Key Benefits:
The National Assembly and the Senate adopted,
Seen the Constitutional Council Decision No. 2005-532 DC of 19 January 2006,
The President of the Republic enacts the following:
After Article 10 of Law No. 95-73 of 21 January 1995, it is inserted a Article 10-1 worded as follows:
" Art. 10-1. -I.-For the purposes of preventing acts of terrorism, the State representative in the département and, in Paris, the prefect of the police may prescribe the implementation, within a time limit which they fix, of videosurveillance systems, to persons Following:
" -the operators of establishments, installations or works referred to in Articles L. 1332-1 and L. 1332-2 of the code of defence;
" -infrastructure managers, authorities and transport operators Collective transport activity governed by Law No. 82-1153 of 30 December 1982 on the orientation of inland transport;
" -airport operators which, not covered by the two preceding paragraphs, are open to the International traffic.
" II. -Prior to their decision and except in matters of national defence, the representative of the State in the département and, in Paris, the prefect of the police shall take for opinion the departmental committee established in Article 10 when that decision concerns On a video surveillance installation filming the public channel or places and establishments open to the public.
" Video surveillance systems installed pursuant to this Article shall be subject to the provisions of the fourth and Fifth paragraphs of II, second, third, fourth and sixth paragraphs of III, IV, V, VI and VII of Article 10.
" III. -When the emergency and the particular exposure to a risk of terrorist acts require it, the State representative in the département and, in Paris, the prefect of the police may prescribe, without prior notice of the departmental commission, the Implementation of a video surveillance system operated under the conditions set out in Part II of this Article. When this decision concerns a video surveillance installation filming the public road or premises or establishments open to the public, the chairman of the committee shall be immediately informed of that decision. It may then convene it without delay so that it gives an opinion on the implementation of the provisional decision-making
. Before the expiry of a maximum period of four months, the representative of the State in the département and, in Paris, the prefect Party shall collect the opinion of the Departmental Commission on the implementation of the video surveillance system in accordance with the procedure laid down in Article 10 of Article 10 and shall decide on its
. IV. -If the persons mentioned in the I refuse to implement the prescribed video surveillance system, the representative of the State in the département and, in Paris, the prefect of the police shall cause them to proceed with this installation within the time limit They shall lay down, taking into account the specific constraints relating to the operation of the establishments, installations and works and, where appropriate, of the
. V.-A fine of EUR 150 000 for the persons mentioned To the I, not to have taken the measures to install the video surveillance system prescribed by the expiry of the period laid down by the formal notice referred to in the IV.
I. -After the first sentence of the eighth preambular paragraph of Article 78-2 of the Code of Criminal Procedure, three sentences are inserted. Written:
" When this control is carried out on a train carrying out an international link, it can be operated on the portion of the journey between the border and the first stop which lies beyond the twenty kilometres of the border. However, on those of the railway lines carrying out an international liaison and having particular characteristics of service, the control may also be operated between that judgment and a judgment within the limit of fifty Kilometers below. These lines and judgments are designated by ministerial order. "
II. -In the second sentence of the eighth paragraph of the same article, the words: " Above " Are replaced by the words: " Mentioned in the first sentence of this paragraph ".
I. -After Article 25 of Act No. 95-73 of 21 January 1995, it is inserted a Article 25-1 worded as
: Art. 25-1. -National police personnel wearing their uniforms or external insignia and their quality shall be permitted to use appropriate equipment to immobilize the means of transport in the following cases:
" - When the driver does not stop at their summons;
" -where the behaviour of the driver or its passengers is likely to endanger the lives of others or of themselves;
" -in the case of a crime or a flagrant offence, Where the immobilization of the vehicle appears to be necessary due to driver behaviour or leakage conditions.
" These materials must conform to technical standards defined by ministerial order. "
II. -Order No. 58-1309 of 23 December 1958 on the use of weapons and the establishment of roadblocks by police personnel is repealed.
The I of Article L. 34-1 of the Electronic Communications and Position Code is supplemented by a paragraph worded as follows:
" Persons who, in respect of an activity Main or accessory professional, offer to the public a connection allowing an online communication through access to the network, including free of charge, are subject to compliance with the provisions applicable to operators of Electronic communications under this section. "
I. -After Article L. 34-1 of the postal code and electronic communications, an Article L. 34-1-1 reads as follows: '
' Art. L. 34-1-1. -In order to prevent [Provisions declared not in conformity with the Constitution by the decision of the Constitutional Council n ° 2005-532 DC of 19 January 2006] acts of terrorism, individual designated and duly authorized agents of the services of National police and gendarmerie specially responsible for these missions may require operators and persons referred to in Article L. 34-1 to communicate the data stored and processed by them in accordance with Article L. 34-1 Item.
