Key Benefits:
The National Assembly and the Senate adopted,
The President of the Republic enacts the following legislation:
Book II of the Internal Security Code is thus amended:
1° Title II is supplemented by a chapter IV as follows:
“Chapter IV
« Exit ban
"Art. L. 224-1. - Every Frenchman may be banned from leaving the territory when there are serious reasons to think that he plans:
« 1° Travel abroad for participation in terrorist activities;
« 2° Or travel abroad on a scene of terrorist grouping operations, under conditions that may lead to a breach of public security upon his return to French territory.
"The ban on leaving the territory is imposed by the Minister of the Interior for a maximum period of six months from his notification. The decision is written and motivated. The Minister of the Interior or his or her representative shall put the person concerned in a position to submit his or her comments within a maximum period of eight days after notification of the decision. This person may be assisted by counsel or represented by an agent of his or her choice.
"When the conditions are met, the ban on leaving the territory can be renewed by express and motivated decision. It is lifted as soon as these conditions are no longer met. Consequential renewals of an initial prohibition may not extend the overall prohibition period beyond two years.
"A person who is subject to a ban on the release of the territory may, within two months of notification of the decision and following notification of each renewal, request the administrative court to cancel that decision. The Administrative Court shall rule within four months of its referral. Such remedies shall be exercised without prejudice to the procedures open to the articles L. 521-1 and L. 521-2 Administrative Justice Code.
"The ban on the exit of the territory shall, as soon as it is pronounced and as a precautionary measure, prevail over the invalidation of the passport and national identity card of the person concerned or, where appropriate, impede the issuance of such a document. The administrative authority shall inform the person concerned by any means.
"On notification of the ban on the exit of the territory, and no later than twenty-four hours from the territory, the person concerned is required to return his or her passport and national identity card.
"A receipt of his or her identity is given to the person concerned in exchange for the return of his or her passport and national identity card or, at his or her request, instead of the issuance of such a document. This receipt is sufficient to justify the identity of the person concerned in the national territory pursuant to theArticle 1 of Act No. 2012-410 of 27 March 2012 relating to the protection of identity.
"The fact of leaving or attempting to leave French territory in violation of a ban on leaving the territory under this section is punishable by three years' imprisonment and a fine of 45,000 €.
"The fact, for any person who has been notified of a decision to ban the exit of the territory, from the obligation to return his passport and national identity card is punishable by two years' imprisonment and 4,500 €' fine.
"A decree in the Council of State specifies the modalities for the implementation of this article, particularly with regard to the procedure for establishing the receipt referred to in the ninth paragraph. » ;
2° Chapter II of title III is supplemented by an article L. 232-8 as follows:
"Art. L. 232-8. - Where the administrative authority finds that the data transmitted under this chapter allow the identification of a person subject to an exit ban from the territory referred to in Article L. 224-1, it shall notify the transport company concerned, by means taking into account the urgency, of a ban on the carriage of that person.
"In the event of a lack of awareness of the transportation ban by a transport company, the fine provided for in Article L. 232-5 is applicable, under the conditions provided for in the same section.
"The conditions for the application of this article are specified by decree in the Council of State. »
I.-The Code of Entry and Residence of Aliens and the Right of Asylum is amended as follows:
1° Title I of Book II is supplemented by a chapter IV as follows:
“Chapter IV
« Administrative prohibition of the territory
"Art. L. 214-1.-Any citizen of a Member State of the European Union, another State Party to the Agreement on the European Economic Area or the Swiss Confederation or any member of the family of such a person may, as long as he or she is not usually resident in France and is not in the national territory, be subject to an administrative ban on the territory when his or her presence in France would constitute a fundamental threat, because of his or her personal security
"Art. L. 214-2.-Any foreign national not mentioned in Article L. 214-1 may, as long as he is not usually resident in France and is not in the national territory, be subject to an administrative ban on the territory when his presence in France constitutes a serious threat to public order, internal security or international relations of France.
"Art. L. 214-3.-The administrative ban on the territory is the subject of a written decision of the Minister of Interior and rendered after a non-adversarial procedure. It is motivated, unless considerations of State security do not oppose it.
