Key Benefits:
The National Assembly and the Senate deliberated,
The National Assembly adopted;
Vu la Constitutional Council decision No. 2011-641 DC of 8 December 2011;
The President of the Republic enacts the following legislation:
I. ― The code of the judicial organization is amended as follows:
1° After chapter I of title II of Book I, a chapter is inserted I bis as follows:
“Chapter I bis
“The judges of the community
"Art. L. 121-5. ― The service of local judges mentioned inarticle 41-17 of Order No. 58-1270 of 22 December 1958 having an organic law relating to the status of the judiciary, which is called upon to serve as a judge of a high court of law and to be responsible for judicial functions in a court of law, is established in accordance with the provisions of this chapter.
"Art. L. 121-6. ― Each year, the President of the Court of Grand Instance distributes the judges of the community in the various services of the jurisdiction to which they may participate, taking into account their duties in the court of proceedings in which they participate.
"Art. L. 121-7. ― Each year, the magistrate in charge of the direction and administration of the court of proceedings shall, by order, organize the service of which the judges of the locality are charged in this court, taking into account the service to which they are held in the court of large instance.
"Art. L. 121-8. ― A decree in the Council of State sets the conditions for the application of this chapter. It specifies the conditions under which the distribution of community judges may be modified during the year. » ;
2° After Article L. 212-3, an article L. 212-3-1 is inserted as follows:
"Art. L. 212-3-1. ― Community judges may be required to sit in the training referred to in Article L. 212-3. They may also:
« 1° Statuer on request for injunction to pay, except on opposition;
"2° Proceed, in the cases and conditions provided for by sub-title II of Title VII of Book I of the Civil Procedure Code, to the following:
“(a) To be transported to the scene on the occasion of the judge's personal checks;
“(b) Hearing the parties on the occasion of their personal appearance;
"(c) Hear the witnesses for an investigation. » ;
3° In the second paragraph of Article L. 212-4, the words "in criminal matters" are deleted;
4° In article L. 221-10, the words "of the fifth class" are deleted;
5° After L. 222-1, an article L. 222-1-1 is inserted as follows:
"Art. L. 222-1-1. ― The proximity judge may rule on request for injunction to pay, except on opposition. » ;
6° Article L. 223-1 is as follows:
"Art. L. 223-1. ― The court of proceedings is exclusive in civil and commercial matters of any heritage action up to the value of €10,000.
"He also knows, under the same conditions, indeterminate requests that originate in the execution of an obligation whose amount does not exceed €10,000. » ;
7° After the article L. 532-15-1, an article L. 532-15-2 is inserted as follows:
"Art. L. 532-15-2. ― Section L. 222-1-1 is applicable to Wallis-et-Futuna. » ;
8° Article L. 552-8 is as follows:
"Art. L. 552-8. Sections L. 212-4 and L. 222-1-1 are applicable in French Polynesia. » ;
9° Article L. 562-8 is as follows:
"Art. L. 562-8. Sections L. 212-4 and L. 222-1-1 are applicable in New Caledonia. »
II. ― The Code of Criminal Procedure is amended as follows:
1° Article 521 reads as follows:
"Art. 521. – The police court is in contraventions. » ;
2° Section 523 is supplemented by a paragraph to read:
"In the event of contraventions of the first four classes, with the exception of those determined by a decree in the Council of State, the police court shall be constituted by a judge of proximity and, if not, by a judge of the court of proceedings. »
III. 1. Title III of Book II of the Code of the Judiciary Organization, chapter II, section 2 of title III of Book V of the same Code, chapter II, section 3 of title V of the same Book V, chapter II, section 3 of title VI of that Book V, Articles 522-1.522-2 and 523-1 of the Code of Criminal Procedure and section 41-18 of Order No. 58-1270 of 22 December 1958 on the Organic Law on the Status of the Judiciary are repealed.
2. In the title of Chapter I of Title III of Book II of the Code of Criminal Procedure, the words "and the jurisdiction of proximity" are deleted.
I. ― In Article L. 123-1 of the Code of the Judicial Organization, the words ", the courts of proximity" are deleted.
II. ― In article L. 533-1 of the same code and in the title of chapters I and III of title III of Book II of the Code of Criminal Procedure, the words "and the jurisdiction of proximity" are deleted.
III. ― In the last paragraph of section 39, in the first sentence of the first paragraph of Article 528 and in the second paragraph of Article 549 of the Code of Criminal Procedure, the words "or jurisdiction of proximity" are deleted.
IV. ― In the last paragraph of Article 80 II and in the first sentence of Article 179-1 of the same Code, the words "the jurisdiction of proximity" are deleted.
V. ― In the second sentence of the first paragraph of Article 45, at the end of the first paragraph of Article 178, in the first and last paragraphs of Article 213, in the first paragraph of Article 528-2 and in the first sentence of the third paragraph of Article 706-71 of the same Code, the words "or in the jurisdiction of proximity" are deleted.
VI. ― At the first sentence of article 44 of the same code, the words: "and the courts of proximity" are deleted.
VII. ― At the first sentence of the first paragraph of Article 180 of the same code, the words ", either before the jurisdiction of proximity" are deleted.
VIII. ― In the title of chapter II, section 4, title I, of Book I and Chapter IV of Book II Title III and in the first paragraph of Article 546 of the same Code, the words "and the jurisdiction of proximity" are deleted.
IX. ― In the second paragraph of Article 45 of the same Code, the words "or jurisdictions of proximity" are deleted.
X. ― In the second paragraph of Article 528-2, in Article 531, in the first paragraph of Article 539, in the first sentence of Article 540, in the first paragraph of Article 541, in the first sentence of Article 542, at the end of the second paragraph of Article 706-134, in the second sentence of the penultimate paragraph of Article 708 of the same Court and at the end of Article 708
XI. ― At the end of Article 533 and the first paragraph of Articles 535,543 and 544 of the Code of Criminal Procedure, the words: "and in front of the jurisdiction of proximity" are deleted.
XII. ― In the second paragraph of section 535 and in the first paragraph of section 538 of the same code, the words "or by the proximity judge" are deleted.
XIII. ― In article 677 of the same code, in the second paragraph, the words "or a jurisdiction of proximity" are deleted and, in the first sentence of the last paragraph, the words "of a jurisdiction of proximity" are deleted.
XIV. ― In the second sentence of the last paragraph of articles 705,706-76 and 706-109 of the same code, the words: "or in the competent jurisdiction under Article 522-1" are deleted.
XV. ― At the end of the first paragraph of Article 549 of the same code, the words "or jurisdictions of proximity" are deleted.
XVI. ― The last paragraph of section 21 of Order No. 45-174 of February 2, 1945 on child offenders is deleted.
XVII. ― 2° of Article 1018 At the general tax code, the words: "and local jurisdictions" are deleted.
XVIII. ― I of Article 2 of Act No. 2007-1787 of 20 December 2007 concerning the simplification of the law, the words: ", the jurisdiction of proximity" are deleted.
XIX. ― 1. In sections L. 553-1 and L. 563-1 of the code of the judicial organization, the words ", the court of first instance and the court of proximity" are replaced by the words "and the court of first instance".
2. In the second paragraph of Article 46, Articles 47 and 48 and the second sentence of Article 529-11 of the Code of Criminal Procedure, the words "the jurisdiction of proximity" are replaced by the words "the police court".
3. In the last paragraph of section 41-3 of the same code, the words: "of the police court or in the local court" are replaced by the words: "competent of the police court".
4. At the end of the second sentence of the fifth paragraph of Article 44-1 of the same Code, the words: "of the police court or the judge of the local jurisdiction" are replaced by the words: "competent of the police court".
5. In the first paragraph of Article 525 of the same Code, the words "of the police court or the court of proximity" are replaced by the words "competent of the police court".
6. Section 529-5-1 of the same code is amended as follows:
(a) In the first sentence, the words: "one or more local courts" are replaced by the words: "one or more police courts";
(b) The penultimate sentence is deleted;
(c) In the last sentence, the words "of the local jurisdiction" are replaced by the words "of the police court".
7. In section 530-2 of the same code, the words "in the jurisdiction of proximity" are replaced by the words "in the police court".
8. In the first sentence of Article 658 of the same Code, the words: "two police courts or two local courts" are replaced by the words "or two police courts".
9. In section 678 of the same code, the words ", the police court, the correctional court or the local jurisdiction" are replaced by the words "or the court".
The working code is thus modified:
1° At the end of the second paragraph of Article L. 3252-3, the words: "at the employee's home" are replaced by the words: "at a home made up of one person";
2° At the end of the second paragraph of Article L. 3252-4, the words "the judge" are replaced by the words "decree in the Council of State";
3° Article L. 3252-8 is supplemented by a paragraph as follows:
"However, the lowest residual receivables, taken in the increasing order of their amount, without the latter being able to exceed an amount fixed by decree, are paid primarily under the conditions established by this decree. » ;
4° The second paragraph of Article L. 3252-10 is as follows:
"If not, the judge, even ex officio, declares the debtor of the deductions that should have been operated. To determine the amount of these deductions, it may apply to tax and social organizations under the conditions set out in theArticle 39 of Act No. 91-650 of 9 July 1991 reforming civil enforcement procedures to obtain information on the amount of compensation received by the debtor and on the composition of his family. »
I. ― The code of the judicial organization is thus amended:
1° After the article L. 221-4, an article L. 221-4-1 is inserted as follows:
"Art. L. 221-4-1. ― The Court of Instance is aware of applications filed pursuant to Regulation (EC) No 861/2007 of the European Parliament and the Council of 11 July 2007 establishing a European procedure for the settlement of small disputes. » ;
2° Article L. 221-7 is as follows:
"Art. L. 221-7. ― The judge of the court of proceedings is aware of requests made pursuant to Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 establishing a European injunction procedure to pay. »
II. ― The trade code is amended as follows:
1° After Article L. 721-3, an article L. 721-3-1 is inserted as follows:
"Art. L. 721-3-1. ― The trade tribunals shall, within the limits of their attribution competence, hear applications filed under Regulation (EC) No 861/2007 of the European Parliament and the Council of 11 July 2007 establishing a European procedure for the settlement of small disputes. » ;
2° After Article L. 722-3, an article L. 722-3-1 is inserted as follows:
"Art. L. 722-3-1. ― The President of the Commercial Court shall, within the limits of the competence of the Commercial Court to award, hear requests made pursuant to Regulation (EC) No 1896/2006 of the European Parliament and the Council of 12 December 2006 establishing a European injunction procedure to pay. »
III. ― The request for injunction to pay may be submitted by the applicant or any agent of the claimant.
Article L. 1454-2 of the Labour Code is amended as follows:
1° The first sentence of the first paragraph is supplemented by the words: "or the judge of instance designated by the first president pursuant to the last paragraph";
2° It is added a paragraph to read:
"In the event of a plurality of prud'homme councils within the jurisdiction of a large court, the first president of the court of appeal may, if the activity warrants, designate the judges of the court of proceedings in the jurisdiction of which is the seat of the court of large instance. »
In article L. 211-10 of the code of the judicial organization, after the word "vegetal", the words ", geographical indications".