" The data subject to this request shall be limited to technical data relating to the identification of subscription numbers or connection to electronic communications services, to the identification of all A designated person's subscription or connection numbers, the data relating to the location of the terminal equipment used, and the technical data relating to a subscriber's communications relating to the list of numbers called and Callers, duration, and date of communication.
" The identifiable and specific additional costs incurred by the operators and persons referred to in the first subparagraph in response to those requests shall be compensated Financial.
" The requests of the agents shall be reasoned and subject to the decision of a qualified person, placed with the Minister of the Interior. This person shall be appointed for a period of three years, renewable by the National Commission for the Control of Security Intercepts on the proposal of the Minister of the Interior, who shall submit to him a list of at least three names. Substitute assistants are appointed under the same conditions. A qualified person shall draw up an annual activity report to the National Commission for the Control of Security Intercepts. Applications, accompanied by reason, shall be registered and communicated to the National Commission for the Control of Security Intercepts
This body may at any time carry out checks on operations Communication of technical data. Where it finds a breach of the rules laid down in this Article or an infringement of rights and freedoms, it shall refer the matter to the Minister of the Interior of a recommendation. It shall inform it within 15 days of the measures it has taken to remedy the deficiencies found.
" The arrangements for the application of the provisions of this Article shall be laid down by decree in the Council of State, taken after notice The National Commission on Informatics and Liberties and the National Commission for the Control of Security Intercepts, which specifies, in particular, the procedure for monitoring applications and the conditions and duration of data storage Transmitted. "
II. -After the II of Article 6 of the Law n ° 2004-575 of 21 June 2004 for confidence in the digital economy, it is inserted an IIA thus written:
" II bis. -In order to prevent [Provisions declared not in conformity with the Constitution by the decision of the Constitutional Council n ° 2005-532 DC of 19 January 2006] acts of terrorism, individual designated and duly authorized agents of the services of National police and gendarmerie specially responsible for such missions may require the providers mentioned in 1 and 2 of the I to communicate the data stored and processed by the latter under this Article.
" The Requests from the agents shall be reasoned and subject to the decision of the qualified person established by Article L. 34-1-1 of the code of posts and electronic communications in accordance with the procedure laid down in the same article. The National Commission for the Control of Security Intercepts shall exercise its control in accordance with the arrangements laid down by the same
. The arrangements for the application of the provisions of this IIa shall be fixed by decree in the Council of State, taken After the opinion of the National Commission on Informatics and Liberties and the National Commission for the Control of Security Intercepts, which specifies, in particular, the procedure for monitoring applications and the conditions and duration of storage of Data transmitted. "
III. -1. At the end of the second sentence of the first paragraph of Article 4 of Law No. 91-646 of 10 July 1991 on the secrecy of correspondence issued by electronic communications, the words: " Or the person that each person will have Specially delegated " Are replaced by the words: " Or one of the two people each of them will have specially delegated ".
2. In the first sentence of the first paragraph of Article 19 of the same Law, the words: Of Article 14 and ' Are replaced by the words: " Article 14 of this Law and the Minister of the Interior pursuant to Article L. 34-1-1 of the Electronic communications and Article 6 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, as well as ".
3. The same law shall be supplemented by a Title V entitled: Final Provisions " Section 27, which becomes section 28.
4. It is inserted, in the same law, as follows:
"TITLE IV
" COMMUNICATION OF TECHNICAL DATA ON ELECTRONIC COMMUNICATIONS
" Art. 27. - The National Commission for the Control of Security Intercepts shall exercise the powers defined in Article L. 34-1-1 of the Electronic Communications and Postal Code and in Article 6 of Law No. 2004-575 of 21 June 2004 on confidence In the digital economy with regard to requests for the communication of data from the electronic communications operators and persons referred to in Article L. 34-1 of the aforementioned code, as well as the providers mentioned in 1 And 2 of the I of Article 6 of Law No. 2004-575 of 21 June 2004.