"If the foreigner entered France while the administrative ban on the territory previously pronounced had not already been notified to him, this notification was made on the national territory.
"When the decision has been made pursuant to Article L. 214-1 and the person concerned is present in France on the date of his notification, he shall, from that date, be granted a period of time to leave the territory which, unless urgently, may not be less than one month.
"Art. L. 214-4.-A foreign national who is subject to an administrative ban on the territory and is about to enter France may be denied entry under the conditions set out in Chapter III of this title.
"When a foreigner who is subject to an administrative ban on the territory is present in the French territory, he or she may be reappointed to the border, if any, upon the expiry of the period provided for 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 transfer to the border of aliens subject to an administrative ban on the territory.
"Art. L. 214-5.-The administrative authority may at any time repeal the administrative prohibition of the territory. The foreigner may apply for a waiver of the measure after a period of one year from the date of its pronouncement. The silence held for more than four months on the request for a lift is a decision to reject.
"Art. L. 214-6.-Without prejudice to the provisions of Article L. 214-5, the grounds for the administrative prohibition of the territory shall be reviewed 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 a minor foreigner. » ;
2° Article L. 213-1 is supplemented by the words: "an administrative ban on the territory";
3° Book V is thus modified:
(a) The 7th 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: "return to the French territory in force", the words are inserted: "an administrative prohibition of the territory in force",
(c) In the title V, chapter V, the word "measure" is replaced by the word "measure";
(d) After the 5th of the article L. 561-1, it is inserted a 6° as follows:
« 6° If the foreigner must be transferred to the border pursuant to an administrative ban on the territory. » ;
(e) Section L. 571-1 is amended as follows:
-in the first paragraph, after the words: "return to French territory", the words are inserted: "administrative ban on the territory", and after the word "criminal", the end of the paragraph is deleted;
-the last three paragraphs are deleted;
4° Chapter IV of Book VI title II is amended to read:
(a) Article L. 624-1 is amended as follows:
-in the first paragraph, after the words: "to leave French territory", the words are inserted: ", an administrative ban on the territory";
- in the second paragraph, after the words "entrance to France", and the words "judicial to the territory", are inserted the words: "an administrative ban on the territory",
(b) In the last paragraph of Article L. 624-4, the 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 "of prohibition of French territory", are inserted the words "of administrative prohibition of French territory".
I. - Title VI of Book V of the Code of Entry and Residence of Aliens and the Right of Asylum is supplemented by a chapter III as follows:
“Chapter III
"Residence assignment with prohibition of being in relation to a person named
"Art. L. 563-1. - The foreigner is obliged to reside in the places set by him under articles L. 523-3, L. 523-4 or L. 541-3, which was sentenced to a ban on the territory for acts of terrorism provided for in the territory Title II of Book IV of the Criminal Code or against which an expulsion order has been issued for conduct related to terrorist activities may, if required by public security, be prescribed by the competent administrative authority to issue a prohibition on residential assignment in relation, directly or indirectly, to certain persons named as persons whose conduct is related to terrorist activities. The decision is written and motivated. It may be taken for a maximum of six months and renewed, within the same time limit, by a decision also motivated. This prohibition shall be lifted as soon as the conditions are no longer satisfied or in the event of the lifting of the residential assignment.
"The violation of this prohibition is punishable under the conditions set out in Article L. 624-4 of this Code. »
II. - Article L. 624-4 of the same code is supplemented by a paragraph as follows:
"The same one-year sentence of imprisonment is applicable to foreigners who have not complied with the prohibitions prescribed by article L. 563-1. »
Aunt 4° of Article 421-1 of the Criminal Code, after the first occurrence of the words "defined by", are inserted the references: "Articles 322-6-1 and 322-11-1 of this code".
I.-After article 421-2-4 of the same code, an article 421-2-5 is inserted as follows:
"Art. 421-2-5.-Provoking directly to acts of terrorism or publicly apologizing these acts is punishable by five years imprisonment and 75,000 € fine.
"The penalties are increased to seven years' imprisonment and to 100,000 €' fine when the facts were committed using an online public communication service.
