunity, an interdepartmental fund for the prevention of crime, intended to fund the implementation of actions within the framework of the policy of prevention of crime moderated and coordinated by the senior administrator in application of theArticle 8 of Act No. 61-814 of 29 July 1961 conferring on the Wallis and Futuna islands the status of overseas territory. »
II. ― Book V of the Code of Social Action and Families is thus amended:
1° Title V is supplemented by a chapter III as follows:
“Chapter III
« City policy and social cohesion
"Art.L. 553-1.-The National Agency for Social Cohesion and Equal Opportunities referred to in chapter I, section 6, title II, of Book I may carry out its duties at the request of the competent authorities in the Wallis and Futuna Islands.
"The representative of the State is the local delegate of the agency. It shall exercise the powers set out in the second paragraph of Article L. 121-15. » ;
2° Title VII is supplemented by chapter III, which reads as follows:
“Chapter III
« City policy and social cohesion
"Art.L. 573-1.-The National Agency for Social Cohesion and Equal Opportunities referred to in chapter I, section 6, title II, of Book I may carry out its duties at the request of the competent authorities in New Caledonia.
"The representative of the State is the local delegate of the agency. It shall exercise the powers set out in the second paragraph of Article L. 121-15. »
Article L. 321-7 of the Code of Maritime Ports is amended as follows:
1° The word "chapter" is replaced by the word "title";
2° After the words: "judicial police," the words are inserted: "Customs officers."
Chapter I of Book II title V of Part 5 of the Transport Code is supplemented by an article L. 5251-6 as follows:
"Art.L. 5251-6.-Also have access to vessels for the verification of compliance with the safety provisions applicable to them:
"– the commanders and commanders or second officers of the state buildings;
"—the officers of the national navy performing functions related to the safety and protection of naval elements;
“—the officers or public officials specially commissioned by the department prefect or the marine prefect;
“– Public security officers designated by the Minister responsible for the sea. »
A N N E X E
REPORT ON OBJECTIVES AND MEANS
INLAND SAFETY 2013
AND TO ALL
I. Ensuring security everywhere and for all
a comprehensive approach to security policy
1. Mobilizing all actors to the security of our fellow citizens
2. Better to meet the security needs of different Territories
3. Better mobilization of various responses: prevention, deterrence and repression
4. Better fight against different forms of crime
5. Prepare the future
II. ― Optimizing the action of the internal security forces
Police/gendarmerie reconciliation
1. Optimize operational cooperation and complementarity
2. Systematizing the pooling of human resources resources and management actionsIII. ― Increase the modernization of forces
by fully integrating technological progress
1. More equipped police and gendarmes to deal with new threats
2. New technologies for everyday security
3. Modernization of the population alert system
4. New technologies for victims
5. Modernizing the fleet as part of a sustainable development policy
IV. ― Renovating Resource Management
and organizational modes
1. Put an end to the use of police officers and gendarmes in positions not strictly related to their core business
2. Making real estate a lever of modernization
3. Modernized careers for better-accompanied professionals
The police and gendarmerie forces, in their struggle against all forms of crime, recorded major results between 2002 and 2008. While the total number of crimes and offences recorded a decline of 13.5 per cent, crime of proximity, which is likely to reach the largest number in its daily life, decreased by 34.07 per cent. At the same time, the various indicators for monitoring service activity were indicative of a particularly high level of engagement, with a number of offences revealed by the action of services up by 50.74 per cent, an elucidation rate from 26.27 per cent to 37.61 per cent, a number of persons held in custody up by 51.52 per cent, and a total number of persons questioned, increasing by 29.
The year 2009 revealed new security policy issues. The whole of society is in fact confronted with an evolution of the contemporary world that profoundly alters the approach to security issues and challenges the usual frameworks of action of the police and gendarmerie forces. The state services must respond to an increasingly diverse security demand and the police and gendarmerie must face a triple expectation of the population: waiting for protection, waiting for authority and waiting for justice. This waiting is all the more pressing as the lines move.
Thus, globalization has challenged the very concept of borders and territories, which are crossed by human, material and intangible flows, which are increasingly difficult to control. The "judicialization" of society contributes to making it more complex. At the same time, the evolution of lifestyles, greater mobility or the extension of life expectancy, which contributes to the aging of society, lead to new security needs.
More exposed to risks and threats, our modern societies are more demanding in terms of security and their demand for security increases all the more because insecurity presents a moving and evolving physiognomy. If old forms of crime persist, such as violence against people or trafficking in narcotics products, others, more recent onset, in the field of emerging crime. This is the case, in particular, of cybercrime, but also of criminal activity related to the phenomenon of gangs or the underground economy in its various aspects.
Other concerns take on a new dimension, such as the development of criminal or criminal practices among minors or the facilitation of offenders and criminals through technological advances. This trend is also reinforced by progress in situational prevention as enhanced property protection can lead to increased vulnerability of people.
To cope with this situation requires getting out of traditional thinking patterns, on the one hand by reviewing in detail the modes of action and their effectiveness, on the other hand by working differently and with other actors, whenever necessary. This strategy, first of all, requires a prioritized identification of risks and threats, and then sets targets by delineating the territories concerned, while prioritizing actions to be taken and adapting the way organizations operate.
The aim is to continue to improve the results of crime in order to meet the security needs of persons residing in the territory of the Republic. In a constrained budget situation where everything needs to be done to control public spending, which requires accountability for human resources, performance needs to be improved through the development of innovative legal and technological means.
The action taken to reduce crime and combat all forms of crime is therefore organized according to four main axes. Ensuring security everywhere and for all through a comprehensive approach to security policy
The diversity of risks and threats leads to a comprehensive security policy that exceeds the traditional divide between internal security and external security. This is precisely what the White Paper on Defence and National Security, published in 2008 at the request of the President of the Republic. It is, in fact, to ensure that the community as a whole has an adequate level of prevention and protection against these threats, of whatever nature and in any place they manifest themselves. This means taking into account the scale of the territories that can vary considerably, the impact of different flows on internal security, intelligence to detect the warning signs of crisis and finally natural, accidental or provoked events, which need to know anticipate, manage and master.
Optimize the action of the internal security forces as part of a police/gendarmerie reconciliation based on complementarity, operational cooperation and mutualization of means
La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La Act No. 2009-971 of 3 August 2009 relating to the national gendarmerie guaranteed respect for the identity of both security forces and, in particular, the military identity of the gendarmerie. So there is no merger but a rapprochement. This rapprochement is not synonymous with competition or juxtaposition, but is part of an approach of complementarity and operational efficiency. If tangible results have already been achieved through the pooling of support functions, cooperation must be developed in the operational field, as is already the case in the regional intervention groups (GIR), central offices, the network of internal security officers or the coordination of mobile forces. This synergy and operational complementarity are one of the major challenges of adapting our internal security forces by 2013 and one of the conditions for the sustainable reduction of crime.
Enhancing the modernization of security forces by fully integrating technological advances
This modernization requires the improvement of elucidation capabilities and helps to substitute a culture of proof for a culture of blindness. It aims to increase the performance of prevention, detection and protection tools in order to adapt to new threats and emerging forms of crime. In particular, it will ensure that new tools are made available to investigators to combat serial offences and organized crime.
This modernization also focuses on the protection of police and gendarmes, the strengthening of technical and scientific police and the development of technical investigation, collection and processing tools. It also aims to systematize the use of video means, to equip services with new types of equipment and weapons, in particular the means of intermediate force, to strengthen the means of combating cybercrime and to intensify the use of air assets.
Renovating human resources management and organizational modes
The evolution of organizational and material resources management must be consistent with the evolution of society. It is therefore appropriate to:
― to increase recruitment to all categories of the population,
― to develop the logics of permanent training, validation of achievements and social promotion,
― to allow loyalty to difficult areas by increasing social support efforts, including through privileged access to housing, whether through moderate rent housing or through social ownership,
― favoring functional logics and business lines in the organization of services; as such, the renovation of the human resources management of the national police force moves at the central level by merging the two branches of administration and training and at the level decicented by the development of service projects,
― modernizing territorial mesh at the service of security on a daily basis, with a view to ensuring the equality of all citizens before the right to security.
The National Police's "body and careers" protocol will naturally continue to be implemented, as planned, until 2012. The gendarmerie will set up the new "defense" indiciary grid and will adhere to the schedule and objectives of the Grade Adjustment Plan to responsibilities (GREPA), by 2012.