In the first paragraph of Article L. 623-31 of the Intellectual Property Code, the words ", whose number cannot be less than ten," are deleted.
The Customs Code is amended as follows:
1° In 2 of Article 103, Article 344 and the second paragraph of Article 468, the words: "Trial Court" are replaced by the words: "President of the High Court";
2° In Article 185, at the end of 2 of Article 186, in the second sentence of 3 of Article 188, in 1 and 3 of Article 389 and in the last paragraph of 1 and in the first sentence of 3 of Article 389 bis, the words: "Judgment judge" are replaced by the words: "President of the Court of Grand Instance";
3° In 2 of 341 bis, the words: "judgment judge" are replaced by the words: "judge of execution";
4° At the end of Article 347, Article 357 bis, 2 of Article 358 and 1 of Article 375, the words "of proceeding" are replaced by the words "of great instance";
5° Section 349 is amended as follows:
(a) In the first paragraph, in the first sentence, the words: "judgment judge" are replaced by the words: "President of the High Court" and, in the second and final sentences, the word "judge" is replaced by the word "president";
(b) In the second paragraph, in the first and second sentences, the words: "judgment judge" are replaced by the words: "President of the High Court" and, in the second sentence, the words: "of the Appeals Judge" are replaced by the words: "of the Court of Appeal";
6° Paragraph 3 of section 2 of chapter III of title XII and its title are repealed;
7° In 2 of section 390, the words: "of the court hearing" are replaced by the words: "of the court of large instance".
At the end of the third paragraph of Article L. 322-8 of the Forest Code, the words: "in the last resort, before the judge in charge of the Court of Instance" are replaced by the words: "according to the nature and amount of the application, before the Court of Instance or large instance".
At the end of the last sentence of the last paragraph of Article L. 622-4 of the Heritage Code, the words: "by the court of proceedings" are replaced by the words: ", according to the amount of the application, by the court of proceedings or large instance".
The Act of March 31, 1896 on the sale of objects abandoned or left in pledge by travellers to aubergists or hotels is thus amended:
1° Section 2 is amended as follows:
(a) The first paragraph is as follows:
"The depositary may present to the judge of the court of proceedings or to the president of the court of large instance, according to the value of the movable effects left in pledge or abandoned, a request that sets out the facts, designates the objects and gives an approximate assessment of them. The application shall be brought before the jurisdiction in which the property is located. » ;
(b) At the end of the penultimate paragraph, the words: "of the court of proceedings" are deleted;
2° In the second sentence of Article 5, the words "of the judge of the court of proceedings" are replaced by the words "of the court" and the last sentence is deleted.
I. ― The Act of 12 July 1909 on the establishment of an elusive family property is repealed.
It remains applicable to family property that has been published under section 9 of the Act before the promulgation of this Act.
II. ∙ 1. Section L. 215-1 of the Social Action and Family Code is repealed.
2. The 2nd of Article 35 of Decree No. 55-22 of 4 January 1955 reforming land advertising is repealed.
3. The second sentence of the last paragraph of Article 775 of the Rural Code is deleted.
The Act of 31 December 1903 relating to the sale of certain abandoned objects was amended as follows:
1° In the first paragraph of Article 2, the words: "from the canton of his domicile" are replaced by the words: "or to the president of the court of large instance, according to the value of the abandoned movable objects", and it is added a sentence as follows: "The application is brought before the court in which the domicile of the professional is located. » ;
2° In article 4, in the second sentence, the words: "of the judge of the court of proceedings" are replaced by the words: "of the court" and the last sentence is deleted.
Before the last paragraph of Article 10 of Act No. 71-1130 of 31 December 1971 on the reform of certain legal and judicial professions, it is inserted a sub-paragraph as follows:
"The lawyer is obliged to conclude with his client an honorary agreement for divorce proceedings. Indicative fee scales for lawyers ' fees for these proceedings, based on the practice observed in the profession, are published by Seal Custody Order, Minister of Justice, after the advice of the National Bar Council. These scales are revised at least every two years. »
On an experimental basis and until 31 December of the third year following the promulgation of this Act, in the courts of large instance designated by a Seal Custody Order, the following provisions are applicable, by derogation from theArticle 373-2-13 of the Civil Code.
Decisions setting out the terms and conditions for the exercise of parental authority or the contribution to the maintenance and upbringing of the child, as well as the provisions contained in the approved agreement, may be amended or supplemented at any time by the judge, at the request of the parent or public ministry, who may be seized by a third party, parent or not.
However, just as the judge may raise, the referral of the judge by the parent must be preceded by a family mediation attempt, except:
1° If the application is jointly issued by both parents to apply for the registration of a convention under the terms and conditions set out in the applicationArticle 373-2-7 of the Civil Code ;
2° If the lack of recourse to mediation is justified by a legitimate reason;
3° If this pre-mediation attempt is likely to affect the right of the persons concerned to have access to the judge within a reasonable period of time, given the time limits in which it is likely to intervene.
At least six months before the end of the experiment, the Government sends a report to Parliament on its assessment to determine its generalization, adaptation or abandonment.
The second paragraph of Article 55 of the Civil Code is supplemented by a sentence as follows:
"The child's name is determined under the rules set out in sections 311-21 and 311-23. »
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2011-641 DC of 8 December 2011. ]
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2011-641 DC of 8 December 2011. ]
In the first paragraph of section 317 of the same code, after the word "judge", the words "of the court of proceedings of the place of birth or domicile" are inserted.
The same code is amended:
1° In section 361, the word "two" is replaced by the word "three";
2° Article 370-2 is supplemented by the words: ", except for the modification of the first names".
In the first paragraph of section 365 and in the last paragraph of section 372 of the same code, the words "in front of" are replaced by the words "in front of".
The Code of Criminal Procedure is amended as follows:
1° The title I of Book IV reads as follows: "Procedural rules applicable to crimes against humanity and war crimes";
2° Prior to chapter I of the same title I, a subtitle I was added entitled: "From Cooperation with the International Criminal Court";
3° After chapter II of the same title I, a subtitle II is inserted as follows:
“Subtitle II
"Competent courts for the prosecution, investigation and judgment of crimes against humanity and war crimes and offences
"Art. 628. — Crimes against humanity and war crimes and offences are prosecuted, investigated and tried in accordance with the rules of this Code subject to the provisions of this subtitle.
"Art. 628-1. ― For the prosecution, investigation and judgment of offences falling within the scope of Article 628, the prosecutor of the Republic, the examining magistrate and the court of siege of Paris exercise concurrent jurisdiction with that which is the result of the application of Articles 43 and 52.
"In respect of minors, the prosecutor of the Republic, the investigating judge, the court for children and the court of siege of the miners of Paris exercise a competing jurisdiction than that which results from the application of theOrder No. 45-174 of 2 February 1945 relating to delinquent childhood.
"When they are competent for the prosecution and investigation of offences falling within the scope of Article 628, the prosecutor of the Republic and the investigating judge of Paris shall exercise their powers over the entire scope of the national territory.
"Art. 628-2. ― The prosecutor of the Republic near a court of great jurisdiction other than that of Paris may, for offences falling within the scope of Article 628, require the investigating judge to dive for the benefit of the investigative jurisdiction of Paris. The parties are previously notified and invited to make their observations known by the investigating judge; the order is made no later than eight days and no later than one month from that notice.
"The order by which the investigating judge divested shall only take effect from the five-day period provided for in 628-6; where an appeal is made pursuant to the same article, the examining magistrate shall remain seized until the decision of the Criminal Chamber of the Court of Cassation is brought to his knowledge.
"As soon as the order has become final, the prosecutor of the Republic shall forward the case to the prosecutor of the Republic of Paris.
"This section is applicable to the board of instruction.
"Art. 628-3. ― When it appears to the examining magistrate in Paris that the facts before him do not constitute one of the offences falling within the scope of Article 628 and do not fall within his jurisdiction to another title, the magistrate declares himself incompetent either on the request of the prosecutor of the Republic, or, after the opinion of the latter, on his or her own motion. Those parties that have not submitted a request are previously notified and invited to make their observations known; the order is made not earlier than eight days after this notice.
"The second paragraph of Article 628-2 is applicable to the order by which the examining magistrate of Paris declares himself incompetent.
"As soon as the order has become final, the prosecutor of the Republic of Paris will address the case file to the prosecutor of the territorially competent Republic.
"This section is applicable when the board of instruction of the Court of Appeal of Paris determines its jurisdiction.