"When the facts are committed through the written or audio-visual press or the communication to the public on-line, the specific provisions of the laws governing these matters are applicable with regard to the determination of the persons responsible. »
II.-The Freedom of the Press Act of 29 July 1881 is amended as follows:
1° The sixth paragraph of Article 24 is deleted;
2° In the first paragraph of Article 24 bis, the words: "sents under the sixth paragraph of Article 24" are replaced by the words: "one year's imprisonment and 45,000 € fine";
3° In the first paragraph of section 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 "nine" is replaced by the word "eighth";
5° In 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 the references: "7 and 8";
7° In section 65-3, the words "sixth, eighth and ninth" are replaced by the words "seventh and eighth".
I.-After article 421-2-4 of the Penal Code, it is inserted an article 421-2-6 as follows:
"Art. 421-2-6.-I.-Constitutes an act of terrorism makes it possible to prepare the commission of one of the offences mentioned in II, as long as the preparation of the offence is intentionally in relation to an individual enterprise with the aim of severely disturbing public order by intimidation or terror and is characterized by:
« 1° Detaining, searching, purchasing or manufacturing objects or substances that create a danger to others;
« 2° And one of the other material facts:
“(a) Collect information on places or persons to carry out action in these places or to infringe upon or monitor such persons;
“(b) Training or training in the handling of weapons or any form of combat, the manufacture or use of explosive, incendiary, nuclear, radiological, biological or chemical substances or the conduct of aircraft or vessels;
"(c) Usually consult one or more online public communication services or hold documents directly to the commission of terrorist acts or by making apology;
"(d) Having spent time abroad in a theatre of terrorist grouping operations.
"II.-I applies to the preparation of the commission of the following offences:
« 1° Either one of the acts of terrorism mentioned in the 1st of Article 421-1;
« 2° Either one of the acts of terrorism mentioned in 2° of the same Article 421-1, where the prepared act consists of destruction, degradation or damage by explosive or incendiary substances to be carried out in circumstances of time or place that may result in damage to the physical integrity of one or more persons;
« 3° Either one of the acts of terrorism referred to in section 421-2, where the prepared act is likely to result in physical integrity of one or more persons. »
II.-After the third paragraph of article 421-5 of the same code, a paragraph is inserted as follows:
"The act of terrorism defined in Article 421-2-6 is punishable by ten years imprisonment and 150,000 € fine. »
In the first paragraph of section 227-24 of the same code, after the word "violent", the word "or" is replaced by the words ", inciting terrorism."
The Code of Criminal Procedure is amended as follows:
1° At the beginning of section 2 of title XV of Book IV, an article 706-23 was reinstated as follows:
"Art. 706-23.-The decision of an online public communication service may be pronounced by the Referee Judge for the facts set out in section 421-2-5 of the Criminal Code when they constitute a manifestly unlawful disorder, at the request of the Public Prosecutor's Office or any natural or legal person who has an interest in acting. » ;
2° Article 706-24-1 is reinstated as follows:
"Art. 706-24-1.-Sections 706-88 to 706-94 of this Code are not applicable to offences under section 421-2-5 of the Criminal Code. » ;
3° Section 706-25-1 is supplemented by a sub-paragraph as follows:
"This section is not applicable to offences under section 421-2-5 of the Criminal Code. » ;
4° Section 706-25-2 is repealed.
Article 706-16 of the Code of Criminal Procedure is supplemented by two paragraphs as follows:
"Section 1 of this Title is also applicable to the prosecution, investigation and trial of offences committed in detention by a detained, accused, convicted, sought in the context of a European arrest warrant or sought in the context of an extradition for terrorist acts criminalized by sections 421-1 to 421-6 of the Criminal Code.