The Guidance and Programming Act for Internal Security (LOPSI) 2003-2007 had programmed, for the police, 2,750 million euros, the bulk of which (57 per cent) for the credits of title 2 and, for the gendarmerie, 2,800 million euros (40 per cent of the credits of title 2).
The payment credits for the "Security" and "Civil Security" missions, excluding pension expenses, will evolve over the period 2009-2013, subject to the provisions of the Financial Laws and the Financial Regulations, in accordance with the following table:
(In millions of euros)
| Security | 11 456 | 11 437 | 11 526 | 11 478 | 11 451 |
| Civil security | 381 | 381 | 393 | 405 | 415 |
| Total | 11 837 | 11 818 | 11 919 | 11 883 | 11 866 |
(In millions of euros)
| Part 2 | 67 | 124 | 192 | 241 | 282 | 906 |
| Other title 2 | 120 | 251 | 332 | 264 | 283 | 1 250 |
| Total | 187 | 375 | 524 | 505 | 565 | 2 156 |
I. Ensuring security everywhere and for all
a comprehensive approach to security policy
Ensuring security everywhere and for all is a mission whose primary responsibility lies with the police and the national gendarmerie. But taking into account the new challenges requires recomposing the general architecture of security, with a better division of tasks between the actors concerned to clarify the missions of one and another and refocusing police and gendarmes on their core business. This involves mobilizing all resources within territories with redefinite perimeters and bringing together the various responses, whether preventive, deterrent or repressive. The global approach to security issues necessarily leads to a cross-cutting and partnership policy.
1. Mobilize all actors at the service
Security of our fellow citizens
The need to provide a comprehensive response to security issues first leads to the establishment and development of interdepartmental action procedures.
Several have recently been engaged or comforted. Thus, a joint circular was signed on September 23, 2009 with the Minister for National Education to strengthen the security of schools. It provides, inter alia, to increase security operations in the vicinity of institutions and to generalize the practice of safety diagnostics, possibly supplemented with safety diagnostics, including preconizations, such as the development of video protection, must be implemented to strengthen the situational prevention of high schools and colleges.
The same day was signed, with the minister responsible for the budget, a protocol specifying the modalities of the involvement of fifty IRS agents in the fight against the underground economy in certain areas, in close collaboration with the police and gendarmerie services. The objective is to "recover" undeclared lucrative activities that allow some traffickers to display a life train without common measure with the revenues they are supposed to officially perceive. In this context, in conjunction with the judicial authority, the use of the seizure procedure will be developed.
Similarly, an operational reconciliation, particularly with regard to the fight against drug trafficking, will be carried out between the customs services, on the one hand, and the national police and gendarmerie services, on the other.
At the same time, cooperation between the prefects and the prosecutors of the Republic was strengthened with the establishment of the security staff in the summer of 2009. Prefects and prosecutors gather together and each month the departmental security staff responsible for activating security policies in each department.
This partenarial work must be intensified and extended to all institutional actors interested in security issues.
Mayors have a key role to play in the prevention of delinquency and this is not a subsidiary action to combat insecurity, but a full-fledged mode of action. The mobilization of all actors in the prevention chain is a fundamental success factor. The National Plan for the Prevention of Crime and Victim Assistance, presented on 2 October 2009, aims to exploit all possibilities offered by the Act No. 2007-297 of 5 March 2007 on the prevention of crime. It aims, among other things, to better coordinate the action of local prevention actors, placing the mayor at the heart of the system.
It is in the same spirit that must be systematized and developed complementarity with municipal polices. They play an essential role in the field of community security and the modalities of their cooperation with police and gendarmerie services must be clarified through, inter alia, a new framework convention. Indeed, if they are an important link in the internal security chain, their missions, organizational modes and their means have a great heterogeneity.
Private security companies have also become a full-fledged actor of internal security. They intervene in areas where certain competences can be shared or even delegated by the State. But this division of tasks must be done in transparency and in perfect complementarity between clearly identified actors. In this regard, the scope of the operational partnership to be developed between the Ministry of the Interior and representatives of the private security sector should be defined, in accordance with a triple requirement of ethics, competence and control of the sectors so delegated to the private sector.
As security is the case of all, the mobilization must also extend to all citizens, that they participate in neighbourhood meetings facilitated by the police or the gendarmes, that they are more actively involved in the voluntary service of the national police or that they join the "citizen participation" system developed by the national gendarmerie.
2. Better to meet security needs
of the various Territories
The changes in recent years have seen a different organization of delinquency that has not waited to adapt to new levels of population, communication networks and modes of transport, which have long been eroding administrative boundaries.
As crime has become more moving, delinquency basins have emerged, drawing areas including crime commission locations and those where the perpetrators are usually resident, without necessarily concordance with the administrative boundaries of the electoral district, the brigade or even the department. Nevertheless, it is important that the security forces be able to prevent these criminal acts and, as soon as they have been committed, to prosecute their perpetrators, without the territorial administrative limits taking action.
The fine analysis of the nature, volume and frequency of delinquency acts, as well as the amplitude of the mobility of their authors, has helped to build a map defining the contours of the basins in which the action of the security forces must be organized more efficiently, under a single and coherent command.
It is on the basis of this observation that the "agglomeration police" was set up in Paris on 14 September 2009. The aim was to implement an integration of the police organization at the Paris level and the three departments of the small crown (Hauts-de-Seine, Seine-Saint-Denis, Val-de-Marne), i.e. on a territory that constitutes a continuous urban area, with limited dimensions and with high population density.
This agglomeration police, placed under the authority of the police prefect, promotes, through the pooling of projectable units and reinforcements, an optimization of police presence on the public road, at times and in places where crime is the strongest. By enabling police services to act more effectively, it improves security conditions throughout the Paris agglomeration.
Elsewhere in France are urban areas that are far beyond the administrative limits of the central municipalities, population flows are becoming more densifying and accelerating thanks, in particular, to the important development of transport networks. These flows also concern delinquency that benefits from the same mobility facilities. It was therefore decided to extend the system of the agglomeration police to other major cities such as Lille, Lyon and Marseille. In fact, in order to more effectively combat the phenomenon of crime, every day more mobile, a supra-communal organization must be established that takes into account this new reality of agglomeration and, if possible, entrust it to a single force. When the territories continue to rise from different forces, there is a natural need for greater cooperation between police and gendarmerie. This cooperation must be of primary importance in peri-urban areas, which constitute buffer zones between the city and the depth of the territories. This major evolution in the approach to security issues is intended to extend to other agglomerations. Moreover, the logic that presides over the organization of the police forces in the major cities must also inspire the evolution of the device in the rest of the territory where there is a legacy of the history that needs to be improved by bringing the necessary modifications. Security must be apprehended, today, from a global perspective and citizens who do not live in the major cities, who circulate or temporarily stay out of them, must benefit from an equal level of security.
A static vision of safe geography must be a substitute for a dynamic vision. Like the agglomeration police, the territorial police must implement, together with the national gendarmerie forces, a homogeneous security strategy for the benefit of the population spread over large and heterogeneous territories.
The territorial police must be able to control large areas, consisting of small towns, peri-urban areas and rural areas, as well as national and international flows of people and goods passing through them. It must be in constant contact with a dispersed population. While relying on the mesh of the brigades and the integrated organisation of the gendarmerie, it must promote the subsidiarity and mobility of the units called to intervene outside their usual scope of action.
Agglomeration police, territorial police and territorial coherence whenever necessary will constitute the key elements of the action taken to adapt the police and gendarmerie forces to the new crime basins.
3. Better mobilize the various responses:
prevention, deterrence and repression
There can only be effective action against delinquency provided that it acts in a coherent and combined manner on the different levers of prevention, deterrence and repression, without omitting the communication that makes it possible to explain the reasons for choosing the mode of intervention.
Security is a chain that goes from the prevention of crime to the effective execution of a sentence, but also to the reintegration of the offender once his sentence has been executed. Prevention must therefore be considered as one of the essential components of the fight against crime. The implementation, as of January 1, 2010, of the provisions of the National Plan for the Prevention of Crime and Victim Assistance allows the mobilization of all actors in the prevention chain and to exploit all the possibilities offered by the prevention chain Act No. 2007-297 of 5 March 2007 referred to above. This mobilization focuses on both procedures and renewed objectives, in simple, operational and effective ways. The mayors are called upon to play a fundamental role in the coordination of the various local actors, particularly within the framework of local security and crime prevention councils. They're at the heart of the device.