"Art. 628-4. ― When the Correctional Court or the Children's Court of Paris declare that it is incompetent for the reasons set out in section 628-3, it shall send the Public Prosecutor's Office to review and advise; the Public Prosecutor may, by the same decision, issue a warrant for filing or arrest against the accused.
"Art. 628-5. - In the cases provided for in sections 628-2 to 628-4, the warrant for filing or arrest shall retain its enforceable force; the actions of prosecution or instruction and the formalities before the decision of separation or incompetence has become final have not to be renewed.
"Art. 628-6. ― An order made on the basis of sections 628-2 or 628-3 by which an investigating judge determines his or her divestiture or the investigating judge of Paris may, with the exception of any other remedy, be referred within five days of his or her notification, at the request of the public prosecutor or the parties, to the criminal chamber of the Court of Cassation which designates, within eight days of the date of receipt of the file The Public Prosecutor's Office may also refer directly to the Criminal Chamber of the Court of Cassation where the investigating judge has not issued his or her order within one month of the first paragraph of section 628-2.
"The criminal chamber that finds that the investigating judge of the Paris High Court is not competent, however, in the interest of a good administration of justice, may decide that the information is prosecuted in this court.
"The decision of the criminal chamber is brought to the attention of the examining magistrate and the public prosecutor and served on the parties.
"This section is applicable to the order made on the basis of the last paragraph of sections 628-2 and 628-3 by which an instructional board shall rule on its divestiture or jurisdiction.
"Art. 628-7. ― By derogation from Article 712-10, the judge of the application of the sentences of the Paris Court of Grand Instance, the Court of the Application of the Paris Penalties and the Chamber of the Application of the Penalties of the Paris Court of Appeal shall make decisions concerning persons convicted for an offence falling within the scope of Article 628, regardless of the place of detention or residence of the convicted person.
"These decisions are made after the judge's notice of the application of the appropriate penalties under section 712-10.
"For the exercise of their powers, judges of the courts referred to in the first paragraph of this article may travel throughout the national territory without prejudice to the application of Article 706-71 on the use of telecommunications means.
"Art. 628-8. ― Chapter II of Title XXV of this book IV, with the exception of sections 706-88-1 and 706-88-2, is applicable to the investigation, prosecution and investigation of crimes within the scope of section 628.
"For the application of the sixth paragraph of section 706-88, counsel may be delayed for a maximum period of seventy-two hours.
"Art. 628-9. ― Can be employed as a specialized assistant to the courts and magistrates mentioned in section 628-1, officials of categories A and B, as well as those who hold, in subjects defined by decree, a national degree sanctioning a training of at least four years of higher education after the baccalaureate that fulfil the conditions of access to the public service and justify a minimum professional experience of four years.
"Specialized assistants receive mandatory training prior to their entry into office.
"Specialized assistants participate in the proceedings under the responsibility of the magistrates, without being able to receive delegation of signature, except for the requisitions provided for in articles 60-1,60-2,77-1-2,99-3 and 99-4.
"They perform all the tasks entrusted to them by the magistrates and may, inter alia,:
"1° Assisting investigating judges in all acts of information;
« 2° To assist prosecutors in the exercise of public action;
« 3° Assisting judicial police officers acting on judges ' delegation;
« 4° Provide judges with summary or analytical documents that may be placed on the record of the proceedings;
« 5° Implement the right of communication recognized to judges under theArticle 132-22 of the Criminal Code.
"The Attorney General may ask them to attend the Public Prosecutor's Office before the Court of Appeal.
"They have access to the record of the procedure for performing the tasks entrusted to them and are subject to professional secrecy under the penalties set out in section 226-13 of the same code.
"A decree in the Council of State specifies the modalities for the application of this article, including the duration for which specialised assistants are appointed and the manner in which they sworn.
"Art. 628-10. ― This subtitle is also applicable to torture crimes for which French courts are competent under section 689-2. » ;
4° After the fourth paragraph of Article 41, a sub-item reads as follows:
"It can be carried throughout the entire territory of the country. It may also, in the context of a request for assistance to a foreign State and with the agreement of the competent authorities of the State concerned, carry on the territory of a foreign State for the purpose of conducting hearings. » ;
5° After section 93, an article 93-1 is inserted as follows:
"Art. 93-1. ― If the necessity of the instruction so requires, the examining magistrate may, within the framework of a rogatory commission addressed to a foreign State and with the agreement of the competent authorities of the State concerned, carry with his clerk in the territory of that State for the purpose of conducting hearings.
"He gives notice to the prosecutor of the Republic of his court. » ;
6° In the second paragraph of Article 396, the word "sixth" is replaced by the word "seventh".
Book IV of the same code is supplemented by a title XXXIII as follows:
« TITRE XXXIII
« DE LA PROCÉDURE APPLICABLE
COLLECTIVE ACCIDENT
"Art. 706-176. ― The territorial jurisdiction of a large-instance court may be extended to one or more appeal courts for the investigation, prosecution, investigation and judgment of offences provided for in the proceedings articles 221-6, 221-6-1, 222-19, 222-19-1, 222-20 and 222-20-1 of the Criminal Code in cases involving a plurality of victims and are or would appear to be of great complexity.
"This jurisdiction extends to related offences.
"A decree sets out the list and the jurisdiction of these courts, which includes a section of the prosecutor's office and specialized training courses of instruction and judgment for these offences.
"Art. 706-177. ― Within each large-instance court whose territorial jurisdiction is extended to one or more appeal courses, the Attorney General and the First President, after the advice of the Attorney General of the Republic and the President of the Court of Grand Instance, shall designate one or more prosecutors of the Public Prosecutor's Office, examining judges and magistrates of the head office specially responsible for the investigation, prosecution, investigation and judgment of the offences falling within the scope of Article 176.
"In each court of appeal whose territorial jurisdiction is extended to one or more courts of appeal, the first president and the Attorney General shall, respectively, designate magistrates of the headquarters and the Attorney General who are specially responsible for the judgment of the offences and the treatment of cases falling within the scope of section 706-176.
"Art. 706-178. ― The prosecutor of the Republic, the examining magistrate and the specialized correctional training of the court of large instance referred to in section 706-176 shall exercise, on the full extent of the jurisdiction established under this same section, a jurisdiction which is concurrent with that which is the result of the application of sections 43, 52, 382 and 706-42.
"The jurisdiction before the court shall be competent, regardless of the incriminations in the settlement or judgment of the case. However, if the facts constitute a contravention, the investigating judge shall refer the matter to the competent police court pursuant to section 522.
"Art. 706-179. ― The prosecutor of the Republic near a court of great jurisdiction other than those mentioned in Article 706-176 may, for offences falling within the scope of Article 706-176, require the examining magistrate to dive for the benefit of the competent court of investigation under that Article. The parties are previously notified and invited to make their observations known by the investigating judge. The order shall be made no later than eight days and no later than one month from that notice.
"When the examining magistrate decides to withdraw, his or her order shall only take effect from the five-day period provided for in section 706-180; where an appeal is made pursuant to this article, the examining magistrate shall remain seized until the decision of the board of inquiry in force of an order or that of the criminal chamber of the Court of Cassation is brought to his knowledge.
"As soon as the order has been brought to trial, the prosecutor of the Republic shall send the file of the proceedings to the prosecutor of the Republic to the court of competent jurisdiction pursuant to article 706-178.
"This section is applicable to the board of instruction.
"Art. 706-180. ― An order made pursuant to section 706-179 may, with the exception of any other remedy, be referred within five days of its notification, at the request of the public prosecutor or the parties, or to the board of inquiry if the specialized jurisdiction for the benefit of which the divestiture has been ordered or refused is within the jurisdiction of the court of appeal in which the jurisdiction initially seized, or, in the case The Chamber of Investigation or the Criminal Chamber shall, within eight days of the date of receipt of the record, designate the investigating judge responsible for continuing the information. The Public Prosecutor's Office may also refer directly to the Trial Chamber or the Criminal Chamber of the Court of Cassation where the examining magistrate has not issued his or her order within one month of the first paragraph of section 706-179.
"The decision of the investigating chamber or the criminal chamber is brought to the attention of the investigating judge as well as that of the public prosecutor and notified to the parties.
"This article is applicable to the decision of the board of inquiry rendered on the basis of the last paragraph of the same article 706-179, the appeal being brought before the criminal chamber.
"Art. 706-181. - The magistrates referred to in section 706-178 and the Attorney General at the competent court of appeal may apply to specialized assistants, designated under the conditions set out in section 706, to participate, in the manner provided for in that section 706, in the proceedings concerning offences falling within the scope of section 706-176.
"Art. 706-182. ― The Attorney General near the Court of Appeal in the jurisdiction of which is a competent court pursuant to Article 706-176 animates and coordinates, in consultation with the other prosecutors general of the interregional jurisdiction, the conduct of the public policy for the application of the same article. »
I. ― In the second paragraph of section 706-107 of the same code, the words "with the exception of the one referred to in section L. 218-19 of the Environmental Code" are deleted.
