Key Benefits:
Public officials concerned: police and national gendarmerie, public authorities, justice, customs, individuals.
Subject: creation of a personal data processing on "judicial history" to replace two existing files: the National Police's (STIC) system of treatment of offences and the judicial system of documentation and operation of the National Gendarmerie (JUDEX).
Entry into force: the text comes into force on the day after its publication.
Notice: the new treatment of judicial precedents pools the two existing judicial records of the national police and gendarmerie. Like the STIC and JUDEX files, which will be completely replaced on 31 December 2013, the purpose of this treatment is to provide the investigators of the national police and gendarmerie as well as the judicial customs with assistance in the judicial investigation, in order to facilitate the finding of the offences, the gathering of evidence of these offences and the search for their author. The decree defines the data collected by these investigators who may be included in the file, as well as their retention period. It lists people who have access to these data and provides for a control procedure and a right of access.
References: This text is taken for the application of theArticle 11 of Act No. 2011-267 of 14 March 2011 orientation and programming for the performance of internal security. The Code of Criminal Procedure Amended by this decree is available in its version of these amendments on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of the Interior, Overseas, Territorial Authorities and Immigration,
Vu le Criminal code ;
Vu le Code of Criminal ProcedureArticles 230-6 to 230-11;
Considering the code of internal security, including its article L. 235-1;
Vu la Act No. 78-17 of 6 January 1978 amended on computer science, files and freedoms, including article 26;
Vu la Act No. 95-73 of 21 January 1995 amended security orientation and programming, including article 17-1;
Vu le Decree No. 2005-1124 of 6 September 2005 modified, taken for applicationArticle 17-1 of Act No. 95-73 of 21 January 1995 and setting out the list of administrative investigations leading to the consultation of the automated personal data processing referred to in theArticle 230-6 of the Code of Criminal Procedure ;
Having regard to the opinions of the National Commission on Informatics and Freedoms dated 7 July and 6 October 2011;
The State Council (inland section) heard,
Decrete:
In Book I of the regulatory part of the Code of Criminal Procedure, a Title IV shall be created which shall include:
« TITRE IV
"Communications
“Chapter I
"From clearing the figures
necessary for the manifestation of the truth
"This chapter does not include a regulatory provision.
“Chapter II
« Judicial police files
“Section 1
"The treatment of judicial precedents
"Art. R. 40-23.-The Minister of the Interior (General Directorate of the National Police and General Directorate of the National Gendarmerie) is authorized to implement automated processing of personal data, known as "treatment of judicial precedents", whose purposes are those mentioned in section 230-6.
"Art. R. 40-24.-The processing is made up of data collected as part of the procedures established by the police and the units of the national gendarmerie, or by customs officers authorized to carry out judicial police missions when a police service or a gendarmerie unit is called upon to ensure its continuation or joint conduct.
"It may contain personal data of the nature of those referred to in Article 8 of the Act of 6 January 1978, in the only cases where such data arise from the nature or circumstances of the offence or relate to specific, objective and permanent physical signs, as evidence of the persons, as long as these elements are necessary for the implementation of the purposes referred to in Article 230-6.
"As necessary, and as part of existing international commitments, processing is also made up of personal data from the treatment managed by international cooperation agencies in the field of judicial police or foreign police services.
"Art. R. 40-25.-The data collected under section R. 40-24 may be limited to the following categories:
« 1° R. 625-1, R. 625-1, R. 625-3, R. 625-5, R. 625-5, R. 625-1, R. 625-3, R. 625-7, R. 625-5, R. 625-5, R. 625-1, R. 625-1, R. 625-5, R. 625-5, R. 625-1, R. 625-5,
« 2° The victims of these offences;
« 3° Persons investigated or investigated for the causes of death, serious injury or disappearance within the meaning of sections 74 and 74-1.
"Art. R. 40-26.-May be recorded in this processing the following categories of personal data and information:
« 1° Concerning the persons involved:
“(a) Physical persons:
"identity (name, marital name, official borrowing name, first names, sex)
“– nickname, aliases;
"- date and place of birth;
“– family situation;
“– filiation;
"nationality;
“– addresses;
“– occupation;
“—the condition of the person;
“– signaling;
« ― photograph with technical characteristics allowing to use a facial recognition device (picture face to face) ;
“– other photographs;
“(b) Legal persons:
“–Social reason, trade sign, acronym;
“– legal form;
" — registration number in the trade and corporate register;
“—the place of the head office;
" — SIREN number, SIRET;
"– the sector of activity;
“– addresses;
« 2° Concerning victims:
“(a) Physical persons:
"identity (name, marital name, official borrowing name, first names, sex)
"- date and place of birth;
“– family situation;
"nationality;
“– addresses;
“– occupation;
“—the condition of the person;
“(b) Legal persons:
“–Social reason, trade sign, acronym;
“– legal form;
" — registration number in the trade and corporate register;
"– the sector of activity;
“—the place of the head office;
“– addresses;
« 3° Concerning persons investigated or investigated for the causes of death or disappearance:
"identity (name, marital name, official borrowing name, first names, sex)
"- date and place of birth;
“– family situation;
"nationality;
“– addresses;
“– occupation;
“—the condition of the person;
"-reporting (for missing persons and unidentified bodies);
“– photograph with technical characteristics allowing the use of a facial recognition device (picture of the face of missing persons and unidentified bodies);
“– photographs (for missing persons and unidentified bodies).
"The non-personal data are also recorded that relate to the facts, objects of the investigation, the places, dates of the offence and operating modes, and the data and images relating to objects, including those that indirectly identify the persons concerned.
"Art. R. 40-27.-I. ― Data concerning the person in question is kept for twenty years.