Among the objectives of this government plan is the development of video protection, in association with the mayors. Videoprotection has a certain preventive and deterrent effect and its exploitation facilitates the identification of offenders. In fact, a majority of French people support the installation of cameras to improve overall security. According to a report of the general inspection of the administration (July 2009), crimes and offences fall, in fact, twice as fast in equipped cities as in those where no device is installed. The objective is to triple in two years the number of cameras installed on the public track (about 20,000 in 2009).
This is the same concern for better coordination of the different levers of prevention, deterrence and repression that led to the establishment of the departmental security staff. In order to improve and make the fight against delinquency more effective, it was important to ensure that there is a true continuity between the action carried out under the responsibility of the prefectural authority and that under the judicial authority. The operational body of the Departmental Security Committee, the Departmental Security Staff, under the joint presidency of the Prefect and the Attorney of the Republic, allows for a more focused and coordinated response to local action against various criminal and criminal phenomena.
To act effectively against delinquency is, also, to mobilize all legal resources that can help the actions of the police and gendarmerie. These include administrative police measures. They are a means of action that is proven to be useful, whether it is the general police powers of the mayor and/or the prefect, or whether they relate to more specialized areas such as drinking rates, night-time facilities, festivities, grinding, vacuum-crackers, wind deposits or the security of institutions receiving the public.
Beyond the mobilization of existing legal instruments, legislation and regulations must be adapted to the security needs and the evolution of crime. The expectations of our fellow citizens are changing, security needs are changing, the law must also evolve. It is all the ambition of this Act that specifically aims to strengthen the protection of citizens and national tranquility. New legal means will be put in place, such as the one for the more severe suppression of burglaries or attacks by older persons, or those for police and gendarmerie to have legal instruments better adapted to new forms of crime or technological opportunities.
4. Better fight against different forms
delinquency
Police and gendarmerie services must be able to cope more effectively with the various forms of existing crime, just as they must be in a position to take into account emerging forms of crime, such as cybercrime. The action of the security forces is indeed part of a moving and uncertain environment, because the phenomenon of delinquency is both evolutionary and proteiform. Delinquency presents an increasingly diverse physiognomy, whether it is the offenders themselves, with the increasingly important part taken by minors or young women, or modes of operation that adapt in real time to technological developments or to the modes of intervention of the security forces.
The need is to strengthen action in three priority areas: the fight against drug trafficking, the fight against violence against people, and especially against gangs, and finally juvenile delinquency.
* Drug trafficking is a real scourge by the nature of the problems they generate. They first corrupt young people, promote the development of an increasingly powerful underground economy, and generate many delinquency acts that can go to the professionalization of certain criminal networks.
As a result, the overall plan to combat drug trafficking provides for action against both large traffickers and local traffickers. On December 11, 2009, a secretary-general was appointed to the Minister of the Interior to define and implement the drug trafficking policy as part of a very close interdepartmental action. The implementation of this plan requires full involvement of departmental security staff, in order to decline, at the territorial level, the provisions of the national plan. The action is organized on the basis of the development of a precise map of the territories where traffic flows. "Poings" operations are organized in the neighbourhoods most affected by the phenomenon in order to destabilize traffickers and to reduce traffic in proximity, especially in the vicinity of schools.
If this plan calls for greater mobilization of existing structures with, in particular, a refocusing of the activity of regional intervention groups (IRGs), it also plans to strengthen the means:
- human beings, including the assignment, since 1 December 2009, of fifty tax inspectors within the "quoted groups" of the police and gendarmerie services, or the creation of new cynophile units;
technological, in the areas, in particular, of geolocation and remote sensing;
― or legal, with the creation of an appropriate legal framework to improve the circulation and sharing of information between the relevant administrative, police and judicial departments and to share information subject to professional secrecy, to facilitate the identification and seizure of criminal assets.
This arsenal is complemented by an important European and international component, not only in harmonizing legislation and professional practices, but also in exchanging operational information needed to combat international traffic.
* The fight against violence against persons is a major concern, as it seems difficult to carry out, at least for certain components of this aggregate. This is the case, in particular, of intra-family violence on which police or gendarmerie services have only minimal influence, as long as they take place in the privacy of the family home and they are not reported. It is by improving the conditions of reception in police stations and brigades and by helping and accompanying those who have the courage to break the law of silence that will be able to improve the prevention of these behaviours and to be more effective in the suppression of the perpetrators of these acts of abuse. The establishment of family protection brigades in October 2009 aims to better cope with these difficult situations that affect particularly vulnerable audiences such as battered women, minors who are victims of violence and abused elderly people.
But harm to physical integrity is also, and too often, the fact of gangs, more or less organized, that terrorize a neighbourhood, a building and/or a means of transport and try to impose by violence their own vision of the world. Combating this phenomenon closely linked to drugs and the underground economy is an absolute necessity. As early as October 2009, special band investigation groups were established in the thirty-four departments most affected by urban violence and referents were designated in all other services. In addition, the creation of a personal data processing on the prevention of violations of public security has made it possible to carry out more effectively the mission of preventing violence and thus to better combat gangs. In the Paris region, the implementation of the agglomeration police that coordinates the action of 33,000 police officers under the single command of the police prefect facilitates operational synergies and strengthens the efficiency of services in the fight against violence and gangs. Finally, the criminalization of membership in a violent band will usefully complement the legislative arsenal in this area.
* Juvenile delinquency is the third axis on which the security forces must make their efforts. Indeed, the proportion of minors in general delinquency is 18%. The total number of minors involved increased by 15.21 per cent between 2002 and 2008. Moreover, these juvenile offenders are increasingly young. The majority of these minors are involved in deteriorating, robbing, assaulting or violating drug law. La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La Act No. 2007-297 of 5 March 2007 referred to above Establishes a general framework for action to combat the banalization of violence, from the incivilities in school to gang-to-band fighting. In addition to the activity of family protection brigades and juvenile crime prevention brigades, police-youth correspondents and correspondents develop preventive actions towards youth. The school security correspondents also fulfill this role as part of the partnership with national education. Police and anti-drug trainers sensitize young people in schools. The concept of sanctuarization of the school space (SAGES) established by the gendarmerie contributes to improving the safety of the most sensitive institutions. The National Plan for the Prevention of Crime and Victim Assistance 2010-2012 provides for a battery of measures to better prevent juvenile delinquency, including those who are disbanded. These include the systematization of the exchange of information between the actors concerned to facilitate the identification of minors whose situation is of concern with regard to the risk of going to the act or of recidivism, as well as the strengthening of the collaboration between the institutions to ensure a prompt and appropriate response to the minors concerned and their families. Family protection brigades are mobilized within the framework of this plan, with a view to initiating and administering preventive actions. More deterrent measures are under consideration, such as allowing prefects to decide on a targeted curfew for minors aged 13 years.
5. Prepare the future
First, it is a matter of ensuring that security forces can adapt to the evolutions of crime related to new technologies. This goes through both research, but also through the acquisition of new equipment and training of staff. The development of new technologies must be used in all areas relevant to the activity of services, both in general security missions and in the field of counter-terrorism or judicial investigation: processing of information and technical data, means of communication, observation and registration, video protection, biometrics, rolling stock, air and nautical means, signalling systems, weapons, protective equipment...
The preparation of the future also requires strengthening the protection of the territory and the population, both in France and abroad, on the one hand, against terrorist or extremist threats and, on the other hand, against the new forms of insecurity that may develop at the global level. Economic globalization already allows for the spread of organized crime; the multiplication of external conflicts carries the threat of a possible transposition on our territory; critical infrastructure of vital importance are potential targets for criminal organizations and cyberspace becomes the field of action of criminals of all kinds. Vigilance is therefore rigorous and must remain tense towards the detection of weak signals, precursors or announcing imminent threats or crises.
Other vulnerabilities, linked to social and social developments, are to be taken into account now. This is precisely the case of demographic aging that gives rise to new fragility. Older people are, in particular, privileged targets in the development of scams and itinerant crime. In addition, they are much more prone to the pressures and demands of their surroundings, as they are more exposed to health and social offences in specialized or home-based institutions. This particular issue was the subject of a temporary mission entrusted by the Prime Minister to Mr.Edouard Courtial, Member of Parliament, to analyse the security needs related to population ageing and to propose an action plan.