II. ― The second paragraph of section 706-108 of the same code is deleted.
Article 693 of the Code of Criminal Procedure is amended as follows:
1° At the end of the second sentence of the first paragraph, the references: "697-3, 705, 706-1 and 706-17" are replaced by the references: "628-1, 697-3, 705, 706-1, 706-17, 706-75, 706-107, 706-108 and 706-176";
2° The second paragraph reads as follows:
“The jurisdiction of Paris shall exercise concurrent jurisdiction over the first sentence of the first paragraph. Where the prosecutor of the Republic near a court of great jurisdiction other than that of Paris requires the investigating judge to have an offence within the scope of Chapter I of this title to defer to the jurisdiction of instruction of Paris, Articles 628-2 and 628-6 are applicable. »
The Code of Criminal Procedure is amended as follows:
1° The 1st of Article 398-1 is thus written:
« 1° Crimes on cheques articles L. 163-2 and L. 163-7 of the monetary and financial code ; »
2° Article 495 reads as follows:
"Art. 495. I. ― The prosecutor of the Republic may decide to use the simplified procedure of the criminal order for the offences referred to in II of this article when it results from the judicial police investigation that the facts charged to the accused are simple and established, that the information concerning the personality, charges and resources of the accused is sufficient to allow the determination of the sentence, which it does not appear necessary, in the light of the low gravity of the facts,
“II. ― The simplified criminal order procedure is applicable to the following offences, as well as related offences:
« 1° The crime of robberyArticle 311-3 of the Criminal Code as well as the record of this offence under article 321-1 of the same code;
« 2° The offence of filtering provided for in article 313-5 of the same code;
« 3° Offences of gage diversion or seized object provided for in articles 314-5 and 314-6 of the same code;
« 4° The offences of destruction, degradation and deterioration of a private or public property provided for in Article 322-1 and the first paragraphs and 2 of Article 322-2 of the same Code;
« 5° The offence of leakage under section 434-10 of the same code, when committed on the occasion of the conduct of a vehicle;
« 6° The offence of sale to the rescue provided for in articles 446-1 and 446-2 of the same code;
« 7° The offences provided for by the road code ;
« 8° Offences in regulations relating to land transport;
« 9° The offences set out in Book IV of the Commercial Code for which imprisonment is not incurred;
« 10° The offence of the use of narcotics first paragraph of Article L. 3421-1 of the Public Health Code ;
« 11° The offence of occupancy of common spaces or roofs of collective dwellings provided for in Article L. 126-3 of the Construction and Housing Code;
« 12° Forgery offences Articles L. 335-2, L. 335-3 and L. 335-4 of the Intellectual Property Codewhen committed by means of an online public communication service;
« 13° Crimes on cheques articles L. 163-2 and L. 163-7 of the monetary and financial code ;
« 14° The offences of carrying or transporting arms of the 6th category provided for inArticle L. 2339-9 of the Defence Code.
"III. ― The simplified procedure of the criminal order is not applicable:
« 1° If the defendant was under the age of eighteen on the day of the offence;
« 2° If the victim has made a direct reference to the defendant before the order under section 495-1 of this code has been issued;
« 3° If the offence was committed at the same time as an offence or a contravention for which the criminal order procedure is not provided;
« 4° If the facts were committed in a state of legal recidivism. » ;
3° The second paragraph of Article 495-1 is supplemented by a sentence as follows:
"The maximum amount of the fine that can be pronounced is half the amount of the fine incurred without being able to exceed €5,000. » ;
4° In the last paragraph of section 495-2, the reference: "last paragraph" is replaced by the reference: "I";
5° After the same article 495-2, an article 495-2-1 is inserted as follows:
"Art. 495-2-1. ― When the victim of the facts made an application in the course of the police investigation for damages or restitution that would constitute a civil party in accordance with the second paragraph of section 420-1, the president shall rule on that application in the criminal order. If he cannot rule on this application for any of the reasons referred to in the last paragraph of section 420-1, he shall refer the file to the Public Prosecutor's Office for the purpose of bringing the case to court on civil interests. Section 495-5-1 is then applicable. » ;
6° In the first sentence of the third paragraph of Article 495-3, the words: "and that this opposition" are replaced by the words: "that this opposition may be limited to the civil or criminal provisions of the order when it was decided on an application by the victim and that it";
7° After section 495-3, an article 495-3-1 is inserted as follows:
"Art. 495-3-1. ― When deciding on civil interests, the criminal order shall be notified to the civil party under one of the terms set out in the second paragraph of section 495-3. The civil party is informed that it has a period of forty-five days from this notification to form opposition to the civil provisions of the order. » ;
8° After the first sentence of the first paragraph of Article 495-4, a sentence is inserted as follows:
"In the event of an opposition made by the defendant on civil provisions or by the civil party, the court shall rule in accordance with the penultimate paragraph of section 464. » ;
9° At the end of the second sentence of the same first paragraph, the words: "is not subject to opposition" are replaced by the words: "is subject to opposition under the conditions set out in sections 489 to 494-1";
10° The second paragraph of Article 495-5 is as follows:
"However, the criminal order ruling only on public action does not have the authority of the thing judged in respect of civil action in compensation for damage caused by the offence. » ;
11° After article 495-5, an article 495-5-1 is inserted as follows:
"Art. 495-5-1. ― Where the victim of the offence is identified and has been unable to form a civil party under the conditions set out in section 495-2-1 or where he has not been determined on his application made pursuant to section 420-1, the public prosecutor must inform him of his right to request him to quote the perpetrator of the facts at a hearing of the correctional court ruling in accordance with section 420-1, paragraph 4 The court then ruled on the only civil interests, in the light of the record of the proceedings which was being debated. » ;
12° Sections 495-6-1 and 495-6-2 are repealed.
The same code is amended:
1° After section 180, an article 180-1 is inserted as follows:
"Art. 180-1. ― If the investigating judge considers that the facts constitute an offence, that the person under review acknowledges the facts and that he or she accepts the criminal qualification, he or she may, at the request or with the consent of the prosecutor of the Republic, the accused person and the civil party, order the referral of the case to the prosecutor of the Republic for the purpose of carrying out an appearance on prior recognition of guilt in accordance with section 8 of chapter II.
"Pre-trial detention, residential assignment under electronic supervision or judicial review of the person shall be terminated unless the third paragraph of section 179 is applied.
"The order of reference indicates that, in the event of failure of the trial proceedings on prior recognition of guilt or if, within a period of three months or, where the detention has been maintained, within one month of the proceedings, no decision of registration has been made, the accused is entitled to return to the correctional court. If the accused was detained, the fourth and fifth paragraphs of the same article 179 are applicable.
"The prosecutor of the Republic may, while implementing the trial procedure on prior recognition of guilt, assign the defendant to the correctional court; the summons shall be null and void if an order of registration is made before the expiry of the three-month period or one-month period referred to in the third paragraph of this section.
"The request or agreement of the Public Prosecutor's Office and of the parties provided for in the first paragraph, which must be written or referred to in the minutes, may be collected during the information or during the settlement procedure provided for in section 175; if such requests or agreements have been collected during the course of the information, this section may be implemented without the need to apply the same section 175. » ;
2° Section 495-7 is amended as follows:
(a) At the beginning, the words: "For offences punishable as a principal penalty of fine or imprisonment for a term of less than or equal to five years" are replaced by the words: "For all offences, except those mentioned in section 495-16 and offences of voluntary and involuntary breaches of the integrity of persons and of sexual assaults provided for to persons articles 222-9 to 222-31-2 of the Criminal Code where they are punished by imprisonment for more than five years";
(b) The reference: "of the provisions of Article 393" is replaced by the reference: "of Article 393 of this Code".
At the end of the second sentence of the first paragraph of section 528 of the same code, the words: "will not be subject to opposition" are replaced by the words: "is subject to opposition under the conditions set out in sections 489 to 494-1".
I. ― Section 529 of the same code is amended as follows:
1° In the first paragraph, the words "of the first four classes" are deleted;
2° The second paragraph is supplemented by the words: "or where the law provides that the recurrence of the contravention constitutes an offence. »
II. ― In the last two paragraphs of section 850 of the same code, the words "of the first four classes" are deleted.
III. – In the second paragraph of articles L. 216-14, L. 331-25 and L. 437-14 of the Environmental Code, the words: "of the first four classes" are deleted.
IV. ― In the first paragraph of Article L. 1721-2 of the Transportation Code, the words "of the first four classes" are deleted.
I. ― In the first paragraph of Article L. 141-2 of the Consumer Code, the words: "Planned Contraventions" are replaced by the words: " Contraventions, and offences that are not punishable by imprisonment, provided for."
II. ― After Article L. 310-6 of the Commercial Code, an article L. 310-6-1 is inserted as follows:
"Art. L. 310-6-1. ― For the offences provided for in this title or the texts taken for its application, the administrative authority responsible for competition and consumption shall, as long as the public action has not been put into motion, be entitled to transfer, after agreement of the public prosecutor, under the conditions provided for in Article L. 470-4-1. »
I. ― In the second paragraph of Article 529-6 of the Code of Criminal Procedure, the words "second and third" are replaced by the words "last three".
II. ― Section 529-10 of the same code is amended as follows:
1° In the first paragraph, the words "second and third" are replaced by the words "last three";
2° The 1st is completed by a c as follows:
"(c) Copies of the declaration of assignment of the vehicle and its accused of registration in the vehicle registration system; "
III. ― The road code is modified as follows:
1° After the second paragraph of Article L. 121-2, a sub-item reads as follows:
"In the event that the vehicle has been assigned, this responsibility weighs, with the same reserves, on the purchaser of the vehicle. » ;
2° Article L. 121-3 is supplemented by a paragraph as follows:
"In the event that the vehicle has been assigned, the monetary liability provided for in the first paragraph of this section shall, under the reserves provided for in the first paragraph of Article L. 121-2, be the purchaser of the vehicle. » ;
3° Chapter II of Book III title II is supplemented by an article L. 322-3 as follows:
"Art. L. 322-3. ― Is punished by two years imprisonment and 30,000 € fine any owner who makes a false statement certifying the assignment of his vehicle.
