Law No. 2014 - 1353 Of November 13, 2014, Reinforcing The Provisions Relating To The Fight Against Terrorism

Original Language Title: LOI n° 2014-1353 du 13 novembre 2014 renforçant les dispositions relatives à la lutte contre le terrorisme

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An implementing Decree No. 2015-26 of January 14, 2015 relative to the ban on leaving the territory of french nationals planning to participate in terrorist activities abroad Decree 2015-125 5 February 2015 relative to the blocking of sites causing terrorism or by the apology and sites disseminating images and representations of minors to pornographic Decree No. 2015-198 of 20 February 2015 relative to the conditions of application of the measures of freezing of assets

Decree No. 2015-253 March 4, 2015 relative to the dereferencing of causing terrorism or sites that glorify and sites disseminating images and representations of minors to pornographic Decree No. 2015-383 of April 3, 2015 on the security measures applicable to air transport companies serving the national territory at the start of foreign aerodromes in case of threat to national security summary code change of Homeland Security, of the code of entry and stay of foreigners and asylum, of the penal code, the code of criminal procedure, the monetary and financial code, code of transport. Amendment of the Act of 29 July 1881 on freedom of the press: modification of articles 24, 24 bis, 48-1, 48-4, 48-5, 48-6, 5263, 65-3. Amendment of the Act No. 2004-575 of 21 June 2004 on confidence in the digital economy: amendment to article 6; creation after section 6 of article 6-1. Amendment of the Act No. 2010-476 of 12 May 2010 on the opening to competition and the regulation of the gambling industry of online gambling and money: amendment to article 59. Amendment of the Act No. 2006-64 of January 23, 2006 relating to the fight against terrorism and carrying various provisions relating to security and border controls: amendment to article 32. Ratification of orders No. 2012-351 of 12 March 2012 on the legislative part of the code of Homeland Security, no. 2013-518 on June 20, 2013, amending certain provisions of the code of Homeland Security and the defense code (legislative part) relating to arms and ammunition and no. 2013-519 June 20, 2013, amending some provisions of the code of Homeland Security (legislative part) relating to the overseas.
Key words JUSTICE, SECURITY CODE HOMELAND, CSI, the ENTRY AND STAY OF FOREIGNERS AND asylum LAW CODE, CODE PENAL, CODE OF PROCEDURE CRIMINAL, CPC, CODE MONETARY AND FINANCIAL, CMF, CODE OF TRANSPORT, STRENGTHENING, FIGHT AGAINST TERRORISM, BAN ON LEAVING THE COUNTRY, IST, ADMINISTRATIVE BAN OF THE TERRITORY, IAT, PREVENTION, INVESTIGATION, ETHICS, HOMELAND, RIGHTS DEFENDER, POLICE NATIONAL SECURITY
, GENDARMERIE NATIONAL records legislative Dossier legislative order No. 2013-518 June 20, 2013 Legislative Act No. 2014 record - 1353 of 13 November 2014 legislative record of the order No. 2012-351 12 March 2012 legislative record of the order No. 2013-519 June 20, 2013 JORF n ° 0263 November 14, 2014 19162 text page no. 5 LAW No. 2014 - November 13, 2014 1353 reinforcing the provisions on combating terrorism (1) NOR : ELI INTX1414166L: http://www.legifrance.gouv.fr/eli/loi/2014/11/13/INTX1414166L/jo/texte Alias: http://www.legifrance.gouv.fr/eli/loi/2014/11/13/2014-1353/jo/texte the National Assembly and the Senate passed, the President of the Republic enacts the law whose content follows: chapter I:: Creation of a system of prohibition from leaving the country Article 1 more on this article...