I. -In order to improve border control and to combat illegal immigration, the Minister of the Interior is authorised to carry out the implementation of automated data processing. Personal character, collected on the occasion of international movements from or to States outside the European Union, to the exclusion of data falling within the scope of Article 8 of Law No. 78-17 of 6 January 1978 Relating to computers, files and freedoms:
1 ° on landing and boarding passes for air carriers;
2 ° Collected from the optical reading strip of travel documents, of the National identity card and visas for passengers of air, sea or rail carriers;
3 ° Relatives to passengers and recorded in the reservation and departure control systems when they are held by the
The treatments referred to in the first subparagraph shall be subject to the provisions of Law n ° 78-17 of 6 January 1978 referred to
. -The treatments mentioned in the I can also be implemented under the same conditions for the purpose of preventing and suppressing acts of terrorism. Access to them is then restricted to the individually designated and duly authorised agents:
-the national police and gendarmerie services specially responsible for these missions;
-national police and gendarmerie services As well as customs, responsible for international transport security.
III. -The treatments mentioned in I and II may be interlinked with the wanted persons file and the Schengen Information System.
IV. -For the implementation of the treatments referred to in I and II, air carriers are required to collect and transmit to the services of the Ministry of the Interior the data listed in Article 2 of Article 3 of Council Directive 2004 /82/EC, On 29 April 2004, concerning the obligation for carriers to communicate passenger data, and mentioned at 3 ° du I.
They are also required to communicate to the services referred to in the preceding paragraph the data of 3 ° I other than those mentioned in the same paragraph where they hold them.
The obligations laid down in the two preceding paragraphs shall apply to marine and rail carriers.
A Council of State decree, taken after notice of the National Commission on Informatics and Liberties, fixed the arrangements for the transmission of the data referred to in the 3 ° of I.
V.-A fine of up to EUR 50 000 for each journey the fact for a transport undertaking The failure to fulfil obligations
by a report drawn up by an official belonging to one of the bodies whose list is defined by decree in the Council of State. A copy of the minutes shall be given to the transport undertaking concerned. Failure to do so shall result in a fine imposed by the competent administrative authority. The fine shall be imposed for each trip that gave rise to the breach. The amount is paid to the public treasury by the transport company.
The transport company has access to the file. It shall be able to submit its written observations within one month of the draft sanction. The decision of the administrative authority is subject to full jurisdiction.
The administrative authority may not impose a fine on facts dating back more than one
. -Air, sea and rail carriers have an obligation to inform the persons concerned by the treatment carried out under 3 ° of the I of this Article in accordance with the provisions of Act No. 78-17 of 6 January 1978
Section 26 of Act No. 2003-239 of 18 March 2003 for internal security reads as follows:
" Art. 26. - In order to prevent and suppress terrorism, to facilitate the identification of related offences, to facilitate the recognition of criminal or organised crime within the meaning of Article 706-73 of the Code of Procedure Criminal, theft and recel offences of stolen vehicles, smuggling, import or export offences committed in an organised band, provided for and repressed by the second subparagraph of Article 414 of the Customs Code, as well as the Declaration, when they relate to funds derived from the same offences, the conduct or attempt to carry out the financial operations defined in Article 415 of the same Code and to enable the gathering of evidence of These offences and the search for their authors, the national police and gendarmerie services and the customs authorities may implement fixed or mobile devices for automated control of the identifying data of vehicles taking the Photograph of their occupants, at all appropriate points in the territory, in particular in the border, port or airport areas as well as on the major routes of national or international
. The use of such devices is Also possible by the national police and gendarmerie services, on a temporary basis, for the preservation of public order, at special events or large gatherings of persons, by decision of the authority Administrative.
" For the purposes mentioned in this Article, personal data collected in connection with the above controls may be the subject of automated processing carried out by the police and Of the national gendarmerie and subject to the provisions of Act No. 78-17 of 6 January 1978 relating to computers, files and freedoms
These treatments involve consulting the automated processing of data relating to the Stolen or reported vehicles and the Schengen Information System.
" In order to allow this consultation, the data collected shall be kept for a maximum period of eight days after which they are deleted as soon as they have not Gave rise to any positive reconciliation with the treatments referred to in the preceding paragraph. During this period of eight days, the consultation of data which has not been the subject of a positive reconciliation with these treatments is prohibited, without prejudice to the needs of their consultation for the purposes of criminal proceedings. Data which are positively reconciled with the same treatment shall be kept for a period of one month without prejudice to the requirements of their conservation for the purposes of a criminal or customs
. For the purpose of To prevent and suppress acts of terrorism and to facilitate the identification of related offences, designated and duly authorized officers of the national police and gendarmerie services specially responsible for these offences Missions may have access to these treatments. "
For the purposes of the prevention and suppression of acts of terrorism, the individually appointed and duly empowered officers of the national police and gendarmerie services specially responsible for these Missions may, under the conditions laid down by Law n ° 78-17 of 6 January 1978, have access to the following automated treatments:
-the national registration file;
-the national system for the management of driving licences ;
-the system for managing national identity cards;
-the passport management system;
-the computerized records management system for foreign nationals in France;
-personal data, Referred to in Articles L. 611-3 to L. 611-5 of the code of entry and residence of aliens and the right of asylum, relating to foreign nationals who, having been checked at the crossing of the border, do not Entry requirements;
-the personal data referred to in Article L. 611-6 of the same code.
