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Act No. 2014-372, March 28, 2014 For Geolocation

Original Language Title: LOI n° 2014-372 du 28 mars 2014 relative à la géolocalisation

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Summary

Amendment of the Code of Criminal Procedure, Customs Code.

Keywords

JUSTICE , PENAL PROCEDURE , CPP , DOUALS CODE , GEOLOCALIZATION , PLACE MISE , JUDICIARY AUTHORIZATION , INSTALLATION , GEOLOCALIZATION DISPOSITIF , DOUANIERE , EXTENSION , WALLIS AND NEW

Legislative records




JORF no.0075 of 29 March 2014 page 6123
text No. 1



LOI no. 2014-372 of 28 March 2014 on geolocation (1)

NOR: JUSX1329164L ELI: https://www.legifrance.gouv.fr/eli/loi/2014/3/28/JUSX1329164L/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/loi/2014/3/28/2014-372/jo/texte


The National Assembly and the Senate adopted,
Vu la Constitutional Council decision No. 2014-693 DC of 25 March 2014,
The President of the Republic enacts the following legislation:

Article 1 Learn more about this article...


Title IV of Book I of the Code of Criminal Procedure is supplemented by a chapter V as follows:


“Chapter V



“From geolocation


"Art. 230-32. - It may be used by any technical means intended for the real-time location, throughout the national territory, of a person, without the knowledge of the person, of a vehicle or of any other object, without the consent of the owner or owner, if the operation is required by the necessity:
« 1° An investigation or instruction relating to an offence under Book II or articles 434-6 and 434-27 penal code, punishable by imprisonment for at least three years;
« 2° An investigation or instruction relating to a crime or offence, with the exception of those mentioned in the 1st of this article, shall be punished by imprisonment for at least five years;
« 3° a procedure for investigating or investigating the causes of death or disappearance referred to in articles 74, 74-1 and 80-4;
« 4° A search procedure for a fugitive under section 74-2.
"The geolocation shall be established by the judicial police officer or, under his or her responsibility, by the judicial police officer, or prescribed on requisitions of the judicial police officer, under the conditions and in the manner provided for in this chapter.
"Art. 230-33. - The operation referred to in section 230-32 is authorized:
« 1° As part of a flogging investigation, a preliminary investigation or a procedure provided for in sections 74 to 74-2, by the Public Prosecutor, for a maximum period of fifteen consecutive days. At the end of this period, this operation is authorized by the judge of freedoms and detention at the request of the prosecutor of the Republic, for a maximum period of one month renewable under the same conditions of form and duration;
« 2° As part of an instruction or information for the search for the causes of death or the causes of disappearance referred to in articles 74, 74-1 and 80-4, by the examining magistrate, for a maximum period of four months renewable under the same conditions of form and duration.
"The decision of the prosecutor of the Republic, the judge of freedoms and detention or the investigating judge is written. It has no jurisdictional character and is not subject to any appeal.
"Art. 230-34. - In the cases referred to in 1° and 2° of section 230-33, where the requirements of the investigation or instruction require it, the prosecutor of the Republic or the investigating judge may, for the sole purpose of establishing or withdrawing the technical means referred to in section 230-32, authorize by written decision the introduction, including outside the hours provided for in section 59, in private premises or
"If this is a private place other than those mentioned in the first paragraph of this article, it may only intervene in the cases mentioned in the 3rd and 4th of Article 230-32 or where the investigation or instruction is related to a crime or offence punishable by at least five years' imprisonment. If this private place is a place of residence, the authorization is issued by written decision:
« 1° In the cases provided for in the 1st of Article 230-33, of the Justice of Freedoms and Detention, seized for that purpose by the Prosecutor of the Republic;
« 2° In the cases provided for in 2° of the same article 230-33, of the examining magistrate or, if the operation is to intervene outside the hours provided for in article 59, of the judge of freedoms and detention, seized by the examining magistrate for that purpose.
"The establishment of the technical means referred to in Article 230-32 shall not affect the places referred to in Articles 56-1 to 56-4, nor the office or domicile of the persons referred to in Article 100-7.
"Art. 230-35. - In the event of an emergency resulting from an imminent risk of loss of evidence or serious breach of property or persons, the operations referred to in section 230-32 may be established or prescribed by a judicial police officer. The latter shall immediately inform, by any means, the prosecutor of the Republic or the investigating judge in the cases referred to in Articles 230-33 and 230-34. This magistrate can then order the release of geolocation.
"However, if the introduction to a place of residence is necessary, the judicial police officer must obtain the preliminary agreement, given by any means:
« 1° In the cases provided for in the 1st of Article 230-33, of the Justice of Freedoms and Detention, seized for that purpose by the Prosecutor of the Republic;
« 2° In the cases provided for in 2° of the same article 230-33, of the examining magistrate or, if the introduction is to take place outside the hours provided for in article 59, of the judge of freedoms and detention, seized by the examining magistrate for that purpose.
"These magistrates have a period of twenty-four hours to prescribe, by written decision, the continuation of the operations. In the absence of such permission within this period, the geolocation is terminated. In the cases provided for in the first paragraph of this section, the authorization shall contain a statement of factual circumstances establishing the existence of the imminent risk referred to in that same paragraph.
"Art. 230-36. - The investigating judge or the judicial police officer committed by him or authorized by the prosecutor of the Republic may require any officer qualified as a service, unit or body under the authority of the Minister of the Interior and whose list is fixed by decree, with a view to the installation and withdrawal of the technical means referred to in section 230-32.
"Art. 230-37. - The operations under this chapter shall be conducted under the supervision of the magistrate who authorized them or authorized their prosecution.
"The fact that these operations reveal offences other than those referred to in the decision of the judge does not constitute a cause for nullity of the incident proceedings.
"Art. 230-38. - The judicial police officer or the judicial police officer acting under his or her responsibility shall file a record of each of the technical means established in section 230-32 and of the localization data recording operations. This report mentions the date and time the operation began and the time it ended.
"The recordings are sealed.
"Art. 230-39. - The judicial police officer or the judicial police officer acting under his or her responsibility described or transcribed, in a record that is paid to the record, the recorded data that are useful to the manifestation of the truth.
"Art. 230-40. - Where, in an instruction concerning any of the crimes or offences falling within the scope of Article 706-73, the knowledge of such information is likely to seriously endanger the life or physical integrity of a person, members of his or her family or relatives and that it is neither useful to the manifestation of the truth, nor indispensable to the exercise of the rights of the defence, the judge of freedoms and of detention,
« 1° The date, time and place where the technical means referred to in section 230-32 has been installed or withdrawn;
« 2° The recording of location data and the elements for identifying a person who has been involved in the installation or withdrawal of the technical means referred to in that section.
"The decision of the judge of freedoms and detention referred to in the first paragraph of this article shall be attached to the record of the proceedings. The information referred to in 1° and 2° shall be entered in another record, which shall be entered in a separate record of the record of the proceedings, in which the request of the investigating judge referred to in the first paragraph shall also be included. This information is entered on a registered and paraphrased register, which is open for this purpose to the Grand Court.
"Art. 230-41. - The person being examined or the assisted witness may, within ten days of the date on which he or she has been informed of the content of the geolocation operations carried out under section 230-40, challenge, before the presiding officer of the board of inquiry, the use of the procedure provided for in that section. If he considers that geolocation operations have not been carried out on a regular basis, that the conditions provided for in the article are not met or that the information referred to in this article is essential to the exercise of the rights of the defence, the chairman of the board of instruction orders the cancellation of geolocation. However, if he or she considers that the knowledge of this information is not or is no longer likely to seriously endanger the life or physical integrity of a person, family members or relatives, he or she may also order the payment on file of the request and the record referred to in the last paragraph of the same article. The presiding officer of the board of inquiry shall decide by reason of a decision, which is not subject to appeal, in the light of the documents of the proceedings and those in the record referred to in the same paragraph.
"Art. 230-42. - No conviction may be pronounced on the [Statement declared not in conformity with the Constitution by the Constitutional Council Decision No. 2014-693 DC of 25 March 2014.] the basis of the evidence gathered under the conditions laid down in Article 230-40, unless the request and the record referred to in the last paragraph of this Article have been filed pursuant to Article 230-41.
"Art. 230-43. - Records of localization data are destroyed, at the diligence of the Attorney General or the Attorney General, upon the expiry of the limitation period of public action.
"It is prepared minutes of the destruction operation.
"Art. 230-44. - This chapter is not applicable where real-time geolocation operations are the object of the location of an electronic communication terminal equipment, a vehicle or any other object of which the legitimate owner or owner is the victim of the offence on which the investigation or investigation or the disappeared person is carried out within the meaning of sections 74-1 or 80-4, provided that such operations are intended to find the victim, the person who is missing or the person who is missing.
"In the cases provided for in this section, real-time geolocation operations are requisitioned in accordance with sections 60-1, 60-2, 77-1-1, 77-1-2, 99-3 or 99-4. »