Preparing for the future is also developing new relationships between security forces and the population. Only exemplary police and gendarmerie, i.e. acting in respect of republican values, can be effective. This efficiency lies in the quality of the response that both forces bring to the expectations of the social body they carry out and that has invested them. Ethics is therefore at the heart of the relationship between security forces and citizens. It is because ethics is and will be respected that a true relationship of trust with the population will be established. It is respect for ethics that allows to affirm the meaning of discernment and to strengthen the ethics of responsibility, the professionalism of the police and the gendarmes.
The quality of this relationship with the population will be all the more important because the victims will be taken care of with all the considerations they owe. Victim assistance is one of the four priorities of the national crime prevention plan. It is within this framework that the system of social stakeholders will be developed in the police and gendarmerie services, as well as the permanences of victim assistance associations. The experimentation of the online pre-platform and, where appropriate, its extension, can help to improve the reception of victims by facilitating user approaches, and new initiatives will be taken to foster dialogue between security forces and the population and, in particular, with youth.
Every year, the National Observatory for Crime and Criminal Response (ONDRP) will conduct a national victimization survey, in conjunction with the National Institute of Statistics and Economic Studies, which will be published.
Finally, the existing statistical statements will be enriched in their content and adapted in their presentation. At the end of the reflection with the NPRI, new tools will be offered that will not only provide a relevant communication support, but also the means to better measure the expectations of the population and to allow for a more complete management of the activity of the services, as well as appropriate indicators to assess the performance of the various services and key players, and concrete results in the fight against insecurity.
II. ― Optimize the action of the internal security forces as part of the police/gendarmerie reconciliation
The National Gendarmerie has been placed under the functional authority of the Minister of the Interior since May 15, 2002 for its internal security missions. La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La Act No. 2009-971 of 3 August 2009 referred to above sealed its organic attachment, while ensuring the military status of the gendarmerie. The rapprochement of the two forces under one and the same commandment is a major and structuring reform for the years to come. It is not a matter of establishing competition between police and gendarmerie, but of developing complementarities for an essentially operational purpose. The objective is, in fact, to give more efficiency to security devices, certainly by pooling means, but above all by developing synergies and strengthening territorial control. Many have already been undertaken in this sense, but symbiosis can only be effective if it is progressive and resolved during the period covered by LOPPSI.
1. Optimize cooperation
and operational complementarity
Cooperation must be developed in the operational area, as is already the case in regional intervention groups (IRGs), central offices, the network of internal security officers or the coordination of mobile forces.
A systematic analysis of the operational skills and actions of both forces has been undertaken. It must result in an organization of the internal security forces that is best suited to operational effectiveness in the various areas of activity, such as intelligence, general security, public order, judicial police or international cooperation. This schema, which will tend to reduce duplication and redundancy, will propose, as the case may be, to designate a pilot direction, to establish a common action structure, to develop a cooperation protocol or to identify common employment doctrines or rules of action. This approach taken in the second half of 2009 will be completed in 2010. Already, it was decided to create a common structure of action in the field of international cooperation. In addition, information and command systems and internal security technologies directly involved in the effectiveness and modernization of forces, it was decided to create a common structure to foster synergies.
Beyond these adjustments, a more comprehensive approach will be undertaken in terms of the organization, territorial coverage and operation of the internal security forces.
Thus, the resources of the police and the gendarmerie must be optimized to meet the expectations of the population by taking into account the reality of crime and its evolution. The effort must focus on the search for the best adaptation, locally, of the device while preserving the trusted links with the population, improving the ability to fight the various forms of insecurity and building on the development of new technologies.
The implementation of the redeployment of public security zones between the two forces, coupled with the evolution of the charges to which the gendarmerie and the police will face, will require an adaptation of the organizational and operational modes. The regulatory framework governing the territorial jurisdiction of the gendarmerie and the national police will be developed to ensure greater operational coherence to cover the various crime basins.
Custody and escort missions to the administrative detention centres (CRAs) will be fully transferred to the police at the border; the structure of the mobile forces of the gendarmerie will be adapted to take account of this transfer. More generally, the evolution of the missions of the mobile forces of the gendarmerie and the police will make it necessary to adapt their conditions of employment.
While ensuring the quality of the security offer equals according to the organisational and operating mode of each force, attention will be paid in particular to a rebalancing of the means between the territories. Response times must remain adapted to the nature of the zones, the number and frequency of the requests.
Drawing on the lessons learned from the generalization of the various automated controls, the terms and conditions of use of specialised road safety units will also be redesigned and a special effort will be devoted to the so-called secondary network.
2. Systematizing the pooling of human resources resources and management actions
In terms of operational support, the fight against urban violence, serious public disorders and illegal immigration imposes the intensification of the use of specialized means.
In this context, in order to optimize the use of equipment whose acquisition and maintenance costs are particularly high, the air and nautical means, the armoured vehicles and fire vans of the police and the gendarmerie will be engaged for the benefit of both forces. Police fingerprint markers may be opened to gendarmerie services in some departments.
To do this, protocols will be systematically established to offset costs associated with increased activity, coordinate the engagement of these means and ensure optimal responsiveness.
Convergence will be actively engaged in automotive equipment and communication. The two operational forces will build massively on-board systems in response vehicles.
After the completion of the deployment of the police communication network (ACROPOL), a convergence of the new communication vectors of the various internal security services will need to be sought for a complete interoperability, eventually, of their transmission networks. Networks will be gradually opened to other services that contribute to security within the available resources of the network. Operational management modalities will be determined to manage the sharing of resources of ACROPOL (mobile police and gendarmerie) and ANTARES (communication network of departmental fire and rescue and civil security services) as part of the development of a shared telecommunications infrastructure.
On the basis of these networks, police information and command centres (ICCs) will be upgraded to provide optimum reactivity to forces. With regard to the gendarmerie forces, the continuation of the departmental information centralization system COG RENS (ATHENA project supported by the RUBIS network) will offer similar features.
The optimization of logistical means of transport will be ensured between the gendarmerie and the police at the national and local levels.
Civil security will be fully associated with this approach, including aircraft, bases and maintenance policy. In accordance with operational objectives, this mutualization will be particularly sought overseas, where the Ministry of Interior, Overseas and Territorial Communities will be entrusted with new responsibilities in place of the armies starting in 2012.
The area of support services is a privileged pooling field between police and gendarmerie, including real estate, training, equipment and automotive maintenance, technical and scientific police, NRBC risk (nuclear, radioactive, bacteriological and chemical).
Mutualize real estate
With regard to real estate, the redeployment of jurisdictional areas between police and gendarmerie over the next five years will lead to the sharing of real estate sites according to the nature of the relevant future services.
This redeployment of jurisdictional areas will be accompanied by a reorganization of the conduct of operations. The General Secretariats for the Administration of Police (SGAP) are called upon to become the Common Law Builder Services for the entire Ministry of Interior, Overseas and Territorial Communities. As to the definition and implementation of the police and gendarmerie real estate policy, they are entrusted to the secretary general of the ministry on the basis of the priorities defined by the two branches concerned.
An experiment to pool and outsourcing infrastructure maintenance is currently being conducted in Auvergne and Limousin regions. The results of this experiment will lead to an extension of the device to other regions.
Common means of training
The use of a common training centre for the fight against urban violence will be promoted in the context of the development of European standards, which have already been initiated, for example, with the National Training Centre for the Saint-Astier Gendarmerie Forces (Dordogne).
Similarly, training in specialties common to the police and the gendarmerie may be shared in the same school or centre.
Mutualize automotive equipment and support
With the exception, the pooling of purchases, equipment and automotive support is now the rule between the two forces.
In terms of clothing, the national police outsourced this benefit. The National Gendarmerie will implement modalities to outsource the management of its clothing.
The new logistics site of the Limoges National Police will now provide support for weapons and the transformation of specific vehicles for both forces.
Its activities are complemented by the site of the National Gendarmerie du Blanc (Indre) which specializes in support of the effects of protective equipment and the sharing of equipment transport in metropolis and overseas.
The complementarity of these two sites will make the cooperation between the two forces more efficient, starting with the mutualization of the reconditioning chain of the bulletproof vests in white.
The broadcasting service of the gendarmerie of Limoges operates for the benefit of both forces.