"The person guilty of the offence provided for in this article shall also be liable to the additional penalty for confiscation of the vehicle. » ;
4° Article L. 325-1-1 is supplemented by a paragraph as follows:
"In the event of a relax, the owner whose vehicle has been put into the furnace on the authorization of the prosecutor of the Republic may, in accordance with the terms specified by order of the Minister of Justice, ask the State for the reimbursement, in respect of the legal costs, of the costs of kidnapping and custody that he had to pay for his vehicle. » ;
5° After the sixth preambular paragraph I of Article L. 344-1, it is inserted a paragraph as follows:
"In the event of a relax, the owner whose vehicle has been put into the furnace on the authorization of the prosecutor of the Republic may, in accordance with the terms specified by order of the Minister of Justice, ask the State for the reimbursement, in respect of the legal costs, of the costs of kidnapping and custody that he had to pay for his vehicle. »
IV. ― Section 1018 A of the General Tax Code is amended as follows:
1° After the word: "decision;", the end of the 3rd is deleted;
2° After the eighth preambular paragraph, a sub-item reads as follows:
"When the person was convicted of driving under the influence of substances or plants classified as narcotics under theArticle L. 235-1 of the road code or 3° of articles 221-6-1,222-19-1 or 222-20-1 of the Criminal Code, the fixed procedural rights provided for in this section are increased by an amount, fixed by order of the Minister of Justice, equal to the amount, rounded to the lower ten, of the maximum allowances provided for the various toxicological analyses to establish the presence of narcotics in the blood. »
I. ― The Code of Criminal Procedure is amended as follows:
1° In title XI of Book IV, the words: "crimes and offences in military matters" and, in the title of Chapter I of the same title, the words: "crimes and offences in military matters" are replaced by the words: "military offences";
2° The same chapter I is amended as follows:
(a) The first paragraph of Article 697-1 is as follows:
"The courts referred to in Article 697 are aware of crimes and offences committed in the territory of the Republic by the military in the exercise of the service. » ;
(b) Section 1 is supplemented by articles 697-4 and 697-5 as follows:
"Art. 697-4. ― The courts referred to in Article 697 having their seat in Paris are also competent to hear crimes and offences committed outside the territory of the Republic by members of the French armed forces or against them in the cases provided for in Chapter I of Title II of Book I of the Code of Military Justice. In addition, one or more magistrates assigned to the trainings of the Paris Criminal Court specialized in military matters are charged, by order of the President of the High Court, with the judgment of the offences committed in these circumstances.
"The president of the Court of Grand Instance of Paris and the prosecutor of the Republic in this court shall designate, respectively, one or more investigating judges and prosecutors of the Public Prosecutor's Office specially responsible for the investigation, prosecution and investigation of the offences referred to in the first paragraph.
"Art. 697-5. ― For the judgment of the offences and contraventions mentioned in article 697-4, a separate room of the Paris Court of Grand Instance specialized in military matters may be instituted temporarily outside the territory of the Republic by decree in the Council of State under the conditions provided for by international treaties and agreements. » ;
(c) The first paragraph of Article 698 is as follows:
"The offences under the jurisdiction of the courts referred to in Articles 697 and 697-4 shall be prosecuted, investigated and tried in accordance with the rules of this Code, subject to the special provisions of Articles 698-1 to 698-9 and, in respect of offences committed outside the territory of the Republic, the special provisions of Code of Military Justice.
(d) Article 698-5 reads as follows:
"Art. 698-5. Sections L. 123-1 to L. 123-5, L. 211-12, L. 211-13, L. 211-22, L. 221-3, L. 261-6, L. 262-2, L. 264-3, L. 264-5, L. 265-1, L. 265-3, L. 266-2, L. 267-1, L. 267-2, L. 268-2 and the second paragraph Pursuant to Article L. 211-21 of the same code, the person being examined, the accused or the military convict must be detained in separate premises. » ;
(e) In the first sentence of the first paragraph of Article 698-6, the reference: "Article 697" is replaced by the references: "Articles 697 and 697-4";
(f) In the first sentence of the first paragraph of Article 698-9, the reference: "to Article 697" is replaced by the references: "to Articles 697 and 697-5";
(g) Section 706-16 is supplemented by a paragraph as follows:
"They are also applicable to the prosecution, investigation and judgment of acts of terrorism committed outside the territory of the Republic by members of the French armed forces or against them in the cases provided for in chapter I of title II of Book I of the Code of Military Justice. »
II. ― The Military Justice Code is amended as follows:
1° The 1st of Article L. 1 is repealed and the 2nd and 3rd of the same article become, respectively, the 1st and 2nd;
2° Article L. 2 is as follows:
"Art. L. 2. ― In peacetime, the offences committed by or against members of the armed forces fall within the jurisdictions of common law specialized in military matters in the cases provided for in Article L. 111-1. In addition to these cases, they fall within the jurisdiction of common law.
"The offences under the jurisdiction of the courts of common law specialized in military matters are prosecuted, investigated and tried according to the rules of Code of Criminal Proceduresubject to the special provisions of Articles 698-1 to 698-9 of the same Code and, where committed outside the territory of the Republic, the special provisions of this Code. » ;
3° The first three paragraphs of Article L. 3 are deleted;
4° Chapter I of Book I is thus written:
“Chapter I
“Competent jurisdictions
military matters in peacetime
"Art. L. 111-1. ― Courts of common law specialized in military matters referred to inArticle 697 of the Code of Criminal Procedure are competent for the judgment of crimes and offences committed in peacetime in the territory of the Republic by military personnel in the exercise of service.
"In accordance with Article 697-4 of the same Code, the courts mentioned in the first paragraph of this article having their headquarters in Paris are also competent for the judgment of crimes, offences and offences committed in peacetime outside the territory of the Republic by members of the French armed forces or against them, in accordance with Chapter I of Title II of Book I of this Code.
"The rules relating to the institution, organization and operation of the courts referred to in this article are defined by the Code of Criminal Procedure.
5° Articles L. 111-10 to L. 111-17, respectively, become articles L. 112-22-1 to L. 112-22-8 and are thus amended:
(a) The second paragraph of Article L. 112-22-2 is deleted;
(b) In the first paragraph of Article L. 112-22-1, in the first and second paragraphs of Article L. 112-22-3, in the second paragraph of Article L. 112-22-4, in the first and last paragraphs of Article L. 112-22-6, in the second sentence of the second paragraph of Article L. 112-22-7 and in Article L. 112-22-8, the words: "Tribunal to armies" are replaced by the words:
(c) In the first and second paragraphs of Article L. 112-22-3, in the second paragraph of Article L. 112-22-4 and in the second sentence of the second paragraph of Article L. 112-22-7, the words: "Procurator of the Republic" are replaced by the words: "Commissioner of the Government";
6° The first two paragraphs of Article L. 112-22 are deleted;
7° In article L. 121-1, the words: "the court in the armies knows" are replaced by the words: "the courts of Paris specialized in military matters know";
8° In article L. 121-6, at the beginning of the first sentence, the words: "The court in the armies is incompetent" are replaced by the words: "The courts referred to in article L. 121-1 are incompetent" and, at the beginning of the second sentence, the words: "This same court is competent" are replaced by the words: "These same courts are competent";
9° In Article L. 123-1, the words: "the jurisdictions of the armed forces are competent" are replaced by the words: "the jurisdiction seized is competent";
10° In the first sentence of the first paragraph of Article L. 123-4, the words: "a jurisdiction of the armed forces" are replaced by the words: "the jurisdiction of Paris specialized in military matters" and the words: "second, third and fourth" are replaced by the words: "last four";
11° The second to fourth paragraphs of Article L. 211-1 are replaced by a paragraph to read:
"The prosecutor of the Republic near the Paris High Court receives complaints and denunciations. He directs the activity of the judicial police officers of the armed forces in accordance with the provisions of Code of Criminal Procedure.
12° Article L. 211-8 is as follows:
"Art. L. 211-8. ― For the purposes of sections 63 to 64,77 to 78 and 154 of the Code of Criminal Procedure, the prosecutor of the Republic near the Court of Grand Instance of Paris or the investigating judge of this specialized military court may, if any, delegate their powers, respectively, to the prosecutor of the Republic or to the investigating judge of the Court of Grand Instance in whose jurisdiction the custody is being carried out. » ;
13° In article L. 211-10, the words "to which he is attached" are replaced by the words "specialized in military matters";
14° In article L. 211-12, the words: "in the courts of the armed forces" are deleted;
15° Chapter I of Book II title I is supplemented by section 5 as follows:
“Section 5
“From the Defence
"Art. L. 211-25. ― The persons referred to in chapter I of Book I title II may be defended by a lawyer or, if the distance is obstructed, by a member who they choose from a list established by the president of the Paris High Court. » ;
16° In sections L. 121-7, L. 121-8, L. 211-11, L. 211-14 and L. 211-15, the words: "from the tribunal to the armies" are replaced by the words: "from the courts of Paris specialized in military matters";
17° In article L. 211-17, the word "military" is deleted;
18° In the sixth and eighth paragraphs of article L. 211-3, in the first paragraph of article L. 211-4, in articles L. 211-7 and L. 211-10 and in the first paragraph and in the first sentence of the second paragraph of article L. 211-24, the words: "the court of hosts" are replaced by the words: "the court of great instance of Paris";
19° Sections L. 221-1, L. 221-2 and L. 221-4 and Chapter I and III of Book II title III are repealed and the title of Section 2 of the same chapters is deleted;
20° In the first paragraph of Article L. 241-1, the words: "the court in the armies" are replaced by the words: "the courts of Paris specialized in military matters";
21° The first paragraph of Article L. 261-1 is deleted;
22° In article L. 262-1, after the word "armies", are inserted the words: "and courts of Paris specialized in military matters";
23° Article L. 262-2 is amended as follows:
(a) In the first paragraph, the words: "by the court in the armies and by the courts of common law" are deleted;
(b) The second paragraph is deleted;
24° In the first paragraph of Article L. 265-1, the words: "the jurisdiction of the armed forces" are replaced by the words: "the jurisdiction seized";
25° At the beginning of the second paragraph of Article L. 265-3, the words: "The courts of the armed forces apply" are replaced by the words: "The jurisdiction seized applies";
26° Article L. 271-1 is as follows:
"Art. L. 271-1. – In times of war, only first and second paragraphs of Article 11 of the Code of Criminal Procedure are applicable. »
Article 697-2 of the Code of Criminal Procedure is thus restored:
"Art. 697-2. ― The specialized military jurisdictions referred to in section 697, in the jurisdiction of which is located either the home port of a national marine vessel or the connecting aerodrome of a military aircraft, are competent to hear any offence committed on board or against that ship or aircraft in any place it is located. »
In the second sentence of the first paragraph of article 698-1 of the same code, after the word "prosecution," the words are inserted: "including in the event of a requisitory against an unspecified person, a requisitory or a requisition following a complaint with a civil party constitution."