Book II of the code of Homeland Security has been changed: (1) title II is completed by a well written chapter IV: "chapter IV" prohibition from leaving the country «Art»»» L. 224-1. -All French may be prohibited from leaving the country when there are serious reasons for considering that he planned: "1 ° of travel abroad aimed participation in terrorist activities"; (2) travel, or travel abroad in a theatre of operations of terrorist groups, in conditions that could lead to harming public safety upon his return on the french territory.
"The ban on leaving the country is decided by the Minister of the Interior for a maximum period of six months from its notification. The decision is written and motivated. The Minister of the Interior or his representative is the person able to present its observations within a maximum of eight days after the notification of the decision. This person may be assisted by counsel or represented by an attorney of his choice.
"When the conditions are met, the ban on leaving the territory may be renewed by explicit and reasoned decision. She is thrown as soon as these conditions are more satisfied. Consecutive renewals of an initial ban can wear the overall duration of prohibition beyond two years.
"The person who is the subject of a ban on leaving the country may, within the period of two months following the notification of the decision and notification of each renewal, ask the administrative court the annulment of this decision. The Administrative Court adjudicates in a period of four months of its referral. These remedies are without prejudice to the procedures open to the article L. 521 - 1 and L. 521 - 2 of the code of administrative justice.
"The ban on leaving the country wins in its delivery and as a precaution the invalidation of the passport and the national identity card of the person concerned or, where applicable, is an obstacle to the issuance of such a document. The administrative authority shall inform the person concerned by any means.
"As soon as notification of the prohibition on leaving the territory, and at the latest in the twenty-four hours of it, the person concerned is obliged to return his passport and his national identity card. '" A receipt worth justification of identity is given to the person concerned in Exchange for the return of his passport and his national identity card or, at its request, in lieu of the issuance of such a document. This receipt is sufficient to prove the identity of the person concerned in the national territory in accordance with article 1 of the law on the protection of the identity no. 2012-410 March 27, 2012.
"The fact to leave or attempt to leave the french territory in violation of a ban on leaving the territory taken in application of the present article is punishable by three years imprisonment and a €45,000 fine. '" The fact, for anyone having been notified a prohibition decision of leaving the country to evade the obligation to return his passport and his national identity card is punishable by two years ' imprisonment and of €4,500 fine.
'A decree of the Council of State says the terms of implementation of this article, especially with regard to the terms of the receipt referred to in the ninth paragraph.';
(2) chapter II of title III is completed by article L. 232 - 8 thus written: 'art. L. 232-8. -Where the administrative authority finds that data transmitted in application of this chapter to identify a person subject to a ban on leaving the territory referred to in article L. 224 - 1, it shall notify the transport company concerned, by a way taking into account the urgency, a decision to ban transport of this person.
«In the event of lack of knowledge of the prohibition of transport by a transport company, the fine under article L. 232 - 5 is applicable, under the conditions provided for in the same article. «»» The conditions of application of the present article are specified by Decree in Council of State. "Chapter II: Creation of a system of administrative ban from French territory Article 2 more on this article...

I. - The code of the entry and stay of foreigners and asylum has been changed: (1) title I of book II is completed by a well written chapter IV: "chapter IV" administrative ban from French territory «Art»»» L. 214-1.-any national of a Member State of the Union European, of another State party to the agreement on the economic area or the Swiss Confederation or any member of the family of such a person, so long as it is not normally resident in France and is not on the national territory, subject to an administrative ban of the territory when its presence in France would be because of his personal behavior, from the point of view of the order or public safety, a real, present and sufficiently serious threat to a fundamental interest of society.
'Art. L. 214-2.-any alien not referred to in article L. 214 - 1 may, as it is not normally resident in France and not located on the national territory, subject to an administrative territory ban when his presence in France would be a serious threat to public policy, internal security or the international relations of the France.