On the entire territory, police and gendarmerie have undertaken actions to pool their car support workshops. More than seventy projects are currently under study, which will be declined in zonal plans for the pooling of automotive support.
Finally, the transfer of mutualized contracts of specific vehicles has enabled the police and the gendarmerie to optimize their purchase and maintenance costs.
The joint definition of future vehicles will enable financial optimization in procurement, but also a rationalization already undertaken in mutual support.
Technical and scientific police complementarity
In the field of technical and scientific police, a technical complementarity of the interventions will be organized, based on the research of the highest level of professionalism available in a given territory, like the National Disaster Victim Identification Unit (UNIVC). Similarly, the harmonization of advanced technologies used and their concentration on unique sites specializing in particular domains will be reviewed and implemented as appropriate. Technical complementarity may be explored in some departments in the area of research and index processing in local technical trays. Occasional experiments may be proposed to assess their potential.
Shared risk management NRBC
As the White Paper on Defence and Security has emphasized, the evolution of NRBC threats and risks (nuclear, radioactive, bacteriological and chemical) requires improving and strengthening the coordination of protection capacities and conducting research and equipment programs.
This effort is first and foremost for the civil security leadership. It will need to have mobile capabilities to identify chemical and biological agents. Thus, the goal of a fleet of 16 vehicles for biological and chemical detection, sampling and identification, and its evolution as progresses, is to ensure coverage of the sixteen major metropolitan areas. In addition, the number of mobile decontamination chains will be tripled (68 in 2008) by 2013, with special attention to the means available in overseas departments and communities (DOM-COM).
Thus, the interoperability between the interdepartmental central detachment (DCI), responsible for the technical intervention on any equipment, and the police and gendarmerie intervention units, whose action is directed against the perpetrators of a terrorist threat, will be developed. This complementarity must be obtained and exploited both during preventive phases (detection, securing of places, protection of potential targets) and during intervention phases (neutralization of the threat of human origin, dismantling of the NRBC machine) or judicial police (preservation of evidence), ensuring continuity of operations.
Finally, according to the preconizations of the white paper, will be planned the creation of a national NRBC training centre. This centre will be designed to bring together all the services, both civilian and military, which may be involved. It must thus help to strengthen the effectiveness of the State.
Mutualizing human resources management actions
In addition to the approaches already undertaken for mutualization in the logistics field, other forms of partnership will be explored, including some aspects of recruitment and training, as well as some measures related to the support of volunteer deputy gendarmes and security assistants.
With regard to recruitment, the partnership must allow economies of scale. Thus, in keeping with the conditions of employment attached to the state of military or civil servant, the coherence and complementarity of the recruitment mechanisms of the two institutions, in the material organization of the selection, will be sought. In addition, the technical and administrative support jobs of both forces are the same functional logic and require the recruitment of officers with identical qualifications.
The gendarmerie, which will greatly expand the use of civilian personnel on the occasion of LOPPSI, will use departmental means to train its new employees.
The training of divers of both security forces will be provided in the existing Gendarmerie Centre in Antibes. Projects for the pooling of the training centers of the masters and motorcyclists are currently under study, with expertise in the feasibility of grouping operations being underway. The police, in close coordination with the gendarmerie, will provide specialized training in information and situational prevention. Finally, the logic of accompaniment of volunteer deputy gendarmes and security assistants in their search for employment after their successive contracts is developed by both security forces. This approach will be closely coordinated.
III. ― Increase the modernization of forces
by fully integrating technological progress
1. More equipped police and gendarmes
to address new threats
More protective outfits
The phenomenon of urban violence and the assaults directed against law enforcement forces, increasingly by use of firearms, make it necessary for the continued adaptation of police and gendarmerie equipment. The requirements are increased for the strength of the materials used for the outfits as well as for the vehicles: new textiles, new materials for the bumper effects, helmets, visors, shields, etc.
The increasing risks to which police officers are exposed justify moving from a collective staffing logic to an individual headphone staffing regime. With this in mind, 40,000 helmets will be acquired to complete police equipment by the end of 2010.
The mobile gendarmerie's military will be equipped with a new generation, modular design (insertion of flexible or rigid hulls as needed, protection against the projections of corrosive products), while maintaining a certain comfort thanks, in particular, to better thermal insulation. In addition, 4,000 bullet-proof vests, as well as tin-tanks and port caps for the gendarmerie's surveillance and intervention trays (PSIG) will improve the individual protection of the departmental gendarmes serving in the most exposed areas.
Graduated means of intervention, including intermediate means of force
Since 1995, the police and gendarmerie have equipped 44 millimetres calibre Flash Ball Super Pro and the dispersion grenade.
Since 2006, they have jointly initiated procedures for the acquisition of the electric pulse pistol, the defence ball launcher (LBD 40 × 46 millimetres) and the interception device for motor vehicles allowing the safe neutralization of a vehicle by the progressive deflating of the tyres.
Within the gendarmerie, the deployment of ten mobile firing stands (in mutualization with the national police) in the training centres and the most sensitive departments (also shared with the national police) will improve the control of endowment weapons.
The 40 × 46-millimetre defence launcher will be generalized by the acquisition of 4,300 additional equipment for specialized police units (2,500) and the national gendarmerie (1,800).
Various equipment, weapons and ammunition will be developed in partnership to diversify the response to violence: scoring ammunition, tear-gas, kinetics, dazzling, incapacitating, assuring. Particular attention will be given to the development of new technologies (sound generators, electric ammunition...).
The equipment of the mobile gendarmerie in heavy means of clearance and support for displacement (engine of EGAME engineering) as well as the neutralization of axes (dispositive of the DRAP public in the category of deck bars) will be continued.
Observation methods adapted to night intervention in urban areas
Discreet equipment for intelligence or investigative services will enable participation in criminal and violent facts based on digital recordings.
Automotive equipment, an instrument to combat crime
In order to prevent any disputes over the procedure for the intervention of law enforcement officials, the experimentation of video in light vehicles, initiated in 2006 in the national police and gendarmerie, will be extended. This technological advance, coupled with the rise in power of the police information and command centres and the gendarmerie operational centres, will allow for a real-time piloting of the national police force and the national gendarmerie patrols.
The car park will adapt to urban violence. For example, the national police response companies will have vehicles that are tailored to the nature of their missions and the risks to which the personnel are exposed.
Police and gendarmes, including those required to intervene in sensitive areas, will be equipped with vehicles with enhanced manoeuvrability and protection, including permanent liaison arrangements between onboard and ground personnel.
2. New technologies
for the Safety of the Daily
Beyond the continuation of existing programs, new programs for a technological break will be developed, including video protection, biometrics, drone-type air assets and information processing tools.
New technologies on board for more efficient employment
They offer, thanks to the security and development of data transmission, tools for consulting files and field controls that allow police and gendarmes to be more effective in their control work, but also more responsive to the population.
With this in mind, on-board computers in police vehicles will be developed to facilitate consultation of remote files.
By 2013, the entire fleet of vehicles screened for public safety and SRCs (10,000 vehicles) will be equipped with multi-purpose on-board terminals. In 2009, the National Gendarmerie completed the equipment of the on-board computer terminals (TIE) of 6,500 vehicles and 500 motorcycles.
Automatic reading of registration plates
The mechanism provided for by the Anti-Terrorism Act of January 2006, which is currently being tested, will be deployed by the police and the gendarmerie. Customs will join the program that will be made up of fixed and mobile systems. A central system will specifically address data related to combating terrorism and organized crime. 500 vehicles will be equipped with the mobile device.
Strengthening intelligence and counter-terrorism
The collection of information and data processing will be promoted to detect weak signals upstream of the attack commission. Operational search tools, text analysis and databases and the fight against NRBC terrorism are all development axes. The equipment effort also focuses on the capture of new miniaturized generation, the processing of technical data related to telephony and the use of IP networks, interception and cross-border intelligence.
The counter-intelligence capacity will also be enhanced by the deployment of more efficient scanners, the interception and interference of mobile and satellite phones.
A more widely used video
The use of video will be intensified to improve the effectiveness of police action with the development of modern and standardized video protection, embedded cameras, video tools to combat urban violence, etc.
The main issue will be to process the information and integrate software intelligence into all video streams that can provide rapid responses to prevent the offence or provide useful elements to investigators. Operating tools will be put in place at the national and local levels. In particular, the use of post-attack massive data will be the subject of a dedicated project.