I. ― Article L. 311-7 of the Code of Military Justice reads as follows:
"Art. L. 311-7. ― Any conviction of a prohibition of civil rights or a prohibition of public service imposed by any jurisdiction against any member shall result in a loss of rank.
"When the same member is commissioned, it causes revocation. »
II. – Sections L. 311-8 and L. 311-11 of the same code are repealed.
The same code is amended:
1° The first five paragraphs of Article L. 321-2 are replaced by eight subparagraphs as follows:
"It is declared deserter inside, in peacetime, any military whose attachment formation is located in the territory of the Republic and who:
« 1° evade, absent without authorization, refuses to join or does not appear at the end of a mission, leave or leave;
« 2° Launched to join another connection training located outside the national territory, does not present itself;
« 3° Absent without authorization at the time of departure for a destination outside the national territory of the building or aircraft to which it belongs or on board.
"Constitutes a connection training: a body, detachment, base, training, building or military aircraft, a civilian or military health facility in the event of hospitalization, a penitentiary facility in the event of detention.
"It is competent to know acts of desertion within the jurisdiction in the jurisdiction in which the formation of the severance connection is located.
"In the cases provided for in 1°, the member is declared deserter on the expiration of six days from the day after the day on which the absence without authorization is found or the day after the mission, leave or leave is scheduled.
"No grace period shall be granted to the member in the circumstances of 2° and 3°. » ;
2° Section L. 321-3 is amended as follows:
(a) The first paragraph is replaced by two subparagraphs:
"The fact for any soldier to desert in peacetime is punishable by three years' imprisonment.
"The fact of deserting inside and crossing the boundaries of the territory of the Republic or remaining outside these limits is punishable by five years' imprisonment. » ;
(b) In the last paragraph, the word "destitution" is replaced by the words "loss of grade";
3° In the second sentence of the 1st of Article L. 321-4, the word "destitution" is replaced by the words "loss of grade";
4° Articles L. 321-5 to L. 321-7 are as follows:
"Art. L. 321-5. ― is declared deserter abroad, in peacetime, any member who, assigned to a grouping located outside the territory of the Republic:
« 1° evade, absent without authorization, refuses to join or does not appear at the end of a mission, leave or leave;
« 2° Launched to join another connection training located in any territory, including the national territory, does not present itself;
« 3° Absent without authorization at the time of departure of the vessel or aircraft to which it is owned or on board.
"Constitutes a connection training: a body, detachment, base, training, building or military aircraft, a civilian or military health facility in the event of hospitalization, a penitentiary facility in the event of detention.
"It is competent to hear acts of desertion abroad the jurisdiction provided for in Article 697-4 of the Code of Criminal Procedure.
"In the cases provided for in 1°, the member is declared deserter on the expiry of a period of three days from the day after the day on which the unauthorized absence is found or the day after the mission, leave or leave is scheduled. This period is reduced to one day in wartime.
"No grace period shall be granted to the member in the circumstances of 2° and 3°.
"Art. L. 321-6. ― The fact for any military to desert abroad in peacetime is punishable by five years' imprisonment. If he's an officer, he's in prison for ten years.
"However, when the military deserts abroad and stays or returns to the territory of the Republic, the penalty of imprisonment is reduced to three years.
"Art. L. 321-7. ― The penalty of imprisonment may be extended to ten years against any member who has deserted abroad:
« 1° Taking a weapon or state equipment;
« 2° Being of service;
« 3° With conspiracy.
"It is deemed desertion with plot any desertion abroad carried out together by more than two individuals. » ;
5° Sections L. 321-8 to L. 321-10 are repealed.
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2011-641 DC of 8 December 2011. ]
I. ― Article L. 112-8 of the Financial Jurisdiction Code is supplemented by a paragraph to read as follows:
"The members of the Court of Auditors are required to comply, in the exercise of their responsibilities, with the professional standards set by the first president, after the advice of the Superior Council of the Court of Auditors. »
II. ― Article L. 212-16 of the same code is supplemented by a paragraph as follows:
"The members of the Regional Boards of Accounts are required to comply, in the exercise of their responsibilities, with the professional standards set by the first President of the Court of Accounts, following the advice of the Superior Council of the Regional Boards of Accounts. »
I. ― Article L. 211-2 of the same code is as follows:
"Art. L. 211-2. ― The subject of administrative discharge by the competent authorities of the State designated by the Minister responsible for the budget:
« 1° The accounts of municipalities whose population does not exceed 3,500 inhabitants for the 2012 fiscal year and 5,000 inhabitants for subsequent periods or whose regular income in the last administrative account is less than 1 million euros for the 2012 fiscal year and three million euros for subsequent years, as well as those of their public institutions;
« 2° The accounts of public inter-communal cooperation institutions whose population does not exceed 5,000 inhabitants for the 2012 fiscal year and 10,000 inhabitants for subsequent years and whose regular income in the last administrative account is less than two million euros for the 2012 fiscal year and five million euros for subsequent years;
« 3° Accounts of authorized trade union associations and remembrement associations;
« 4° The accounts of the local public educational institutions, beginning in the 2013 fiscal year, whose operating resources in the last financial account are less than three million euros.
"The amount of ordinary revenues taken into account for the purposes of this section is reassessed every five years, beginning in 2013, based on the evolution of the Non-Smoking Consumer Price Index. »
II. ― At the first sentence of Article L. 231-7 and at the beginning of the first paragraph of Article L. 231-9 of the same code, the words "the superior accountant of the Treasury" are replaced by the words "the competent authority of the State designated by order of the minister responsible for the budget".
III. ― In section L. 231-8 of the same code, the words "Superior Accountants of the Treasury" are replaced by the words "competent authorities of the State designated by order of the Minister responsible for the budget".
The last three sentences of the second paragraph of Article L. 111-9-1 of the same code are replaced by two sentences as follows:
"She decides on the directions of this work, leads them and deliberates on their results. It adopts the synthesis and the follow-up to it. »
The title of chapter II of title III of Book I of the same code is supplemented by the words "and with the Government".
I. ― At the end of section L. 132-4 of the same code, the words: ", as well as the organizations and undertakings it controls under sections L. 133-1 and L. 133-2" are replaced by the words: "or that of the regional or territorial boards of accounts".
II. ― After article L. 132-5 of the same code, an article L. 132-5-1 is inserted as follows:
"Art. L. 132-5-1. ― The Prime Minister may request the Court of Auditors to conduct any investigation into the enforcement of financial laws, the application of social security financing laws, and any investigation into the management of services or organizations subject to its control or that of the regional or territorial boards of accounts. »
Chapter I of title IV of book I of the same code is amended as follows:
1° The title is thus written: "General Rules of Procedure";
2° Before L. 141-1, an article L. 141-1 A is inserted as follows:
"Art. L. 141-1 A. ― Subject to the provisions of this Code, the judgments, notices, observations and opinions of the Court of Auditors shall be deliberated and adopted collegially, after a contradictory procedure. » ;
3° In the first sentence of the second paragraph of Article L. 141-1, the words: " Magistrates, Extraordinary Service Advisors and Rapporteurs of the Court of Auditors" are replaced by the words: "members and staff of the Court of Auditors referred to in chapter II, sections 1 to 4, of Title I of this book";
4° After Article L. 141-3, an article L. 141-3-1 is inserted as follows:
"Art. L. 141-3-1. ― The members and staff of the Court of Auditors referred to in sections 1 to 4 of Chapter II of Title I of this book may request independent administrative authorities and supervisory and regulatory authorities any information relevant to the investigations carried out in the course of their duties, without a law-protected secret being brought against them. » ;
5° Article L. 141-4 is as follows:
"Art. L. 141-4. ― The Court of Auditors may use, for technical investigations, the assistance of experts appointed by its first president. If it comes to public agents, she informs their chief of service. Experts may not be designated for a mission relating to a case that they have had to know, even indirectly, in the performance of their duties. The experts carry out their duties in liaison with one of the members and staff of the Court of Auditors referred to in chapter II, sections 1 to 4, of heading I of this book, under conditions specified by regulation.
"The experts are required to have professional secrecy. » ;
6° Article L. 141-5 is as follows:
"Art. L. 141-5. ― The financial services officers and auditors of the audited organizations shall be dismissed from the professional secrecy with respect to the members and staff of the Court of Auditors referred to in sections 1 to 4 of Chapter II of Title I of this book, in connection with the investigations carried out by them in the course of their duties.
"For the purposes of the same investigations, the members and staff of the Court of Auditors referred to in the same sections 1 to 4 may exercise the right of communication directly that financial services officers hold from the law. » ;
7° Section L. 141-6 is amended as follows:
(a) In the first sentence of the first paragraph, the words: " magistrates, master advisers in special service and rapporteurs of the latter " are replaced by the words: " members and staff of the Court of accounts referred to in chapter II, sections 1 to 4, of title I of this book " ;
(b) At the beginning of the second paragraph, the words: "A Notice of Investigation shall be established" are replaced by the words: "A notification of the beginning of the audit shall be established";
(c) At the end of the last paragraph, the words "interested" are replaced by the words "to the delegant and the delegate";
8° In Article L. 141-8, the words: "Special Service Master Advisors and Rapporteurs" are replaced by the words: "Members and staff of the Court of Accounts referred to in Chapter II, sections 1 to 4 of Title I of this book";
9° The second paragraph of Article L. 141-10 is deleted;
10° At the beginning of the second paragraph of Articles L. 262-45 and L. 272-43 and at the beginning of the first paragraph of Article L. 272-41-1, the words: "The notice of inquiry referred to in Article L. 141-6 shall be replaced by the words: "The notification referred to in Article L. 141-6 shall be established".