'Art. L. 214 - 3 ' administrative ban from French territory is the subject of a decision of the Minister of the Interior written and returned after a non-adversarial procedure. She is motivated, unless considerations of State security are opposed.
"If abroad is entered in France while the earlier decision of administrative ban from French territory had already been notified, was taken to this notification on the national territory.
"When the decision was taken in application of article L. 214 - 1 and that the person concerned is present in France on the date of its notification, it benefits from this date a deadline to leave the territory which, except in an emergency, may not be less than one month."
'Art. L. 214 - 4.-L' alien who is the subject of a ban administrative territory and who is about to enter in France can be a refusal of entry, under the conditions provided for in chapter III of this title.
"When abroad which is an administrative ban being territory is present on the french territory, it may be extended Office at the border, as appropriate to the expiry of the period referred to in article L. 214 - 3. Article L. 513 - 2, the first paragraph of article L. 513 - 3 and titles V and VI of book V are applicable to the deportation of aliens subject to an administrative ban of the territory.
'Art. L. 214 - 5.-L' administrative authority may at any time repeal the administrative ban from French territory. The alien may submit an application for lifting of the measure after a period of one year from its delivery. The silence for more than four months on the request for waiver is the decision of rejection.
'Art. L. 214-6.-without prejudice to the provisions of article L. 214 - 5, the reasons for the administrative ban from French territory give rise to a review every five years from the date of the decision.
'Art. L. 214-7.-the second paragraph of article L. 214 - 4 is not applicable to minor abroad. » ;
(2) article L. 213 - 1 is supplemented by the words: ", either an administrative ban on the territory;
(3) book V has been changed: a) the 7 ° of article L. 551 - 1 is supplemented by the words: "or an administrative ban on the territory;
(b) in the second sentence of article L. 552 - 4, after the words: "of return on french territory by force,", the words are inserted: "of an administrative ban of the territory by force,";
(c) A the title of chapter V of title V, the word: 'measure' is replaced by: "punishment."
(d) after 5 ° of article L. 561 - 1, inserted a 6 ° thus written: "(6) if the foreign national must be escorted back to the border for the execution of an administrative ban on the territory."
(e) article L. 571 - 1 is thus amended:-in the first paragraph, after the words: 'return on french territory,' are inserted the words: 'of administrative ban from French territory,"and after the word:"criminal", the end of the paragraph is deleted;
-the last three paragraphs are deleted;
(4) chapter IV of title II of Book VI is thus changed: has) L. 624 - 1 Thus article:-in the first paragraph, after the words: "to leave the french territory", the words are inserted: ', of an administrative ban on the territory;
-in the second paragraph, after the words: "entry into France," and the words: "judicial territory," are inserted the words: "of an administrative ban of the territory,";
(b) in the last paragraph of article L. 624 - 4, reference: "or L. 541 - 3" is replaced by the references: ", L. 541 - 3 or 6 ° of article L. 561 - 1.
II.-A the first sentence of the first paragraph of article 729-2 of the code of criminal procedure, after the words: "to ban the french territory,", the words are inserted: 'of administrative ban on french territory,".

Chapter III: Strengthening measures to house arrest Article 3 in more on this article...

I. - The title VI of book V of the code of entry and residence of foreigners and the right of asylum is complemented by a well written chapter III: "chapter III" house arrest with ban to be in relationship with someone named designated «Art»»» L. 563-1. -Abroad subject to reside in places that him are fixed pursuant to article L. 523 - 3, L. 523 - 4 or L. 541 - 3 who has been sentenced to a ban from French territory for acts of terrorism provided for in title II of book IV of the penal code or against whom a deportation order has been pronounced for behavior related to activities of a terrorist nature may If the preservation of public safety so requires, to be prescribed by the competent administrative authority to pronounce the house arrest a ban to be in relationship, directly or indirectly, with some people named whose behavior is related to terrorist activities. The decision is written and motivated. It can be taken for a period up to six months and renewed, in the same time limit, by also reasoned decision. This ban is lifted as soon as the conditions are more satisfied or in the case of the lifting of the house arrest.
"The breach of this prohibition is sanctioned under the conditions provided for in article L. 624 - 4 of this code."
II. - Article L. 624 - 4 of the code is complemented by a well written paragraph: "the same term of imprisonment of one year is applicable to foreigners who did not respect bans them prescribed pursuant to article L. 563 - 1.»

Chapter IV: Strengthening the provisions of repressive nature Article 4 in more on this article...

4 ° of article 421-1 of the penal code, after the first occurrence of the words: ' defined by ", are inserted references:"articles 322-6-1 and 11-322-1 of this code,".


Article 5 more on this article...

I. - After article 421-2-4 of the same code, inserted a well written article 421-2-5: 'art. 421 2-5 - the fact lead directly to acts of terrorism or to publicly apologize for these acts is punishable by five years imprisonment and €75,000 fine.
"Penalties are brought to seven years in prison and €100,000 fine when the acts were committed by using a communication service to the public online.
"When the acts are committed through print or audiovisual media or communication to the public online, the specific provisions of the laws governing these matters are applicable with regard to the determination of the people responsible."
II. - The Act of 29 July 1881 on freedom of the press is so changed: (1) the sixth subparagraph of article 24 is deleted;
(2) in the first paragraph of article 24 bis, the words: "sentences provided for by the sixth paragraph of article 24" are replaced by the words: "of one year imprisonment and a €45,000 fine."
(3) in the first paragraph of article 48-1, the reference: "(paragraph 8)" is replaced by the reference: "(paragraph 7);
(4) in the first paragraph of articles 48-4, 48-5 and 48-6, the word: "ninth" is replaced by the word: "eighth";
(5) is article 52, the words: 'and sixth' are deleted;
(6) in the first paragraph of article 63, the references: "6,8 and 9" are replaced by references: "7 and 8;
(7) A 65-3 section, the words: "sixth, eighth and ninth" are replaced by the words: "seventh and eighth."


Article 6 more on this article...