A video protection development plan is being rolled out by the Ministry of Interior, Overseas and Territorial Communities to triple (from 20,000 to 60,000) the number of cameras on the public track and allow police and gendarmerie to access the images. In 2009, 75 cities received financial support from the Interdepartmental Crime Prevention Fund (FIPD) to complement existing facilities.
Beyond the installation of the cameras, the effort will focus on the quality of the equipment and images, the connection of the police's information and command centres (CIC) and the gendarmerie's operational centres (COG) to urban video protection devices and their equipment in means of visualization of the images.
In Paris, the police prefecture will benefit from the strengthening of its video protection network to bring it to a total of about a thousand cameras. In order to maximize the overall cost of this transaction, a public-private partnership contract solution has been adopted and its implementation is under way.
More efficient tools for judicial investigation and the fight against cybercrime
Technological tools will have to make a major contribution to judicial investigation to make significant progress in elucidation.
Cybercrime tools will be generalized and renewed to enable them to be in line with this type of highly evolving crime. In particular, the fight against illegal Internet uses, such as religious radicalization or child pornography, will be subject to special measures.
In order to improve the rate of elucidation of delinquency and to highlight the multi-relevant character of many perpetrators, the security forces will commit themselves to the deployment of serial phenomena detection devices. Multi-reiteration can thus be better taken into account in criminal matters.
Modernization of emergency management and major events
The National Police Information and Command Centres (ICCs) will be upgraded. They will thus constitute real operational centers collecting all data for situation analysis.
After the first 35 centres completed and delivered at the end of 2009, the continued deployment will have to take into account the new needs displayed: police prefecture equipment, airport equipment and police zonal centres at the border, equipment of the CRS motorway command centres. These sites will be equipped with new facilities that will include the development of the geolocation of crews in vehicles and on foot, the rationalization and professionalization of the management of emergency police calls, the provision of cartographic repositories, the use of urban video protection data and the optimization of the use of forces in the logic of the agglomeration police.
With the development and implementation of the ATHENA project, the gendarmerie will launch the modernisation of the COGs in each department. The departmental information centralization system will provide new features in the centralization of calls, intelligence management and geolocation response management.
The gendarmerie will continue the deployment of video retransmission systems captured by the gyrostabilized cameras installed on the new light surveillance helicopters. This will be a valuable decision-making aid for major events. It will therefore be interoperable with police information systems to return images to CIC and COG.
The police will deploy its observation mini-drones program and will continue to lease aircraft for observation and support missions. The use of air assets will be shared between the two forces, in conjunction with the technical, logistical and human means of civil security.
To cope with crisis situations, the police will put in place a specific system of crisis management and hostage-taking. It will accompany the rise of the national police force of intervention (FIPN).
At the same time, the Gendarmerie will continue the rise of its projection and crisis management staff. Together with the recent reorganization of the National Gendarmerie's (GIGN) intervention group, this mechanism will increase response capacity in the face of extreme situations, such as mass or complex hostage taking, both domestically and internationally. With modular structures with integrated communication systems, this headquarters will support local command levels for the planning and conduct of major security services, including through the movement of leading authorities or large gatherings of people.
Strengthening the capacity of the scientific and technical police
As a priority, a real estate solution will be found for the establishment of laboratories in the Paris region. Their rehousing will have to take into account, on the one hand, the high forecast increase in the number of scientific police personnel in parallel with the continuation of the substitution between assets and administrative, on the other hand, the necessary modernization of the means of operation of the laboratories. It will also be an opportunity to renew some laboratory tools.
At the same time, the transfer of the criminal research institute of the National Gendarmerie (IRCGN), whose construction of the genetic pole is already underway, and the technical service of judicial research and documentation (STRJD) will be completed on the site of Pontoise. The entire specialized national judicial capacity of the gendarmerie will thus be consolidated on this site in a logic of consistency of the procedures and protocols of investigations.
The transformation of the automated fingerprint file (FAED) and the national genetic fingerprint file (FNAEG) will allow the processing of palm prints, the exchange with the countries signatories to the Prüm Treaty and the acceleration of trace operating times.
The modernization of the means used in the crime scene must provide technical and scientific police technicians with all the detection tools that can be used to access and facilitate a posteriori processing of the data collected.
The increase in the number of people reported in the FNAEG will lead to an increase in sampling on mass crime scenes in order to improve the rate of resolution of cases. Scientific police laboratories (INPS and IRCGN) will need to be able to handle new streams (individuals and traces) by using appropriate analytical channels.
The gendarmerie will strengthen its tools for elucidating offences from the analysis of serial phenomena and an analysis of the phenomena of crime flow.
Safety research for technological performance
As a more general change factor, security research must be at the heart of the law enforcement action.
The creation of a modern research centre with an expanded perimeter to the internal security forces and with strengthened means is essential. It will ensure the proper implementation of the guidance under the governance of a scientific council that will be established.
The research will focus on finding innovative solutions in areas such as vehicle shutdown devices, drug and explosive detection, protection of public servants, miniaturization of sensors, intelligent video protection, safe data transmission, search of data on the internet, facial recognition, new biometric technologies...
A line of credits will therefore be cleared to promote the involvement of innovative small and medium-sized enterprises in this work and participate in safety-related standardization work.
3. Modernization
Population Alert System
Outside the 2,000 communal mermaids, the national alert network, consisting of 4,300 mermaids, including 3,900 operants, dates back to 1950. Neither its obsolete technology nor its vocation nor its implantation no longer meet the current objectives, a fortiori those of tomorrow. It is therefore essential to adopt a new alert system.
The latter, present in large cities and risk basins, will have to be able to use the most modern technologies and be triggered selectively. In particular, the new alert system should be able to respond to tsunami risks.
The new system will be implemented by the end of the LOPPSI programming period: it includes a modernization of the traditional network, as well as the implementation of a system allowing the broadcast of the alert in a perimeter defined by sending SMS messages to any GSM holder (the "cell broadcasting" system), as well as the establishment of partnership agreements with the media.
4. New technologies for victims
Technological means must contribute to the quality of service offered to citizens and, in particular, to victims, beyond improving the effectiveness of law enforcement in the prevention of crimes and offences and their elucidation.
Dematerialized procedures
The use of the internet for reporting facts and the availability of information or documentary bases are means of improving the satisfaction of citizens. These innovations need to be considered safely in order not to alter public confidence in law enforcement.
Hearings of the guards registered for greater security
As part of the justice reform process, this system will help to better secure procedures and thus improve the quality of service provided to victims.
An irreproachable welcome
There is still a priority in line with the new lifestyles of our fellow citizens. Confidentiality of exchanges will be facilitated by a redevelopment of reception facilities. A network of video terminals, deployed in the 4,300 gendarmerie units, will better respond to public and complainant requests.
These welcoming efforts will also need to be part of a global quality approach to provide the best service to the public. The development of service projects at different levels of the organization will ensure the continuous adaptation of the public service to the demands of the population and the evolution of society.
5. Modernize the car park within the framework
a sustainable development policy
Collectively with some 275,000 officers, the gendarmerie and the police will be at the forefront of public action for sustainable development. A modernization of the fleet will be undertaken by a plan for the reform of the oldest vehicles, often the most polluting and resulting in high maintenance costs.
A reference staffing will be defined to bring the police fleet back to a target of 28,500 vehicles, for 31,500 today. This decrease that exceeds the planned evolution of the job ceiling is a testament to the effort to optimise the management of the fleet. With regard to the gendarmerie, the same rationalization effort will reduce its fleet by 3,000 vehicles by 2012, bringing it to 29,000 vehicles.
The two forces are set to achieve that 50 per cent of vehicles acquired annually reject less than 130 grams of carbon dioxide per kilometre.
Finally, the procedures for certification of police garages will be generalized in order to achieve rigorous management of industrial waste. With regard to the gendarmerie, the management of these wastes is outsourced.
IV. ― Renovating Resource Management
and organizational modes
1. Put an end to the use of police officers and gendarmes in positions not strictly related to their core business
The effectiveness of the gendarmerie and police forces requires that they devote themselves to their professions and not be employed in tasks to which they are not intended. The transfer of administrative and technical tasks currently performed by police and gendarmes to officers specializing in these functions will be implemented with ambition.
Within the police, the number of administrative, technical and scientific personnel will be at least 21,000 FTE (full-time equivalent) by the end of the LOPPSI programming period. This objective will evolve according to the restructuring of territorial services and the rise of business applications.