For the purposes of preventing acts of terrorism, the intelligence services of the Ministry of Defence Under the conditions laid down by Law n ° 78-17 of 6 January 1978, referred to above, to access the automated processing mentioned above.
An order of the Minister of the Interior and of the Minister of Defence determines the intelligence services of the Ministry of Defence which are authorized to consult the said automated processing operations.
In the 3 ° of the I of Article 23 of Act No. 2003-239 of 18 March 2003, the references are: 3 ° and 11 ° " Are replaced by references: " 3 °, 6 °, 11 °, 12 °, 13 ° and 14 ° ".
I. -After Article 421-5 of the Code Criminal, an article 421-6 reads as follows: "
" Art. 421-6. -The penalties shall be increased to twenty years' imprisonment and a fine of EUR 350 000 if the group or agreement defined in Article 421-2-1 is to be
: 1. One or more crime of harm to persons Referred to in item 421-1;
" 2. Either one or more destruction by explosive or incendiary substances referred to in 2 ° of Article 421-1 and to be carried out in circumstances of time or place capable of causing death One or more people;
" 3. The act of terrorism defined in Article 421-2 where it is likely to result in the death of one or more persons.
" The direction or organization of such a grouping or arrangement is Punishable by 30 years' imprisonment and EUR 500 000 fine.
' The first two paragraphs of Article 132-23 relating to the period of security shall apply to the crimes provided for in this Article. "
II. -In the first paragraph of Articles 78-2-2 and 706-16 and Article 706-73 of the Code of Criminal Procedure, the reference: 421-5 " Is replaced by the reference: " 421-6 ".
Article 706-24 of the Code of Criminal Procedure is reinstated:
" Art. 706-24. -The officers and judicial police officers, assigned to the judicial police services specially responsible for the fight against terrorism, may be nominally authorized by the General Prosecutor at the Court of Appeal of Paris to Conduct investigations into offences falling within the scope of Article 706-16, by identifying themselves by their administrative registration number. They may be allowed to testify as witnesses under the same number.
" The civil status of the officers and judicial police officers referred to in the first subparagraph may be communicated only by decision of the Attorney General in court Of appeals from Paris. It shall also, at its request, communicate to the President of the court of judgement seized of the facts
The provisions of Article 706-84 shall apply in the event of the disclosure of the identity of such officers or judicial police officers, other than The cases referred to in the preceding
. No conviction shall be imposed on the sole basis of acts of procedure carried out by investigators who have benefited from the provisions of this article and whose civil status would not have been Communicated, at his request, to the President of the court seised of the facts
The detailed rules for the application of this Article shall, as appropriate, be specified by decree in the Council of State. "
The I of Article 30 of Act No. 78-17 of 6 January 1978 is supplemented by a paragraph worded as follows:
" Requests for opinions on treatment of the security of the State, defence or Public safety may not include all of the information listed above. A decree in the Council of State, taken after the opinion of the National Commission on Informatics and Freedoms, sets out the list of such treatments and information that requests for opinions on such treatments must contain at least. "
I. -After Article 706-22 of the Code of Criminal Procedure, an Article 706-22-1 reads as follows: '
' Art. 706-22-1. -By way of derogation from the provisions of Article 712-10, the judge for the application of the sentences of the High Court of Paris, the court for the application of the penalties of Paris and the Chamber of the Enforcement of Sentences shall be the sole jurisdiction The Court of Appeal of Paris to make decisions concerning persons convicted of an offence falling within the scope of Article 706-16, irrespective of the place of detention or residence of the convicted
. These decisions Shall be taken after the opinion of the competent sentencing judge pursuant to Article 712-10
For the exercise of their powers, the magistrates of the courts referred to in the first subparagraph may move on the whole of the National territory, without prejudice to the application of the provisions of Article 706-71 on the use of telecommunications means. "