I. - After article 421-2-4 of the penal code, he inserted a well written article 421-2-6: 'art. 421-2 - 6.-I.-constitutes an act of terrorism due to prepare the commission of one of the offences mentioned in II, as the preparation of the offence is intentionally in relationship with an individual company aiming to disturb seriously the order by intimidation or terror, and it is characterized by: "(1) the fact to detain, search, procure or manufacture objects or substances such as to create a danger to others;
"(2) and one of the other material facts in the following:" (a) collect information on places or people to take action in these places or harming these people or monitor these places or persons;
"(b) training or training in the use of weapons or any form of combat, the manufacturing or use of explosive, incendiary, nuclear, radiological, biological or chemical substances or the piloting of aircraft or to the conduct of vessels;
"(c) usually consult one or more services to online public communication or hold documents directly leading to the commission of acts of terrorism or that glorify;
"(d) have stayed abroad in a theatre of operations of terrorist groups.
"II. - the I applies to the preparation of the commission of the following offences:" (1) is one of the acts of terrorism referred to in the 1 ° of article 421-1;

"(2) or one of the acts of terrorism referred to in 2 of the same article 421-1, where the prepared Act consists of destruction, degradation or deterioration by explosive or incendiary substances to be carried out in circumstances of time or place that could lead to attacks on the physical integrity of one or more persons;
"(3) is one of the acts of terrorism referred to in article 421-2, when the prepared Act is likely to cause attacks on the physical integrity of one or more persons."
II. - After the third paragraph of article 421-5 of the same code, inserted a well written paragraph: "the Act of terrorism defined in article 421-2-6 is punished by 10 years in prison and € 150,000 fine."


Article 7 more on this article...

In the first paragraph of article 227-24 of the code, after the words: "violent", the word: 'or' shall be replaced by the words: ", inciting terrorism,".


Article 8 more on this article...

The code of criminal procedure has been changed: (1) at the beginning of section 2 of title XV of book IV, it is restored a section 706-23 thus written: 'art. 706 23.-L' stop an online public communication service can be pronounced by the judge in chambers for the acts provided for in article 421-2-5 of the penal code when they are obviously illegal disorder, at the request of the Crown or of any person or entity with an interest in acting. » ;
(2) article 706-24-1 is thus restored: 'art. 706-24-1.-articles 706-88-706-94 of the present code are not applicable to the offences referred to in article 421-2-5 of the penal code. » ;
(3) article 706-25-1 is completed by a well written paragraph: "this article is not applicable to the offences referred to in article 421-2-5 of the penal code.";
(4) article 706-25-2 is repealed.

Chapter V: Strengthening of the means of prevention and investigations Article 9 in more on this article...

Article 706-16 of the code of criminal procedure is completed by two well written paragraphs: "section 1 of this title is also applicable in pursuit, to education and to the judgement of offences committed in detention by a person detained, warned, condemned, sought under a European arrest warrant or extradition for terrorist acts criminalized by articles 421-1 to 421-6 of the criminal code of.»
"These provisions are also applicable in pursuit, to education and to the judgement of offences incriminated by the articles escape 434-27 at 434-37 of the same code, offences of conspiracy provided for in article 450-1 of such code when they aimed the preparation of one of the above escape offences, offences provided for in article L. 624 - 4 of the code of the entry and stay of foreigners and asylum as well as offences in article L. 224-1 of the code. of Homeland Security, when they are committed by a person detained, warned, condemned, sought under a European arrest warrant or of extradition for terrorist acts criminalized by articles 421-1 to 421-6 of the penal code. ' Article 10 more on this article...

I. - Paragraph 2 of section 3 of chapter IV of title X of book IV of the code is complemented by a well written article 695-28-1: 'art. 695-28-1.-for the review of the execution of a European arrest warrant concerning the authors of acts of terrorism, the Attorney general at the Court of appeal of Paris, the first president of the Court of appeal of Paris as well as the House of the statement of the Court of appeal of Paris and its president exercise concurrent jurisdiction to that resulting from the application of articles 695-26 and 695-27. "II. - section 2 of chapter V of title X of book IV of the code is complemented by a well written article 696-24-1: 'art. 696-24-1.-for the consideration of requests for extradition concerning the authors of acts of terrorism, the Attorney general at the Court of appeal of Paris, the first president of the Court of appeal of Paris as well as the House of the statement of the Court of appeal of Paris and its president exercise concurrent jurisdiction to that resulting from the application of articles 696-9, 696-10 and 696-23. ' Article 11 more on this article...