I. ― The same code is amended:
1° Title IV of Book I is supplemented by a chapter III entitled " Provisions relating to non-judicial proceedings" and comprising seven sections.
Section 1 is entitled “Reporting of Observations” and includes sections L. 143-1 to L. 143-5.
Section 2 is entitled "Public Reports of the Court of Auditors" and includes sections L. 143-6 to L. 143-10-1.
Section 3 is entitled: " Provisions relating to procedures specific to the control of public institutions and organizations receiving public financial competitions" and includes section L. 143-11.
Section 4 is entitled: " Provisions relating to procedures specific to social security control" and does not include legislation.
Section 5 is entitled: " Provisions relating to procedures specific to the quality assurance of public administration accounts" and does not include legislation.
Section 6 is entitled: " Provisions relating to procedures specific to the contribution to the evaluation of public policies" and does not include legislation.
Section 7 is entitled: " Provisions relating to specific procedures for assistance to the Government" and includes Article L. 143-14;
2° Article L. 143-1 is as follows:
"Art. L. 143-1. ― Observations and recommendations for improvement or reform relating to the management of services, organizations and undertakings referred to in sections L. 111-3 to L. 111-7 shall be the subject of communications from the Court of Auditors to ministers, agencies and enterprises and to the competent administrative authorities, under conditions prescribed by regulation.
" Subject to the respect of the secrets protected by law, the Court of Auditors may publish these observations and recommendations, in accordance with the terms set by a decree in the Council of State. » ;
3° Article L. 135-2 becomes Article L. 143-2;
4° Article L. 135-3 becomes Article L. 143-3 and, in the second sentence of the first paragraph of the same article, the words "as well as the regularity and sincerity of accounts" are deleted;
5° Article L. 136-6 becomes Article L. 143-10-1;
6° Article L. 135-4 becomes Article L. 143-4;
7° Article L. 135-5 becomes Article L. 143-5 and, in the first sentence of the same article, the references: "L. 135-2 and L. 135-3" are replaced by the references: "L. 143-2 and L. 143-3";
8° Articles L. 136-1 to L. 136-5, respectively, become articles L. 143-6 to L. 143-10;
9° Article L. 143-11 is as follows:
"Art. L. 143-11. - When the Court of Auditors exercises the jurisdiction defined in chapter III of Book I, it shall implement the procedures established by Articles L. 141-1 A to L. 141-10 and L. 143-2 to L. 143-4. » ;
10° In Article L. 111-8-2, the reference: "L. 135-3" is replaced by the reference: "L. 143-3";
11° In Article L. 314-19, the reference: "L. 135-5" is replaced by the reference: "L. 143-5";
12° Article L. 251-1 is amended as follows:
(a) In the first paragraph, the references: "L. 136-2 to L. 136-4" are replaced by the references: "L. 143-7 to L. 143-9";
(b) At 2°, the reference: "L. 136-2" is replaced by the reference: "L. 143-7";
13° Section L. 135-1 is repealed.
II. ― In the first paragraph of Article 6 of Order No. 58-1100 of 17 November 1958 on the functioning of parliamentary assemblies, the reference is "L. 135-5" and the reference is "L. 143-5".
Article L. 143-14 of the Financial Courts Code is as follows:
"Art. L. 143-14.-The findings of the investigations carried out by the Court of Auditors pursuant to section L. 132-5-1 shall be communicated to the Prime Minister within a time limit set after consultation with the first President of the Court of Auditors.
"The Prime Minister may decide on their publication. »
I. ― Article L. 212-1 of the same code is as follows:
"Art. L. 212-1.-The seat and the spring of the regional boards of accounts are fixed by decree in the Council of State. Their number cannot exceed twenty.
"When the jurisdiction of a Regional Board of Accounts is amended, the proceedings before that Board and which fall within the jurisdiction of the amendment shall be settled in accordance with the terms set out in the last three paragraphs of this Article.
"The court proceedings before the Regional Board of Auditors and which have not been included in the Board's role are forwarded to the Court of Auditors, which may delegate the case to the Regional Board of its choice.
"The administrative proceedings before the Regional Board of Auditors and on which a deliberation has not yet taken place are, at that date, transmitted to the Court of Auditors, which may delegate the matter to the Regional Chamber of its choice.
“It is deliberate on cases that are not transmitted to the Court of Auditors pursuant to the third and final paragraphs in accordance with the provisions of the Financial courts code applicable to regional boards of accounts before the effective date of Act No. 2011-1862 of 13 December 2011 on the distribution of litigation and the ease of certain jurisdictional procedures. »
II. — The preliminary chapter of Part I of Book II is repealed.
In the second paragraph of Article L. 122-1 of the Administrative Justice Code, after the word "satisfactory" are inserted the words ", the deputy chairs of the contentious section".
I. ― Article L. 211-1 of the same code is as follows:
"Art. L. 211-1. ― Administrative courts are, first and foremost, subject to the competence assigned to other administrative courts, judges of common law of administrative litigation. »
II. ― At the end of Article L. 311-1 of the same code, the words "to the State Council" are replaced by the words "to another administrative jurisdiction".
Article L. 211-4 of the same code is as follows:
"Art. L. 211-4. ― In administrative tribunals and administrative appeals courts, the heads of jurisdiction may, if agreed by the parties, organize a conciliation mission and designate the person(s) responsible for that purpose. »
At the end of article L. 221-2 of the same code, the words: "in the absence of a member from another administrative tribunal, a lawyer registered at the seat bar by following the order of the table" are replaced by the words: "a judge belonging to another administrative tribunal".
I. ― The fifth paragraph of Article L. 552-1 of the same code is amended as follows:
1° In the first sentence, the words: "or the expiry of the period left to decide" are deleted and the words: "the administrative court" are replaced by the words: "the president of the administrative court of appeal or the magistrate whom he designates for this purpose";
2° At the end of the second sentence, the words: "; in the absence of a decision within that period, the first-degree decision is deemed to be confirmed" are deleted.
II. ― The fourth paragraph of Article L. 279 of the Tax Procedures Book is amended as follows:
1° In the first sentence, the words: "or the expiry of the period left to decide" are deleted and the words: "the administrative court" are replaced by the words: "the president of the administrative court of appeal or the magistrate whom he designates for this purpose";
2° At the end of the second sentence, the words: "; in the absence of a decision within that period, the first-degree decision is deemed to be confirmed" are deleted.
III. ― At the end of Article L. 552-3 of the Administrative Justice Code, the references: "to articles L. 201 A and L. 201 B of the same book" are replaced by the reference: "to these articles".
IV. ― I and II apply to applications registered after the coming into force of this Act.
Title VII of Book VII of the Code of Administrative Justice is supplemented by chapter IX as follows:
“Chapter IX
« The parking lot
mobile homes of travellers
"Art. L. 779-1. ― Motions against the decision to leave the places mentioned in II bis of Article 9 of Law No. 2000-614 of 5 July 2000 relating to the reception and housing of travellers are presented, instructed and judged under conditions fixed by decree in the Council of State.
"Without reference to collegial training, the hearing takes place without conclusions from the public rapporteur. »
I. ― Sections 62 to 65 of Act No. 70-632 of 15 July 1970 on a national contribution to the compensation of French persons deprived of property in a territory previously under the sovereignty, protection or guardianship of France are repealed.
II. ― Section L. 211-3 of the Administrative Justice Code is repealed.
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2011-641 DC of 8 December 2011. ]
After article L. 670-1 of the same code, an article L. 670-1-1 is inserted as follows:
"Art. L. 670-1-1. - This title is also applicable to natural persons domiciled in the departments of Moselle, Bas-Rhin and Upper-Rhin who have filed a declaration of heritage constitution assigned in accordance with Article L. 526-7 and whose agricultural, commercial, artisanal or independent activity is exclusively exercised with heritage assignment.
"Unless otherwise provided, the references made to the person, the debtor, the contract and the contractor shall, respectively:
"—the person as a holder of an unaffected heritage;
"– the debtor as holder of an unaffected heritage;
“– the contract passed by the debtor thus defined;
“—the contracting partner who entered into such a contract with him.
"The provisions that are of interest to the property, rights or obligations of the persons referred to in the first paragraph shall, unless otherwise provided, be understood to include elements of the sole unaffected heritage. Provisions that are relevant to the rights or obligations of creditors of such persons shall apply, unless otherwise provided, within the limits of the sole unaffected heritage. »
Article 2-15 of the Code of Criminal Procedure is supplemented by a paragraph to read:
"The associations and federations of associations provided for in this section may seek compensation for the costs incurred in connection with the accident and which are the direct or indirect consequence of the offence for which they exercised the rights recognized to the civil party. »
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2011-641 DC of 8 December 2011. ]
I. ― The eighth paragraph of section 56 of the same code is supplemented by the words "or an account opened to a bank institution by the Agency for the Management and Recovery of seized and confiscated assets".
II. ∙ The eighth paragraph of section 97 of the same code is amended as follows:
1° The words: "the clerk to make it" are replaced by the word "their";
2° The words are added: "or on an account opened to a bank institution by the Agency for the Management and Recovery of seized and confiscated assets".
The same code is amended:
1° Section 85 is supplemented by a paragraph to read:
"When the complaint with the constitution of a civil party is formed by a not-for-profit corporation, it is admissible only provided that the legal entity justifies its resources by joining its balance sheet and result account. » ;
2° Section 392-1 is amended as follows:
(a) In the second sentence of the first paragraph, the word "second" is replaced by the word "third";
(b) After the first preambular paragraph, a sub-item reads as follows:
"When the civil party is a not-for-profit corporation, it must, under penalty of non-receivability of the direct quote, produce its balance sheet and result account in the court to allow the determination of the amount of the summons. »
In the first sentence of the second paragraph of Article 133 of the same Code, after the word "mandation" are inserted the words: "and that it is not possible to conduct it within twenty-four hours before the magistrate".