Within the gendarmerie, the support system must radically evolve through a proactive policy of transforming non-commissioned officers and gendarmerie officers into military personnel of the gendarmerie support corps and civilian personnel, from 6,000 to 10,700 in 2017.
In addition, the contribution of new technologies will lead to the removal of static guard missions and all tasks not directly related to security missions to allow for a more dynamic reengagement of forces in the field of public safety.
In any event, the announced changes in public employment in the coming years make it essential that gendarmes and police officers be discharged from activities not directly related to their security missions.
In this context, like the police clothing function, the solution of outsourcing will be examined whenever it is likely to provide a quality service at least equal to a lower cost compared to the current organization. This will be particularly the case for logistical functions such as clothing in gendarmerie, real estate management and car park.
2. Make real estate a lever
modernization
Beyond the major challenge of rehousing and developing the capacities of the technical and scientific police laboratories mentioned above, the adaptation of the real estate heritage of the internal security forces is a major lever for the modernization of services and the rationalization of operating expenses.
The innovative construction procedures set out in the Guidance Act of 29 August 2002 will be continued while ensuring that the overall cost of real estate operations is controlled.
Real estate heritage of mobile forces
The renovation of the CRS' real estate assets will be carried out as part of a rationalization of the establishment of structures corresponding to operational needs. Savings of scale will be sought by a consolidation of territorial settlements.
A grouping in the major cities and, in particular, around Paris, will be carried out in order to bring mobile forces closer to their preferred areas of intervention.
New cantonments will be built in Ile-de-France to reduce the accommodation costs of units.
Training sites
The Gendarmerie is in the process of completing the master plan for its schools and training centres, which aims, in a forward-looking approach to staffing, employment and skills management (CEGEF), to align the capacity to acquire skills with the estimation of the need for training over the coming years.
Four initial training sites were closed in 2009: Libourne, Châtellerault, Le Mans and Montargis. The choice of these four schools took into account the training needs of the gendarmerie, both for the non-commissioned officers and for the volunteer deputy gendarmes, the functional modalities for the initial training of these personnel and the state of the existing heritage.
Eight police training centres (FPCs) were closed and three others were transformed in 2009 leading to a rationalization of training capacity. Given the anticipated needs of initial police training, several schools will be closed in 2010 and 2011. The criteria selected will be equivalent to those selected for the gendarmerie schools.
A re-housing solution will be explored for the National High School of Police Officers, currently located in Cannes-Ecluse (77).
The training institute for administrative, technical and scientific personnel of the police, located in Gif-sur-Yvette, will be transformed and installed in Lognes, a new pooled training centre for all departments of the ministry. The Gif-sur-Yvette National Study and Training Centre (CNEF) will also be adapted and transferred to the Lognes site.
Renovated public service in troubled neighbourhoods
The real estate needs of the police prefecture and public security in constituencies covering sensitive areas, in particular in Ile-de-France and in the major towns, will be addressed with the utmost attention. The park's stubborn state, lack of real estate capacity and the delinquency levels in the areas concerned will be the main criteria for selecting projects.
The welcoming conditions of users, including victims, will be one of the priorities of the real estate modernization of police services. The reception will allow individualized care of victims and favourable conditions for complaints.
Complementary intervention by victim care personnel (psychologists, social workers) will need to be taken into account in public security real estate projects through the provision of appropriate premises.
At the same time, the real estate of public security will have to focus on the continued modernization and humanization of police custody facilities.
Consolidating the real estate of the gendarmerie
On the occasion of the previous programming law, a marked effort was made to benefit the real estate of the gendarmerie. It is necessary to extend it within the framework of LOPPSI and to complete the rehabilitation of the park by ensuring that staff and their families have working and living conditions in relation to current standards, while ensuring a high level of environmental quality.
A special effort of preventive maintenance at levels that conform to market standards will keep its value to the state's real estate and avoid particularly expensive curative maintenance.
3. Modernized careers
for better accompanied professionals
Policiers and gendarmes are particularly demanding and often dangerous. This reality, a fortiori in a period marked by numerous reforms and an increased goal of optimization of means, requires enhanced support for staff in their professional and private lives.
To this end, an observatory of common employment, trade and skills for the police and the gendarmerie will be established and an annual social assessment will be prepared for the national police in 2010.
The Social Dialogue Charter will be implemented.
(a) Modern, rigorous training, adapted to new issues.
The gendarmerie will continue the training of a specialized operational logistics manager in a position to be engaged in crisis situations in the metropolitan, overseas and external operations.
In addition, the ranked gendarmerie officers, now recruited by competition, will receive one-year training tailored to their future responsibilities. Directed by the National Gendarmerie Officers School, it will enable the acquisition of the knowledge necessary for the exercise of a command and will be sanctioned by the award of a diploma.
Police must cope with the requirements of an effective national police force, close to citizens, reactive and capable of anticipating new forms of crime. Each officer is concerned by the challenges of modern training, rigorous and tailored to the priorities that are:
– development of poles of excellence for initial training;
― the expansion of the field of technical and scientific police;
― the emphasis on continuing training, a condition for both personal and social promotion to which each police officer must be able to access throughout his career.
Initial training will make an important place in three key areas: ethics, communication, in order to be able to explain, justify the action taken and the measures taken, and the international, which will interest an increasing number of police officers because of the globalization of problems and the Europeanization of procedures.
The initial training of commissioners, officers and peacekeepers has just been renovated. Administrative, technical and scientific officials will be developed to reflect their new responsibilities.
In addition, the mandatory nature of continuing training related to grade crossings will be expanded to significant professional changes, such as the first post of electoral district chief by an officer or departmental director. In the same spirit, the graduates of the supervisory and enforcement corps will have an increased preparation in the areas corresponding to the functions, so far exercised by officers, to whom they are gradually called.
Finally, special attention will be paid to the increasing number of foreign trainees and to the strengthening of the international dimension of training cycles for commissioners and police officers.
(b) Career development that meets the needs of forces and recognizes individual merits.
Give all its place to the administrative, technical and scientific sector
The rise of administrative, technical and scientific personnel on jobs within their skills, instead of active staff returning to their core business, is a priority of LOPPSI.
This ambition requires the precise definition of needs and, therefore, the implementation of a specific recruitment adapted to these occupations.
The choice of the development of specific sectors of government officials under status or contract is all the more so because many of these trades require a particular technicality, a fortiori when the various police services engage in the enhanced use of sophisticated technologies.
In this regard, particular attention will be paid to the specific needs of the Central Directorate of Internal Intelligence (DCRI), in line with the preconizations of the White Paper on Defence and Security.
The compensation scheme for these personnel will be determined on the basis of their responsibilities.
Increased motivation tools
Introduced in LOPSI 2003-2007, supported by the police' "body and careers" protocol, the result culture is now a strategic focus of human resources management to better reward individual and collective performance.
How to serve and results achieved should gradually become an essential part of the annual evaluation, but also on the one hand of the compensation system. This mode of management should be developed. The new evaluation grids of police commissioners and officers should now be improved by integrating the elements related to their objectives (objectives, actions and indicators).
The experimentation of contractualization on particularly difficult positions, for which recruitment difficulties exist, will end at the beginning of 2010. It will be integrated into the new performance-related compensation system and will cover 250 positions, in accordance with the protocol signed with trade union organizations on April 8, 2009. It can be extended to the command corps.
Compensation regimes for design and direction and command bodies will need to be more related to the difficulty of the responsibilities, the results, the way in which they are served, and not only to the rank held.
The outstanding results award was consolidated and has a €25 million in 2008, which is a minimum amount for subsequent years. In order to substantially reward individual and collective performance, it will be allocated to approximately 30% of the National Police program.
In addition, the culture of the result will be part of the establishment of service projects for each police service in relation to the public. These projects will be governed by quality assurance rules that will assess the achievement of the objectives. Each chief of service will respond to their implementation.
Optimize the effective working time and distribution of police officers in the Territory
This major objective of the "body and careers" protocol will be achieved in 2012. Workplans have undergone changes over the past few years, which have resulted in overtime production without the systematic productivity of the process. The institution cannot maintain such operational and financial constraints. Negotiations with staff representative organizations will result in a perennial solution that preserves the operational potential of police forces.
In this context, pursuant to the protocol signed in the fall of 2008, were deleted the non-securable hour and several days of RTT.