I. - The monetary and financial code has been changed: (1) the first sentence of article l.562 - 1, the word: "may" is replaced by the words: "and the Interior Minister can, jointly,";
(2) article L. 562 - 5 has been changed: has) in the first sentence, the word: "may" is replaced by the words: "and the Interior Minister can, jointly,";
(b) at the end of the second sentence, the words: ' the Minister' are deleted;
(3) has article l.562 - 6, the words: "to the Minister" shall be replaced by the words: 'of Ministers. "
II. - This section comes into force the first day of the fourth month following the enactment of this Act.


Article 12 more on this article...

I. - 7 from the I of article 6 of law No. 2004-575 of 21 June 2004 on confidence in the digital economy is thus changed: (1) in the third preambular paragraph, after the word: "humanity," shall be inserted the words: "a provocation to the commission of acts of terrorism and their apology,", the words: "eighth and ninth" are replaced by the words: 'seventh and eighth' and the reference : 'and 227-24' is replaced by the references: ", 227-24 and 421-2-5";
(2) the fifth and sixth subparagraphs are deleted;
(3) in the last preambular paragraph, the words: ", fifth and seventh" are replaced by the words: "and fifth."
II. - According to article 6 of the same Act No. 2004-575 of 21 June 2004, inserted an article 6-1 thus written: 'art. 6-1.-when the needs of the fight against the provocation to terrorism or the condoning of such acts under article 421-2-5 of the penal code or against the dissemination of images or depictions of minors under article 227-23 of the same code justify, the administrative authority may request any person mentioned in III of article 6 of the Act or to the persons listed in the I of the same article 6 2 of remove content which contravene these same articles 421-2-5 and 227-23. It simultaneously informs the persons listed in the 1 of I of section 6 of this Act.
"In the absence of withdrawal of such content within a period of twenty-four hours, the administrative authority may notify the persons referred to in the same 1 the list of e-mail addresses of services of communication to the public offender online those articles 421-2-5 and 227-23. They must then immediately prevent access to these addresses. However, in the absence of the provision by the person mentioned in the III of the same article 6 of the information mentioned in this same III, the administrative authority may proceed with the planned notification in the first sentence of this paragraph without having previously requested the removal of the content in accordance with the first sentence of the first paragraph of this article.
"The administrative authority shall forward withdrawal applications and the list mentioned, respectively, in the first and second subparagraphs to a qualified personality, named internally by the National Commission of computing and freedoms for the duration of its mandate in this commission. It cannot be designated among the persons referred to in 1 ° to the I of article 13 of Act No. 78-17 of 6 January 1978 relative to information technology, files and freedoms. Qualified personality ensures the regularity of withdrawals and conditions of establishment, updating, communication and use of the list. If it finds an irregularity, it may at any time recommend to the administrative authority to stop. If the administrative authority does not follow this recommendation, qualified personality can take the competent administrative court, summary or on request.
"The administrative authority can also notify e-mail addresses whose contents contravene articles 421-2-5 and 227-23 of the penal code to search engines or directories, which shall take all useful measures intended to stop the referencing of the communication service to the public online. The procedure laid down in paragraph 3 of this article shall apply.
"Qualified personality referred to in the third paragraph makes public each year a progress report on the conditions for the exercise and the results of its activity, indicating particularly the number of withdrawals, the number of content that have been removed, the reasons for withdrawal and the number of recommendations to the administrative authority." This report is submitted to the Government and the Parliament.
"The modalities of application of this article are specified by Decree, including compensation, if any, additional costs justified as a result of the obligations borne by the operators.
"Any breach of the obligations set out in this section is punished by the penalties at the 1 VI of section 6 of this Act."
III. - The first paragraph of the 1 of VI of article 6 of the same Act No. 2004-575 of 21 June 2004 has been changed:

(1) the words: ", fifth and seventh" are replaced by the words: "and fifth."
(2) after the reference: '7 of the I', are inserted the words: "this article or to those provided for in article 6-1 of this Act;
(3) after the reference: "II," are inserted the words: 'of this article '.


Article 13 more on this article...

Article 57-1 of the code of criminal procedure is thus amended: (1) after the first paragraph, he inserted a well written paragraph: "they can also, in the conditions of residence prescribed in this code, access by a computer system located in the premises of a service or of a unit of police or gendarmerie to some data of interest to the investigation underway and stored in another computer system If these data are available from the original system. » ;
(2) are added four as well written paragraphs: "judicial police officers may, by any medium, require any person who:" (1) to have knowledge of the measures applied to protect the data that is permitted access under the search; '»»» (2) provide information for accessing the data referred to in 1.
"With the exception of the persons referred to in articles 56-1-56-3, the fact to refrain to respond promptly to this requisition is punished with a fine of €3 750."