II. -The provisions of this Article shall enter into force on 1 May 2006.
The first subparagraph of Article 706-25 of the Code of criminal procedure is supplemented by a sentence so written:
" For the judgment of accused minors at least sixteen years of age, the rules on the composition and functioning of the underage court are also fixed By these provisions, two of the assessors being among the judges of the children within the jurisdiction of the Court of Appeal, in accordance with the provisions of article 20 of Order No. 45-174 of 2 February 1945 on juvenile delinquency, including the eighth To the fourteenth paragraphs shall apply. "
I. -Article 16 of the Code of Criminal Procedure is thus amended:
1 ° In the 3 °, the words: ; public servants holding the National Police Command and Coaching Corps; and Staff members of the corps of command and management already holders of this quality, nominally appointed by order of the Ministers of Justice and the Interior after the assent of a committee " Are replaced by the words: " And police officers " ;
2 ° In 4 °, the words: " Master's " Are replaced by the words: " ", and the words:" Of the commission referred to in 3 ° " Are replaced by the words: " A commission " ;
3 ° In the Sixth paragraph, references: ' 2 ° to 4 ° " Are replaced by references: " 2 ° and 4 ° ".
II. -The 2 ° and 3 ° of Article 20 of the same code shall be replaced by a 2 ° thus written:
" 2 ° Officials holding the national police training and enforcement body who do not have the status of a judicial police officer, subject to Provisions concerning officials referred to at 4 ° and 5 ° below; '.
Article 706-88 of the Code of Procedure Completed by four sub-paragraphs as follows:
" If it is apparent from the first elements of the investigation or custody itself that there is a serious risk of imminent terrorist action in France or abroad, or The judge of the freedoms may, on an exceptional basis and in accordance with the provisions laid down in the second paragraph, decide that the current police custody of a person, on the basis of one of the Offences referred to in section 706-73, will be subject to an additional 24-hour extension, renewable once.
" At the end of the ninety-sixth hour and the one-hundred-twentieth hour, the person whose An extension of a police custody order may apply to speak with a lawyer, in accordance with the terms and conditions laid down in Article 63-4. The person kept in custody shall be notified of this right upon notification of the extension provided for in this
. In addition to the possibility of medical examination carried out at the initiative of the kept in sight, from the beginning of each of the two extensions It must be examined by a doctor appointed by the public prosecutor, the investigating judge or the judicial police officer. The required physician shall decide on the compatibility of the extension with the health of the person concerned.
" If the person has not been granted the right to prevent, by telephone, a person with Who is ordinarily resident or one of her parents on-line, one of her brothers and sisters or her employer, of the extent to which she is the subject, subject to the conditions set out in sections 63-1 and 63-2, she may repeat this claim Of the ninety-sixth hour. "
[Provisions declared unconstitutional by Constitutional Council Decision 2005-532 DC of 19 January 2006.]
The first paragraph of Article L. 126-1 of the Insurance Code is thus amended:
1 ° The words: " And the " Are replaced by the words: " National, the " ;
2 ° After the words: " Words ", the words:" , are compensated " Are replaced by the words: " Thus That their successors in title, whatever their nationality, are compensated
Article 25-1 of the Civil Code is supplemented by a paragraph so worded:
" If the facts complained of are referred to in Article 25, the time limits referred to in the two Previous paragraphs shall be extended to fifteen years.
Law No. 86-1067 of 30 September 1986 On freedom of communication is thus amended:
1 ° Article 33-1 is supplemented by a III so worded:
" III. -By way of derogation from the I and II of this Article, television services falling within the competence of France pursuant to Articles 43-4 and 43-5 may be broadcast by networks not using frequencies assigned by the Council Audiovisual superior without prior formality. They shall remain subject to the obligations resulting from this Law and to the control of the Conseil supérieur de l' audiovisuel, which may, in particular, use the procedures provided for in Articles 42, 42-1 and 42-10. Satellite operators whose activity has the effect of raising television services within the competence of France, pursuant to Article 43-4, and distributors of services referred to in Article 34, are obliged to inform the publishers The services considered to be applicable to them.