The same code is amended:
1° Section 142-6 is supplemented by a paragraph as follows:
"The judge decides after having checked the technical feasibility of the measure. » ;
2° In the first sentence of the penultimate paragraph of Article 145, after the word "judicial", the words "or under house arrest with electronic surveillance" are inserted;
3° In the second sentence of the first paragraph of Article 706-53-19, after the words: "of the public health code and", the words are inserted: ", after verification of the technical feasibility of the measure",
4° The beginning of the 2nd of Article 723-30 is thus written:
« 2° After verification of the technical feasibility of the measurement, obligation... (the rest without change). » ;
5° In the first sentence of the fourth paragraph of Article 763-3, after the reference: "763-10" and, in the first sentence of the third paragraph of Article 763-10, after the word "examination" are inserted the words: "and after having checked the technical feasibility of the measure".
I. ― After the second paragraph of section 194 of the same code, a paragraph is inserted as follows:
"The same applies in the event of a judicial review or residential summons with electronic surveillance; in the absence of an appeal for an order under judicial review or under house arrest with electronic supervision or refusal of release of any of these two measures, the release of the order is acquired in full right, unless the person's request has been ordered or unforeseeable and insurmountable circumstances hinder the judgment of the case within the time limit provided for in this section. »
II. ― In the last paragraph of section 199 of the same code, the word "third" is replaced by the word "last".
The same code is amended:
1° After Article 234, an article 234-1 is inserted as follows:
"Art. 234-1. - When the head of the department where the sittings are held is not the seat of a high court, the high court referred to in articles 242, 249, 251, 261-1, 262, 263, 265, 266, 270, 271 and 289 is the place where the sittings are held. » ;
2° In the first sentence of article 884, after the word "Mamoudzou", the words are inserted: "or on a request for a procedure before this court".
The second paragraph of section 417 of the same code is as follows:
"If the accused has not chosen a defence counsel before the hearing, the President shall inform him, if he has not received that information before the hearing, that he may, at his request, be entitled to an ex officio lawyer. If the defendant makes this request, the president starts an ex officio defender. »
I. ― In the first sentence of the first paragraph of section 475-1 of the same code, after the words: "the offence" are inserted the words: "or the person sentenced civilly under section 470-1".
II. ― Section 618-1 of the same code is read as follows:
"Art. 618-1. ― Where an application for cassation made by the person prosecuted or by the civil party has been rejected, the court may condemn the applicant to pay to the other party the amount determined by the court in respect of costs not paid by the State and exposed by the State. The court shall take into account the fairness or economic situation of the applicant to decide on the award and determine the amount. »
III. ― After the second paragraph of section 800-2 of the same code, a paragraph is inserted as follows:
"These provisions are also applicable to the Court of Cassation in the event of a dismissal of a claim relating to a decision of non-place, relax or acquittal. »
After the second paragraph of Article 665 of the same code, a paragraph shall be inserted as follows:
"The request referred to in the second paragraph must be served on all interested parties, who have a period of eight days to file a case at the Registry of the Court of Cassation. »
The Public Health Code is amended to read:
1° Articles L. 3413-1 to L. 3413-3 are as follows:
"Art. L. 3413-1. ― Whenever the judicial authority directs a person who has made illegal use of narcotic drugs or habitual and excessive use of alcohol to submit to a therapeutic injunction that consists of a medical care or supervision measure, it shall inform the Director General of the regional health agency.
"The medical examination shall be carried out as soon as possible by a doctor designated as a relay doctor or, where appropriate, a socio-psychological assessment by an authorized psychologist or any health professional also authorized by the Director General of the Regional Health Agency. This empowerment must include the justification for training or professional experience in the area of addiction care. The Director General of the Regional Health Agency shall also conduct, as appropriate, an investigation into the family, professional and social life of the individual, if any at the request of the designated health professional. If this request is not implemented, the designated health professional may notify the judicial authority of the request to determine the appropriateness of the investigation.
"At the end of this evaluation phase, the designated health professional shall forthwith notify the judicial authority of his or her opinion on the appropriateness of the therapeutic injunction measure.
"Art. L. 3413-2. ― If the medical examination or the assessment provided for in section L. 3413-1 confirms the appropriateness of a therapeutic injunction, the designated health professional invites the individual to present himself with a care, counselling and prevention centre in addictology or a doctor of his or her choice or, if not, designated as an ex officio medical treatment or to be the subject of appropriate medical care.
"Art. L. 3413-3. ― The doctor relays, the authorized psychologist or the authorized health professional is responsible for the implementation of the therapeutic injunction measure, proposing the terms and conditions and monitoring it.
"He informs the judicial authority of the evolution of the dependency situation of the individual.
"In the event of an interruption of follow-up on the initiative of the individual or any other incident occurring during the measurement, the designated health professional shall promptly inform the judicial authority. » ;
2° Article L. 3423-1 is as follows:
"Art. L. 3423-1. ― The Public Prosecutor may enjoin the person who has made illegal use of narcotic drugs or the habitual and excessive use of alcohol to submit to a therapeutic injunction in the form of a medical care or surveillance measure under the conditions set out in sections L. 3413-1 to L. 3413-4.
"The duration of the measure is six months, renewable three times on the same terms.
"Public action is not carried out against those who submit to the therapeutic injunction that is ordered to them and follow it until its end.
" Similarly, public action is not exercised in respect of persons who have made illicit use of narcotic drugs when it is determined that they have submitted, from the facts they are charged with, to a medical care measure or supervision that is appropriate in the conditions set out in chapters II and IV of Title I of this book. »
Section L. 6132-3 of the Transportation Code is amended as follows:
1° In the first paragraph, the word "three" is replaced by the word "one";
2° In the second paragraph, the reference: "87" is replaced by the reference: "88".
The last paragraph of Article 14-1 of Law No. 89-462 of 6 July 1989 to improve rental reports and amend Act No. 86-1290 of 23 December 1986 is replaced by two paragraphs:
"The judge who notes the termination of the lease authorizes, if necessary, the auction of the assets left on the spot and may declare the property not liable to be sold.
"A decree in the Council of State specifies the conditions for the application of this article. »
I. ― Sections 1 to 14 of this Act come into force on the first day of the thirteenth month following its promulgation.
II. ― Section 32 of this Act comes into force on January 1, 2012. At that date, the proceedings before the court of the armed forces are transferred to the state to the courts of common law specialized in military matters that have their seat in Paris, without the need to renew the acts, formalities and judgments that have taken place regularly before the date of its deletion, with the exception of the summonses and summonses given to the parties and witnesses who have not been followed by an appearance before the court.
The summonses and summonses may be issued before the entry into force of the same article 32 for an appearance before the courts of common law specialized in military matters having their seat in Paris, at a date after that entry into force.
The parties who have appeared before the deleted court shall be informed by one or the other of the courts that it is their responsibility to perform the proceedings before the courts of common law specialized in military matters having their headquarters in Paris to which the proceedings are transferred.
The records and minutes of the court's office of the abolished armies are transferred to the office of the courts of common law specialized in military matters in Paris. The costs of transferring these archives and minutes are taken from the appropriation to the budget of the Ministry of Justice.
III. ∙ Sections 1 and 2 of this Act apply to the procedures in progress under the following conditions:
In civil matters, the local jurisdiction remains competent to hear proceedings pending until the first day of the seventh month following the date set out in I, the date on which these proceedings are transferred to the court of proceedings. In matters whose knowledge is transferred by the effect of this Act to the court of proceedings, summonses and summonses given to the parties may be issued before the date set out in the same I for an appearance after that date before the court of proceedings.
In criminal matters, current procedures are transferred to the police court. For contraventions of the police court under this Act, summonses and summonses to the parties and witnesses may be issued before the date set out in audit I for a hearing after that date before the police court.
There is no need to renew the actions, formalities and judgments that have taken place regularly before the transfer of civil or criminal proceedings, with the exception of summonses, summonses and summonses given to the parties and witnesses who have not been followed by an appearance before the deleted court.
The parties who have appeared before the deleted court are informed by one or the other of the courts that they are responsible for carrying out the proceedings before the court to which the proceedings are transferred.
The records and minutes of the local court registry are transferred to the court of proceedings or the police court according to the nature of the proceedings. The costs of transferring these archives and minutes are taken from the appropriation to the budget of the Ministry of Justice.
IV. Sections 4 to 15 are not applicable to current procedures.
V. ― Effective date first sentence of the first paragraph of Article 30 of Law No. 2007-291 of 5 March 2007 to strengthen the balance of criminal proceedings, the Code of Criminal Procedure is amended:
1° In the first, second and last paragraphs of 628-1, the words: "instruction judge" are replaced by the words: "instruction centre";
2° In sections 628-2,628-3 and 628-6, the words "instruction judge" are replaced by the words "instruction college".
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2011-641 DC of 8 December 2011. ]
Sections 1, 2, 6, 14 and 22 to 70 of this Act apply in the Wallis and Futuna Islands, French Polynesia and New Caledonia.
The III of section 4 of this Act is applicable in the Wallis and Futuna Islands.
Section 7 of this Act is applicable in the Wallis and Futuna Islands and New Caledonia.
This law will be enforced as a law of the State.
Done in Paris, December 13, 2011.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
Minister of Defence
and veterans,
Gérard Longuet
The guard of the seals,
Minister of Justice and Freedoms,
Michel Mercier
Minister of Budget, Public Accounts
and state reform,
Government spokesperson,
Valérie Pécresse