Article 14 more on this article...

The first paragraph of articles 60-1 and 77-1-1 of the code has been changed: (1) the first sentence, twice, and in the second sentence, the word: 'documents' is replaced by: "information";
(2) A the first sentence, the words: 'those from' are replaced by the words: 'those from '.


Article 15 more on this article...

The same code has been changed: (1) article 230-1 has been changed: has) in the first paragraph, after the word: "understand," shall be inserted the words: "or that this data is protected by an authentication mechanism," and the words: "version in light of this information" are replaced by the words: "access to information, their version in the clear."
(b) to the first and last paragraphs, after the words: 'investigating' are inserted the words: ", the judicial police officer, with the authorization of the public prosecutor of the Republic or the investigating judge,";
(c) has the first sentence of the second paragraph, after the word: 'Republic', are inserted the words: ", of the judicial police officer."
(d) in the second sentence of the second paragraph, after the word: "provided for", is inserted the reference: ' in the second paragraph of article 60 and ", and the reference: ' in the first paragraph of" is replaced by the word: "to"
(2) article 230-2 has been changed: has) the first paragraph has been changed:-in the first sentence, after the word: "instruction", are inserted the words: ", the judicial police officer, with the authorization of the public prosecutor of the Republic or the investigating judge, ' and the words: 'serving the national judicial police responsible for the fight against the information technology-related crime' shall be replaced by the words : "to a technical agency subject to the secrecy of national defence, and designated by Decree."
-in the last sentence, the words: 'the requesting judicial authority' shall be replaced by the words: "the Prosecutor of the Republic, Court of investigation, the judicial police officer, with the authorization of the public prosecutor of the Republic or the investigating judge, or the trial court dealing with the case or with required technical body;
(b) the first sentence of the second paragraph is deleted;
(3) article 230-3 is thus changed: has) the first sentence of the first paragraph reads: "upon completion of operations, or as soon as it appears that these operations are technically impossible or at the expiry of the prescribed period or upon receipt of the order to stop from the Prosecutor of the Republic, the national court investigating, the officer of the judicial police, on authorization of the Prosecutor of the Republic or the investigating judge. , or the trial court seized of the case, the results achieved and the material received are returned by the head of the technical body to the author of the requisition. » ;
(b) the second subparagraph is deleted;
(4) A section 230-4, the word: 'judicial' is deleted.


Article 16 more on this article...

In the first paragraph of article 323-3 of the penal code, the first occurrence of the word: 'or' shall be replaced by the words: ", extract, hold, reproduce, transmit,".


Article 17 more on this article...

I. - After code 323-4 of the same article, he inserted a well written article 323-4-1: 'art. 323 4-1.-when the offences provided for in articles 323 - 1-323-3-1 have been committed in organised gang and against a system of automated processing of data personal implemented by the State, the penalty is increased to ten years ' imprisonment and to a €150,000 fine. "II. - 1 ° of article 704 of the code of criminal procedure, the reference:"323-4"is replaced by the reference:"323-4-1.


Article 18 more on this article...

Title XXIV of book IV of the code of criminal procedure is thus restored: ' title XXIV "OF THE PROCEDURE APPLICABLE to VIOLATIONS OF TREATMENT SYSTEMS AUTOMATED DATA «Art»»» 706-72.-articles 706 - 80 to 706-87-1, 706-95 at 706-103 and 706-105 of the present code shall apply to the investigation, pursuit, education and judgment of offences under article 323-4-1 of the penal code.
"The articles referred to in the first paragraph of this article are also applicable to the investigation, pursuit, education and judgment of the laundering of the same offences as well as Association of malefactors when she designed the preparation of one of the said offences."


Article 19 more on this article...

After section 2 of chapter II of title XXV of book IV of the code, is inserted a section 2 bis read: "Section 2 bis" investigated under pseudonym «Art»»» 706-87-1.-in the purpose of the offences mentioned in articles 706-73 and 706-72 and, when they are committed by means of electronic communication, to gather evidence and to look for the authors, the officers or judicial police agents acting during the investigation or rogatory can, if they are assigned in a specialized service that is designated by order of the Minister of the Interior and specially empowered for this purpose , proceed to the following acts without being criminally responsible: "(1) participate under a pseudonym to electronic exchanges; «»» (2) be in touch by the means mentioned in the 1 with people likely to be the perpetrators of these offences;
«(3) extract, acquire or maintain through evidence and data on those likely to be the authors of these offences; «»» (4) extract, transmit in response to a specific request, acquire or keep illegal content, under conditions laid down by Decree.
"Barely a nullity, such acts can constitute an incitement to commit these offences."