"By derogation, they are retained:
"– five years when the person is questioned for one of the offences provided by the road code or Articles 221-6,221-6-1,222-19,222-19-1,222-20-1,225-10-1,227-3 to 227-11,311-3,314-5,314-6,431-1,431-4 and 434-10 of the Criminal Code and L. 3421-1 of the Public Health Code, as well as for the contraventions listed in R. 40-25;
"– Forty years when the person is questioned for one of the offences listed in Table 1 below.
“II. ― The data on the person in question is kept for five years.
"By derogation, they are retained:
"–10 years when the person is questioned for one of the offences listed in Table 2 below;
" – twenty years when the person is questioned for one of the offences listed in Table 3 below.
"III. ― In the event of an appeal for one or more new offences prior to the expiration of one of the durations, set out in I and II, for the retention of the initial data, the longest remaining retention period applies to data for all of the offences for which the person was involved.
"IV. – The retention period of personal data for victims is not more than fifteen years.
"V. ― The personal data concerning the persons referred to in the 3rd of Article R. 40-25 are erased when the investigation allowed the person to be found or to deviate any suspicion of a crime or offence.
“Table 1. ― List of offences for the retention of data for persons in question
| Offence against persons: |
| - administration of harmful substances; |
| - diversion of means of transport; |
| - poisoning; |
| abduction, sequestration, hostage taking; |
| - exploitation of aggravated or organized begging; |
| crime against humanity, genocide; |
| murder, murder; |
| - threat of death, threat of destruction, degradation or dangerous deterioration for people; |
| - torture, barbarism; |
| voluntary violence that led to death; |
| voluntary violence resulting in permanent mutilation or infirmity; |
| - robbery with violence; |
| sexual assault; |
| sexual assault on 15 years of age, sexual assault on minors over 15 years of age aggravated; |
| corruption of minors; |
| - procuring; |
| rape; |
| - drug trafficking; |
| - deals with human beings. |
| Offences against property: |
| - aggravated trust abuse; |
| ― the destruction, degradation and deterioration of a property belonging to another person by the effect of an explosive substance, a fire or any other means of a nature to create a danger to persons; |
| - aggravated scam; |
| - extortion; |
| - organized band flight; |
| - robbery with weapon; |
| ―laundering; |
| – counterfeit, falsification of currencies and means of payment; |
| - false in public scriptures; |
| - abuse of social goods; |
| - Initiate offence; |
| ―at the automated data processing systems. |
| Attacks on public peace: |
| act of terrorism; |
| - association of malefactors; |
| escape; |
| - violation of the arms and ammunition regime except for the carrying or transport of weapons of 6th category; |
| - infringement of the fundamental interests of the nation; |
| - recel of evildoers; |
| – breach of secret (professional, factory). |
“Table 2. ― List of offences for ten years
data on persons under consideration
| Offences against persons: |
| - exploitation of aggravated or organized begging; |
| - robbery with violence; |
| - aggravated voluntary violence other than those provided for in Table 3; |
| - the illicit transport, detention, supply, sale, acquisition or use of narcotic drugs; |
| - deals with human beings other than that provided for in Table 3; |
| sexual exhibition. |
| Offences against property: |
| ― the destruction, degradation and deterioration of a property belonging to another person by the effect of an explosive substance, a fire or any other means of a nature to create a danger to persons; |
| - extortion; |
| ― impairing automated data processing systems; |
| ―laundering; |
| – counterfeit, falsification of currencies or means of payment. |
| Attacks on public peace: |
| Recel de malfaiteurs. |
“Table 3. ∙ List of offences for the retention of data for persons under age
| Offences against persons: |
| - administration of harmful substances; |
| - diversion of means of transport; |
| - poisoning; |
| abduction, sequestration, hostage taking; |
| crime against humanity, genocide; |
| murder, murder; |
| - torture, barbarism; |
| voluntary violence that led to death; |
| voluntary violence resulting in permanent mutilation or infirmity; |
| - robbery with aggravated violence; |
| sexual assault; |
| - procuring; |
| rape; |
| - trafficking in narcotic drugs other than those referred to in Table 2; |
| - deals with human beings in organized bands or with torture and barbarism. |
| Offences against property: |
| - organized band flight; |
| - robbery with gun. |
| Attacks on public peace: |
| act of terrorism; |
| - association of malefactors; |
| - infringes the fundamental interests of the nation. |
I. ― Are repealed as at 31 December 2013:
1° The Decree No. 2001-583 of 5 July 2001 taken for application of third paragraph of Article 31 of Law No. 78-17 of 6 January 1978 relating to computer science, files and freedoms and establishing the system for the treatment of offences found;
2° The Decree No. 2006-1411 of 20 November 2006 creating the legal system of documentation and operation called JUDEX.
II. · From the date of their repeal, references made in the regulations to the decrees mentioned in I are replaced by the reference to sections R. 40-23 to R. 40-34 of the Code of Criminal Procedure.
III. ― The data contained in the treatments authorized by the decrees referred to in I shall be transferred to the processing of judicial priors referred to in article R. 40-23 of the Code of Criminal Procedure.
This decree is applicable throughout the territory of the Republic.
The Guard of Seals, Minister of Justice and Freedoms, the Minister of the Interior, Overseas, Territorial Authorities and Immigration, and the Minister of Budget, Public Accounts and State Reform, Spokesman of the Government, are responsible, each with regard to it, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on 4 May 2012.
François Fillon
By the Prime Minister:
The Minister of the Interior,
of the Overseas, territorial authorities
and immigration,
Claude Guéant
The guard of the seals,
Minister of Justice and Freedoms,
Michel Mercier
Minister of Budget, Public Accounts
and state reform,
Government spokesperson,
Valérie Pécresse