"These provisions are also applicable to the prosecution, investigation and judgment of escape offences in accordance with Articles 434-27 to 434-37 of the same Code, of offences of association of criminal offences under Article 450-1 of the said Code when they are for the purpose of preparing one of the aforementioned escape offences, of offences under Article L. 624-4 of the Code of Entry and Stay »
I. - Section 3, paragraph 2, of chapter IV, title X, of Book IV of the same code is supplemented by an article 695-28-1 as follows:
"Art. 695-28-1. - For the examination of requests for the execution of a European arrest warrant concerning the perpetrators of acts of terrorism, the Attorney General near the Court of Appeal of Paris, the first president of the Court of Appeal of Paris, and the Chamber of Instruction of the Court of Appeal of Paris and its President exercise concurrent jurisdiction to that which results from the application of Articles 695-26 and 695-27. »
II. - Section 2 of chapter V of Book IV title X of the same code is supplemented by an article 696-24-1, as follows:
"Art. 696-24-1. - For the examination of requests for extradition concerning the perpetrators of acts of terrorism, the Attorney General near the Court of Appeal of Paris, the first president of the Court of Appeal of Paris, and the Chamber of Instruction of the Court of Appeal of Paris and its President exercise concurrent jurisdiction over the application of Articles 696-9, 696-10 and 696-23. »
I. - The monetary and financial code is amended as follows:
1° In the first sentence of section L. 562-1, the word "may" is replaced by the words: "and the Minister of Interior may, jointly,"
2° Article L. 562-5 is amended as follows:
(a) In the first sentence, the word "may" is replaced by the words: "and the Minister of Interior may, jointly,"
(b) At the end of the second sentence, the words "of the minister" are deleted;
3° In section L. 562-6, the words "of the minister" are replaced by the words "of ministers".
II. - This section comes into force on the first day of the fourth month following the promulgation of this Act.
I.-The 7 of Article 6 of Act No. 2004-575 of 21 June 2004 for confidence in the digital economy is thus amended:
1° In the third paragraph, after the word "humanity", the words are inserted: "from provocation to 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 preambular paragraphs are deleted;
3° In the last paragraph, the words ", fifth and seventh" are replaced by the words "and fifth".
II.-After article 6 of the same Act No. 2004-575 of 21 June 2004, an article 6-1 is inserted as follows:
"Art. 6-1.-Where the necessity of the fight against provocation to terrorist acts or the apology of such acts under section 421-2-5 of the Penal Code or against the dissemination of images or representations of minors under section 227-23 of the same Code justify it, the administrative authority may request any person mentioned in the III of section 6 of this Act or to persons mentioned in section 2 of the I-2 of the Criminal Code to withdraw from It shall simultaneously inform the persons referred to in 1 of I of Article 6 of this Act.
"In the absence of a withdrawal of these contents within 24 hours, the administrative authority may notify the persons mentioned in the same 1 of the list of e-mail addresses of e-communication services to the public online in contravention of the said articles 421-2-5 and 227-23. These persons must prevent access to these addresses without delay. However, in the absence of provision by the person referred to in III of the same article 6 of the information referred to in that same III, the administrative authority may make the notification provided for in the first sentence of this paragraph without having previously requested the withdrawal of the contents under the conditions provided for in the first sentence of the first paragraph of this article.
"The administrative authority shall forward the requests for withdrawal and the list referred to, respectively, to the first and second paragraphs to a qualified personality, designated within it by the National Commission on Informatics and Freedoms for the duration of its mandate in that commission. It cannot be designated among the persons mentioned in the 1° of Article 13 of Law No. 78-17 of 6 January 1978 related to computing, files and freedoms. The qualified personality ensures the regularity of withdrawal requests and the conditions for the establishment, updating, communication and use of the list. If it finds an irregularity, it may at any time recommend to the administrative authority to terminate it. If the administrative authority fails to comply with this recommendation, the qualified person may apply to the competent administrative court, with reference or upon request.
"The administrative authority may also notify the electronic addresses whose contents contravene sections 421-2-5 and 227-23 from the penal code to search engines or directories, which take any useful measures to stop the reference of the online communication service to the public. The procedure provided for in the third paragraph of this article shall apply.
"The qualified personality referred to in the same third paragraph makes an activity report publicly available each year on the conditions and results of its activity, including the number of requests for withdrawal, the number of contents that have been withdrawn, the reasons for withdrawal and the number of recommendations made to the administrative authority. The report is submitted to the Government and Parliament.
"The terms and conditions for the application of this article are specified by decree, including compensation, if any, of the justified incremental costs resulting from the obligations assumed by the operators.