Finally, the measures taken since 2002 to adapt the staffing distribution to operational requirements will be consolidated and expanded. The definition of departmental annual operating staff will be refined, particularly from changes in demography and delinquency.
A new policy of loyalty in Ile-de-France
The Paris region suffers from a structural deficit of candidates for the various professions of the police. Winners of competitions that are not of French origin often have the objective of returning to their region of origin because of the cost of living, especially housing, and working conditions in certain sensitive areas.
As a result, the police services, which are frequently confronted with the most difficult missions, have unaged personnel, without the experience necessary for operational constraints and are eager to find another assignment.
In addition to the statutory provisions that now require police officers to remain for a minimum of five years in their first administrative area of assignment (mainly the Paris region), new measures will be progressively implemented in line with those already intervened or under execution:
― Creation of a national assignment contest and a regional assignment contest in Ile-de-France with a minimum duration of eight years of service by the Decree No. 2009-1551 of 14 December 2009 ;
― taking into account the experience gained by the officers assigned in difficult territorial exchanges and services in Ile-de-France; a course of progress dedicated to the recognition of the acquired experience will be created for these agents, in accordance with Decree No. 2009-1551 of 14 December 2009.
In addition, the continuation of the redesign of the loyalty compensation scheme will improve the repayment of active officials in the Ile-de-France, while accompanying measures, especially for housing, will contribute to this effort (see below).
A better breath of careers within the police
The objective of the "body and careers" protocol was to better distribute functions between bodies. Complementary adjustments to repyramidage and access measures to the upper body, such as improving the professional access path to the command corps, are necessary.
Make careers more attractive within the gendarmerie
Offering attractive career paths and paying these professionals up to the constraints, hardships and responsibilities are the two priority objectives of the gendarmerie.
The level of recruitment to the external (university) competition will be aligned with that of officers recruited out of the major military schools. The career of the highest-performing officers will be accelerated through the modification of Decree No. 2008-952 of 12 September 2008 bearing special status of the gendarmerie officers. In addition, high responsibilities, particularly in the course of accession to territorial command posts, will be enhanced.
With respect to non-commissioned officers, three ways of advancement will coexist, allowing each deserving staff to access a promotion:
– a "guidance-commandment" path, which will represent at least 80% of the promotions, for the holders of the diplomas of judicial police officer, weapon, specialty, GIGN, with systematic promotion to the rank of marshal of the logis-chef the year following the obtaining of the required titles, except in particular cases;
– a "professional" path, to the choice and to the rank of Chief Warrant Officer, within 10% of annual promotions, for experienced non-commissioned officers with at least fifteen years of service for the rank of Chief Marshal and who have exercised proven responsibilities;
– a "care for career purposes" path, to the choice and to the rank of an officer, within 10% of the annual promotions for the most deserving non-commissioned officer.
The repyramidage initiated since 2005 by the PAGRE will be continued. It will aim to ensure standards of supervision comparable to those in similar civil service bodies and to ensure the fair recognition of the responsibilities of attractive and rewarding career paths. This pyramid will be implemented until 2012 and will reach the following targets: 62% of gendarmes and swamps of the logis-chefs, 29% of assistants, chiefs and majors and 9% of officers.
(c) More open careers.
Statutory gateways between police and gendarmerie
The rapprochement of the two forces, with the development of mutualization and cooperation in many areas, will lead to the establishment of statutory gateways enabling the police to integrate the gendarmerie and, reciprocally, the gendarmes to join the police.
The achievement of this objective will include the opening to the security assistants of the access examination to the corps of the gendarmerie non-commissioned officers, on the one hand, to the volunteer deputy gendarmes of the internal access examination to the supervisory and enforcement corps, on the other hand.
Another statutory gateway between the ranks of peacekeeper and gendarme will be established to facilitate mobility between the two forces. The statutes will be amended accordingly.
More diversified recruitment
More generally, the specific status of the corps of non-commissioned officers will be changed with respect to recruitment. The competition for all and the detention of the bachelor's degree will be the rule for external recruitment while maintaining, under the integration policy and equal opportunity, a proportion of at least one third of internal recruitment without a diploma requirement.
In addition, specific measures will be taken to help young graduates from disadvantaged backgrounds access the gendarmerie corps. Thus, an integrated preparatory class will be created to promote the success of the entrance competition at the National Gendarmerie Officers School.
The system of the cadets of the Republic will be adapted and consolidated, in particular to take into account the levels of recruitment in the police and gendarmerie and the needs in the private security sector.
Strengthening the use of the military reserve
The policy of the military reserve, a genuine citizen service, will be pursued. The admission to the reserve today reflects a true operational and integration model. In 2008, more than 26,000 reservists served in gendarmerie, an average of eighteen days a year, paid in operational missions, alongside their active comrades. This operational reserve is an essential relay between civil society and the spirit of service indispensable to the security of our fellow citizens. It is implemented within a territorial framework of proximity. The allocation will be consolidated over the period 2010-2013.
Increase access to the civil reserve and continue its rise in power
The National Police Civil Reserve is now meeting its objectives since 2003. It provides essential support to active officials in the performance of their missions. Also, to adjust the operational capacity of the police services, or even strengthen it in the event of a serious crisis, it is planned to double, at least, its potential by the end of LOPPSI.
The harmonization of police and gendarmerie reserves will be strengthened by the opening of the police civil reserve to other audiences than the retirees of the active bodies.
This orientation will develop the police-population link and adherence to security issues. Such a diversification of recruitment will extend the arrangements already taken by the gendarmerie.
The future police reserve will therefore be designed to accommodate both young people interested in a valued experience and specialists on functions that correspond to their competences whose police would be deficit.
Reservists will have training for missions in a format comparable to those entrusted to the reservists of the gendarmerie. The definition of these missions will take into account the specificities of their environment and the organization of services. Finally, the training of reservists will enable them to acquire the qualification of an assistant judicial police officer.
Encourage Assistants of Security (ADS) to better prepare their professional project
The SLAs, contractual agents, intervene in support of police officers. Their employment framework is a privileged path for the integration of young people from troubled backgrounds.
If, for most of them, these agents integrate the body of supervision and application through the internal competition, the current device does not encourage them to prepare their professional project.
In this context, the formula of two three-year contracts will replace the current five-year contract. Similarly, to address the risks associated with the search for a job beyond the current age limit of twenty-six years, it will be extended to thirty years.
This device will be accompanied by an increased effort to assist in reconversion.
(d) Agents supported in their professional and private lives.
The gendarmerie has a psychological support device placed at the central level, competent over the entire national territory. Given the exponential rise in the needs expressed by the operational units, the gendarmerie will consider the need to create a territorial community-based psychological support channel whose purpose will be to ensure the follow-up of personnel facing significant traumatic events related to service.
For its part, the police will strengthen the support of its officers in their daily lives:
– the number of accommodation reservations, especially for police officers in Ile-de-France, will have doubled at the end of LOPPSI;
– the annual creation of 100 additional nursery places in the period 2009-2013, in Ile-de-France, will provide significant support to early childhood;
– all Ile-de-France single-parent families have had a universal job-service check since 2009; This device can gradually be extended to the employment basins meeting a situation identical to that of Ile-de-France in the national territory.
Accompaniment of agents in the course of their career will be a rule. In particular, the accompanying mobility will take into account all the impacts it has on the lives of agents. The new evaluation mechanisms put in place will also allow, through the generalization of job descriptions, a better readability of careers through the implementation of real career plans.
(e) The application of global parity.
In keeping with the identity of the gendarmerie and police forces, a comprehensive parity will have to ensure the balance of treatment that the President of the Republic wishes.
Through a concerted approach, harmonization should be constantly sought to correct the disparities that may arise in the area of human resources management.
In addition to structural differences, the implementation of common components will, while reducing the points of divergence, lead to a coherent and modern police service.
This law will be enforced as a law of the State.
Done in Paris, March 14, 2011.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
Minister of Defence,
and veterans,
Gérard Longuet
The Minister of Ecology,
Sustainable Development,
Transport and housing,
Nathalie Kosciusko-Morizet
The guard of the seals,
Minister of Justice and Freedoms,
Michel Mercier
The Minister of the Interior,
of the Overseas, territorial authorities
and immigration,
Claude Guéant
Minister of Economy,
finance and industry,
Christine Lagarde
Minister of Budget, Public Accounts,
public service and state reform,
Government spokesperson,
François Baroin