Article 20 more on this article...

I. - The same code has been changed: (1) article 706-35-1 has been changed: has) A the first sentence of the first paragraph, references: ' 225-4-1-225-4-9, 225-5 at 225-12 "are replaced by references: '225-4-1, 225-4-8, 225-4-9, 225-5, 225-6;
(b) after 2, inserted a 2 ° bis thus written: "bis (2) extract, acquire or maintain through evidence and data on those likely to be the authors of these offences;"
(2) after the 2 ° of article 706-47-3, he inserted a 2 ° bis reads: "bis (2) extract, acquire or maintain through evidence and data on those likely to be the authors of these offences;".
II. - Article 59 of law No. 2010-476 of 12 May 2010 on opening to competition and the regulation of the gambling industry of online gambling and money is modified: 1 ° to 2 °, the words: 'data' shall be replaced by the words: "evidence and data;
(2) after the same 2 °, it is inserted a 3 ° thus written: "(3) extract, transmit in response to a specific request, acquire or keep illegal content in conditions fixed by Decree."


Article 21 more on this article...

At the end of the first sentence of article 706-102-1 of the code of criminal procedure, the words: "or as he introduces them by entering characters" are replaced by the words: ", as he introduces them by entering characters or as they are received and issued by audio-visual devices.


Article 22 more on this article...

The third paragraph of article 706-161 of the code is complemented by a well written sentence: "the Agency can also pay the State of contributions to the financing of the fight against crime and criminality."


Article 23 more on this article...


Chapter I of title IV of Book III of the sixth part of the transport code is supplemented by an article l. 6341-4 thus written: 'art. L. 6341-4. -In the case of a threat to national security, the administrative authority may impose on air transport companies serving the national territory at the start of foreign aerodromes the implementation of security measures which the duration may not exceed three months. These measures may be renewed under the same conditions.
"The security measures referred to in paragraph 1 are those whose implementation can be imposed on air carriers under the Regulation (EC) no 300/2008 of the European Parliament and of the Council of March 11, 2008, concerning the establishment of common rules in the field of civil aviation security and repealing Regulation (EC) No. 2320/2002. rules taken for its implementation by the European Commission and safety standards laid down by the national rules.
"The enforcement of the present article are fixed by Decree in Council of State."


Article 24 more on this article...

I. - The orders No. 2012-351 12 March 2012 on the legislative part of the code of Homeland Security, no. 2013-518 on June 20, 2013 amending certain provisions of the code of Homeland Security and the defense code (legislative part) relating to arms and ammunition and no. 2013-519 June 20, 2013, amending some provisions of the code of Homeland Security (legislative part) relating to him overseas are ratified.
II. - Homeland security code has been changed: (1) title IV of book I reads: "title IV" ETHICS OF HOMELAND SECURITY "chapter I: ' General provisions 'art '" "'. L. 141-1.-the ethics of the people engaged in missions or security activities is specified by Decree in Council of State.
«Chapter II ' advocate «Art»»» L. 142-1.-the defender of rights carries out its mission to ensure the respect of ethics by people engaged in security under the conditions laid down by the law organic No. 2011-333 of 29 March 2011 on the defender of rights. » ;
(2) title III of book IV is completed by a well written chapter IV: "chapter IV" ethics of the police and national gendarmerie «Art»»» L. 434-1.-a code of ethics shared by the police and the national gendarmerie is established by Decree in Council of State. » ;
(3) chapter II of title I of book IV is repealed;
(4) L. 285 articles - 1, L. 286 - 1 and L. 287 - 1 are completed by a 7 ° thus written: "(7) to Title VII: article L. 271 - 1."
(5) article L. 285 - 2 is completed by a 9 ° thus written: "(9) the second paragraph of article L. 271 - 1 reads:" "an order of the High Commissioner of the Republic in French Polynesia specifies the areas in which this obligation applies and the characteristics of the buildings or premises which are subject."»» » ;
(6) article L. 286 - 2 is complemented by a 10 ° thus written: "(10) the second paragraph of article L. 271 - 1 reads:" "an order of the High Commissioner of the Republic in New Caledonia said the areas in which this obligation applies as well as the characteristics of the buildings or premises who are subject." " » ;
(7) article L. 287 - 2 is complemented by an 11 ° thus written: "(11) article L. 271 - 1 has been changed:" (a) the second paragraph reads: "«an order of the administrator superior of Wallis and Futuna Islands precise areas in which this obligation applies as well as the characteristics of the buildings or premises who are subject.";»»»
"(b) the last subparagraph is deleted.";
8 ° 9 ° of article L. 645 - 1 reads: "(9) article L. 614 - 1 is supplemented by the words:"in its applicable in French Polynesia French";
9 ° 10 ° of article L. 646 - 1 reads: "(10) article L. 614 - 1 is supplemented by the words:"in its wording applicable in New Caledonia".
10 ° 9 ° of article L. 647 - 1 reads: "(9) article L. 614 - 1 is supplemented by the words:"in its applicable wording in the islands of Wallis and Futuna";
11 ° the second sentence of article L. 262 - 1, the reference: 'III' is replaced by the reference: "II";
(12) the last two sentences of the second paragraph of article L. 634 - 4 are thus written: "the amount of financial penalties is a function of the seriousness of the breaches committed and, where appropriate, in relation to the benefits of the breach, but may not exceed €150,000.» These penalties are imposed in respect of the rights of the defence. "Article 25 learn more on this article...