"Any breach of the obligations set out in this section shall be punished by the penalties set out in 1 of Article 6 of this Act. »
III.-The first paragraph of 1 of Article 6 of the same Act No. 2004-575 of 21 June 2004 is amended as follows:
1° The words: ", fifth and seventh" are replaced by the words: "and fifth";
2° After the reference: "7 of the I", the words are inserted: "this section or those provided for in section 6-1 of this Act";
3° After the reference: "II", the words "of this article" are inserted.
Article 57-1 of the Code of Criminal Procedure is amended as follows:
1° After the first preambular paragraph, a sub-item reads as follows:
"They may also, under the search conditions set out in this code, access by a computer system located in the premises of a police or gendarmerie service to data relevant to the ongoing investigation and stored in another computer system, if these data are accessible from the initial system. » ;
2° Four subparagraphs are added:
"The judicial police officers may, by any means, require any person who may:
« 1° To be aware of the measures applied to protect the data to which it is permitted to access in the context of the search;
« 2° To provide them with the information to access the data mentioned at 1°.
"With the exception of the persons mentioned in sections 56-1 to 56-3, the failure to respond to this requisition as soon as possible is punishable by a fine of 3,750 €. »
The first paragraph of articles 60-1 and 77-1-1 of the same code is amended as follows:
1° In the first sentence, twice, and in the second sentence, the word "documents" is replaced by the word "information";
2° In the first sentence, the words "the ones that come from" are replaced by the words "the ones that come from."
The same code is amended:
1° Section 230-1 is amended as follows:
(a) In the first paragraph, after the word "understand," the words are inserted: "or that these data are protected by an authentication mechanism," and the words: "the clear version of this information" are replaced by the words: "access to this information, their clear version";
(b) In the first and last paragraphs, after the words: "instruction" are inserted the words: ", the judicial police officer, by authorization of the prosecutor of the Republic or the investigating judge,"
(c) In the first sentence of the second paragraph, after the word "Republic", the words ", of the judicial police officer" are inserted;
(d) In the second sentence of the second paragraph, after the word "planned", the reference is inserted: "in the second paragraph of Article 60 and", and the reference: "in the first paragraph of" is replaced by the word "to";
2° Section 230-2 is amended as follows:
(a) The first paragraph is amended to read:
-in the first sentence, after the word "instruction", the words are inserted: ", the judicial police officer, on authorization of the public prosecutor or the investigating judge," and the words: "at the national judicial police service responsible for the fight against crime related to information technology" are replaced by the words: "to a technical body subject to the secret of national defence, and designated by decree";
-in the last sentence, the words: "the requesting judicial authority" are replaced by the words: "the prosecutor of the Republic, the court of investigation, the judicial police officer, by authorization of the prosecutor of the Republic or the investigating judge, or the court of judgment seized of the case or having requested the technical body";
(b) The first sentence of the second paragraph is deleted;
3° Section 230-3 is amended as follows:
(a) The first sentence of the first paragraph is as follows:
"On completion of operations or as soon as it appears that these operations are technically impossible or upon expiry of the prescribed period or upon receipt of the order of interruption from the prosecutor of the Republic, the court of investigation, the judicial police officer, on authorization of the prosecutor of the Republic or the investigating judge, or of the court of judgment seized of the case, the results obtained and the documents received are returned by the body responsible » ;
(b) The second paragraph is deleted;
4° In section 230-4, the word "judicial" is deleted.
Aunt first paragraph of Article 323-3 of the Criminal Code, the first occurrence of the word: "or" is replaced by the words: ", to extract, hold, reproduce, transmit,".
I.-After article 323-4 of the same code, an article 323-4-1 is inserted as follows:
"Art. 323-4-1.-When the offences provided for in Articles 323-1 to 323-3-1 were committed in organized bands and against an automated system of personal data processing implemented by the State, the penalty is increased to ten years imprisonment and to 150,000 € fine. »
II.-At 1° of Article 704 of the Code of Criminal Procedure, the reference "323-4" is replaced by the reference "323-4-1".