Article 2 Learn more about this article...


Section 7 of Chapter IV of Title II of the Customs Code is supplemented by an article 67 bis-2 as follows:
"Art. 67 bis-2.-If the requirements of the Customs investigation relating to the search and finding of a customs offence punishable by a term of imprisonment of five years or more, require it, any technical means intended for the localization in real time, throughout the national territory, of a person, without the knowledge of it, of a vehicle or of any other object, »

Article 3 Learn more about this article...


[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2014-693 DC of 25 March 2014. ]

Article 4 Learn more about this article...


This Act is applicable in the Wallis and Futuna Islands, New Caledonia and French Polynesia.
This law will be enforced as a law of the State.


Done in Paris, March 28, 2014.


François Hollande


By the President of the Republic:


The Prime Minister,

Jean-Marc Ayrault

The guard of the seals,

Minister of Justice,

Christiane Taubira

(1) Act No. 2014-372. Preparatory work: Senate: Bill No. 257 (2013-2014); Report of Mr. Jean-Pierre Sueur, on behalf of the Law Commission, No. 284 (2013-2014); Text of Commission No. 285 (2013-2014); Discussion and adoption, after an accelerated procedure was initiated, January 20, 2014 (TA No. 64, 2013-2014). National Assembly: Bill passed by the Senate, No. 1717; Report of Mr. Sébastien Pietrasanta, on behalf of the Law Commission, No. 1732; Discussion and adoption on 11 February 2014 (TA No. 290). National Assembly: Report of Mr. Sébastien Pietrasanta, on behalf of the Joint Parity Commission, No. 1798; Discussion and adoption on 24 February 2014 (TA no. 308). Senate: Bill, amended by the National Assembly, No. 364 (2013-2014); Report of Mr. Jean-Pierre Sueur, on behalf of the Joint Parity Commission, No. 374 (2013-2014); Commission text No. 375 (2013-2014); Discussion and adoption on February 24, 2014 (TA No. 88, 2013-2014). ― Constitutional Council: Decision No. 2014-693 DC dated March 25, 2014, published in the Official Gazette of this day.
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