I. - The final paragraph II of article L. 222 - 1 of the code of Homeland Security is removed.
II. - The first paragraph of article 32 of the Act No. 2006-64 of January 23, 2006 relating to the fight against terrorism and carrying various provisions relating to security and border controls is removed.

Chapter VI: Provisions related to the overseas section 26 more on this article...

Under the conditions laid down in article 38 of the Constitution, the Government is authorized to take the measures in the domain of law necessary to apply and adapt the provisions of this Act in French Polynesia, New Caledonia and the islands of Wallis and Futuna, as well as to allow the house arrest on the whole territory of the Republic of a deported alien or the inadmissibility by orders regardless of the place where these decisions were handed down.
Orders are taken within a period of three months after the enactment of this Act.
The Bill of ratification of each order is tabled in Parliament no later than the last day of the sixth month following that of its publication.


Article 27 more on this article...

Articles 2 and 3 of this Act apply to Saint-Barthélemy and Saint-Martin.


Article 28 more on this article...

I. - 2 ° of article L. 285 - 1, L. 286 - 1, L. 287 - 1 and L. 288 - 1 of the code of Homeland Security is supplemented by the reference: ' and L. 224 - 1.
II. - to 3 ° of article L. 288 - 1 of the same code, the reference: "L. 232 - 6" is replaced by the reference: "L. 232 - 8.
III. - The (2) of article 1 and articles 4 to 25 apply in the islands of Wallis and Futuna, French Polynesia and New Caledonia.



This Act will be enforced as law of the State.

Done at Paris, on November 13, 2014.
François Hollande, the President of the Republic: Prime Minister, Manuel Valls the Minister of ecology, sustainable development and energy, Ségolène Royal, the keeper of the seals, Minister of justice, Christiane Taubira the Minister of finance and public accounts, Michel Sapin Minister of the Interior, Bernard Cazeneuve the Minister of economy, industry and the digital, Emmanuel Macron the Minister of overseas , George Pau - Langevin National Assembly: Bill No. 2110;
Report of Mr Sébastien Piétrasanta, on behalf of the commission of laws, no. 2173;
Discussion on 15, 16, 17 and 18 September 2014 and adoption, after commitment of fast track, September 18, 2014 (YOUR no 406).
Senate: Bill, adopted by the National Assembly, no. 807 (2013-2014);
Report of Messrs. Jean-Jacques Hyest and Alain Richard, on behalf of the commission of laws, no. 9 (2014-2015);
Text of the commission No. 10 (2014-2015);
Discussion on 15 and 16 October 2014 and adoption, after commitment from the accelerated procedure, October 16, 2014 (YOUR No. 3, 2014-2015).
National Assembly: Bill, modified by the Senate, no. 2304.
Report of Mr Sébastien Piétrasanta, on behalf of the Joint Committee, no. 2308;
Discussion and adoption on 29 October 2014 (YOUR No. 415).
Senate: Report of Messrs. Jean-Jacques Hyest and Alain Richard, on behalf of the Joint Committee, no. 37 (2014-2015);
Text of the commission No. 38 (2014-2015);
Discussion and adoption on November 4, 2014 (YOUR No. 14, 2014-2015).

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