Title XXIV of Book IV of the Code of Criminal Procedure is thus restored:
« Title XXIV
" OF THE PROCEDURE APPLICABLE TO INSTRUMENT SYSTEMS
"Art. 706-72.-Sections 706-80 to 706-87-1,706-95 to 706-103 and 706-105 of this Code apply to the investigation, prosecution, investigation and trial of offences under section 323-4-1 of the Criminal Code.
"The articles referred to in the first paragraph of this article are also applicable to the investigation, prosecution, investigation and judgment of the laundering of the same offences and to the association of criminals when it is the purpose of preparing one of these offences. »
After section 2 of chapter II of title XXV of book IV of the same code, a section 2 bis is inserted as follows:
“Section 2 bis
"From the investigation under pseudonym
"Art. 706-87-1. - In order to find out the offences referred to in sections 706-72 and 706-73 and, when committed by an electronic means of communication, to collect the evidence and to search for the perpetrators, officers or judicial police officers acting in the course of the investigation or on a Letter of Request may, if assigned to a specialized service designated by an order of the Minister of the Interior and specially authorized to do so, carry out the following acts
« 1° Participate under a pseudonym in electronic exchanges;
« 2° To be in contact by the means mentioned in 1° with persons likely to be the perpetrators of these offences;
« 3° To extract, acquire or retain evidence and data on persons liable to be the perpetrators of such offences;
« 4° Extract, transmit in response to an express request, acquire or retain illicit content, under conditions established by decree.
“With the penalty of nullity, these acts cannot be an incentive to commit these offences. »
I. - The same code is amended as follows:
1° Section 706-35-1 is amended as follows:
(a) In the first sentence of the first paragraph, the references: "225-4-1 to 225-4-9, 225-5 to 225-12" are replaced by the references: "225-4-1, 225-4-8, 225-4-9, 225-5, 225-6";
(b) After the 2°, it is inserted a 2° bis as follows:
"2° bis Exclude, acquire or retain by this means evidence and data on persons liable to be the perpetrators of these offences; »
2° After the 2° of article 706-47-3, it is inserted a 2° bis as follows:
"2° bis Exclude, acquire or retain by this means evidence and data on persons liable to be the perpetrators of these offences; "
II. - Article 59 of Act No. 2010-476 of 12 May 2010 on openness to competition and regulation of the game of money and online chance is thus amended:
1° At 2°, the words "data" are replaced by the words "evidence and data";
2° After the same 2°, it is inserted a 3° as follows:
« 3° Extract, transmit in response to an express request, acquire or retain illicit content under conditions established by decree. »
At the end of the first sentence of Article 706-102-1 of the Code of Criminal Procedure, the words: "or as introduced by typing of characters" are replaced by the words: ", as introduced by entering characters or as they are received and issued by audiovisual devices".
The third paragraph of article 706-161 of the same code is supplemented by a sentence as follows:
"The agency can also make contributions to the State to finance the fight against crime and crime. »
Chapter I of Book III of Part VI of the Transport Code is supplemented by an article L. 6341-4 as follows:
"Art. L. 6341-4. - In the event of a threat to national security, the administrative authority may impose on air carriers serving the national territory from foreign aerodromes the implementation of security measures whose duration of application may not exceed three months. These measures may be repeated under the same conditions.
"The safety measures mentioned in the first paragraph are those whose implementation can be imposed on air carriers pursuant to Regulation (EC) No 300/2008 of the European Parliament and of the Council, of 11 March 2008, concerning the establishment of common rules in the field of civil aviation safety and repealing Regulation (EC) No. 2320/2002, the regulations made for its application by the European Commission and the national standards of safety.
"The terms and conditions for the application of this article are set by decree in the Council of State. »
I.-Les Orders No. 2012-351 of 12 March 2012 on the Legislation of the Internal Security Code, no. 2013-518 of 20 June 2013 amending certain provisions of Internal Security Code and Defence Code (Legislative Parties) and No. 2013-519 of 20 June 2013 amending certain provisions of Internal Security Code (Legislative Party) related to overseas are ratified.
II.-The internal security code is amended as follows:
1° The title IV of Book I is thus written:
« Title IV
« DEONTOLOGY OF INLAND SECURITY
“Chapter I
“General provisions
"Art. L. 141-1.-The ethics of persons carrying out security missions or activities is specified by decree in the Council of State.
“Chapter II
“Defender of Rights
"Art. L. 142-1.-The Defender of Rights carries out his mission to ensure respect for ethics by persons engaged in security activities under the conditions established by the Organic Law No. 2011-333 of 29 March 2011 relating to the Ombudsman of Rights. » ;
2° The title III of Book IV is supplemented by a chapter IV as follows:
“Chapter IV
“Deontology of national police and gendarmerie
"Art. L. 434-1.-A code of ethics common to the police and the national gendarmerie is established by decree in the Council of State. » ;
3° Chapter II of Book IV title I is repealed;
4° Articles L. 285-1, L. 286-1 and L. 287-1 are supplemented by a 7° as follows:
« 7° Part VII: Article L. 271-1. » ;
5° Article L. 285-2 is supplemented by a 9° as follows:
« 9° The second paragraph of Article L. 271-1 is as follows:
“ “ A decree 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 that are subject to it. “”
6° Article L. 286-2 is supplemented by a 10° as follows:
« 10° The second paragraph of Article L. 271-1 is as follows:
“ “ A decree of the High Commissioner of the Republic in New Caledonia specifies the areas in which this obligation applies and the characteristics of the buildings or premises that are subject to it. “”
7° Article L. 287-2 is supplemented by an 11° as follows:
« 11° Section L. 271-1 is amended as follows:
“(a) The second preambular paragraph reads as follows:
“ “ An order by the senior administrator of the Wallis and Futuna Islands specifies the areas in which this obligation applies and the characteristics of the buildings or premises that are subject to it. “ ;
“(b) The last paragraph is deleted. » ;
8° The 9th of Article L. 645-1 is thus written:
« 9° Article L. 614-1 is supplemented by the words: “in its applicable drafting in French Polynesia”;
9° The 10th of Article L. 646-1 is thus written:
« 10° Article L. 614-1 is supplemented by the words: “in its applicable drafting in New Caledonia”;
10° The 9th of Article L. 647-1 is thus written:
« 9° Article L. 614-1 is supplemented by the words: “in its writing applicable in the Wallis and Futuna Islands”;
11° In 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 based on the seriousness of the breaches committed and, if applicable, in relation to the benefits derived from the breach, without being able to exceed 150,000 €. These penalties are imposed in accordance with the rights of the defence. »
I. - The last paragraph of Article L. 222-1 of the Internal Security Code is deleted.
II. - The first paragraph of section 32 of Act No. 2006-64 of 23 January 2006 on the fight against terrorism and on various security and border controls is deleted.
Under the conditions provided for in Article 38 of the Constitution, the Government is authorized to take by order the measures relating to the area of the law necessary to apply and adapt the provisions of this Act in French Polynesia, New Caledonia and in the Wallis and Futuna Islands, as well as to allow residential assignments throughout the territory of the Republic of an alien expelled or prohibited from the territory, regardless of the place
Orders shall be made within three months of the promulgation of this Act.
The bill for ratification of each order shall be tabled before Parliament no later than the last day of the sixth month following that of its publication.
Sections 2 and 3 of this Act apply to Saint-Barthélemy and Saint-Martin.
I. - 2° of articles L. 285-1, L. 286-1, L. 287-1 and L. 288-1 of the internal security code is supplemented by the reference: " and L. 224-1".
II. - At 3° of Article L. 288-1 of the same code, the reference: "L. 232-6" is replaced by the reference: "L. 232-8".
III. - 2° of Article 1 and Articles 4 to 25 are applicable in French Polynesia, Wallis and Futuna Islands and New Caledonia.
This law will be enforced as a law of the State.
Done in Paris, November 13, 2014.
François Hollande
By the President of the Republic:
The Prime Minister,
Manuel Valls
Minister of Ecology, Sustainable Development and Energy,
Royal
The Seal Guard, Minister of Justice,
Christiane Taubira
Minister of Finance and Public Accounts,
Michel Sapin
The Minister of the Interior,
Bernard Cazeneuve
Minister of Economy, Industry and Digital,
Emmanuel Macron
Minister of Overseas,
George Pau-Langevin