" Agreements concluded between the Conseil supérieur de l' audiovisuel and the publishers of television services falling within the competence of France pursuant to Articles 43-4 and 43-5 shall be deemed to have lapsed from the entry into force of Law No. 2006-64 of 23 January 2006 on the fight against terrorism with various provisions relating to security and border controls. " ;
2 ° At the beginning of Article 42-1, the words: " Suspension of edition or distribution " Are replaced by the words: " Suspension of publishing, broadcasting or distribution " ;
3 ° The second sentence of the article 42-6 is supplemented by the words: And, in the event of suspension of the broadcasting of a service, to the satellite operators who ensure the broadcasting of the service in France and who will have to ensure the execution of the measure ' ;
4 ° The first paragraph of Article 43-6 reads as follows:
" Services falling within the competence of another Member State of the European Community or party to the Agreement on the European Economic Area may be broadcast by networks not using frequencies Assigned by the Conseil supérieur de l' audiovisuel without prior formality.
I. -Title VI of Book V of the Monetary and Financial Code is thus amended:
1 ° Its title reads as follows: Obligations concerning the fight against money laundering and the financing of Terrorist activities " ;
2 ° In Article L. 562-10, after the words: "And offences" shall be inserted as follows: And the fight against financing terrorist activities " ;
3 ° Chapter IV and Articles L. 564-1, L. 564-2 and L. 564-3 become, respectively, Chapter V and Articles L. 565-1, L. 565-2 and L. 565-3;
4 ° It is reinstated a Chapter IV written as follows:
"Chapter IV
"
Fight Against Terrorist Financing Obligations
" Art. L. 564-1. -The financial institutions and persons mentioned in paragraphs 1 to 5 and 7 of Article L. 562-1, who own or receive funds, financial instruments and economic resources, shall be obliged to apply the freezing or prohibition measures taken in Under this chapter.
" For the purposes of this Chapter, funds, financial instruments and economic resources shall mean assets of any kind, tangible or intangible, movable or immovable, acquired by any means Documents or legal instruments in any form, including electronic or digital form, that prove a right of ownership or an interest in such assets, including, inter alia, bank credits, cheques for Travel, bank cheques, money orders, shares, securities, bonds, drafts and letters of credit.
" Art. L. 564-2. -Without prejudice to the specific restrictive measures taken pursuant to Council of the European Union regulations and the measures imposed by the judicial authority, the Minister responsible for the economy may decide to freeze, for a period of six Months, renewable, of all or part of the funds, financial instruments and economic resources held with the bodies and persons referred to in Article L. 564-1 which belong to natural or legal persons who commit, or attempt to To commit acts of terrorism, defined as Article 1 of Article 1 of Council Regulation (EC) No 2580/2001 of 27 December 2001 concerning the adoption of specific restrictive measures against certain persons and entities In the context of the fight against terrorism, facilitate or participate in it and to legal persons held by those natural persons or controlled, directly or indirectly, by them within the meaning of Article 1 of Regulation (EC) No 5 and 6 No 2580/2001 of the Council of 27 December 2001, cited above. The fruit produced by the aforesaid funds, instruments and resources shall also be frozen
The freezing of funds, financial instruments and economic resources held with the bodies and persons referred to in Article L. 564-1 shall mean Any action intended to prevent any movement, transfer or use of funds, financial instruments and economic resources which would result in a change in their amount, location, property, nature or Any other changes that could be used by persons subject to the freezing measure.
" The Minister responsible for the economy may also decide to prohibit, for a renewable period of six months, any movement or Transfer of funds, financial instruments and economic resources for the benefit of natural or legal persons referred to in the first
. Decisions of the Minister adopted pursuant to this Article shall be published in the Journal Official and enforceable as of the date of this publication.
" Art. L. 564-3. -The freezing or prohibition measures taken under this Chapter shall be binding on any person who co-owns the aforesaid funds, instruments and resources, as well as to any person who has a joint account with which the other holder is a Owner, owner or usufructuary referred to in the first paragraph of Article L. 564-2.
" Such measures shall be effective against any creditor and any third party who may invoke rights in the funds, financial instruments and Economic resources considered even if the origin of these or other rights is prior to the publication of the order.
" The measures referred to in the third paragraph of Article L. 564-2 shall apply to movements or transfers of funds, Financial instruments and economic resources whose execution order has been issued prior to the date of publication of the prohibition
. Art. L. 564-4. -Banking or professional secrecy shall not prevent the exchange of information between the bodies and persons referred to in Article L. 564-1 and the services of the State responsible for implementing a measure of freezing or prohibition of movement Transfer of funds, financial instruments and economic resources where such information is intended to verify the identity of the persons concerned directly or indirectly by that measure. The information provided or exchanged can only be used for these purposes.
" The services of the State responsible for implementing a measure freezing or prohibiting movement or transfer of funds, financial instruments and resources And the authorisation and control authorities of the bodies and persons referred to in Article L. 564-1 shall be authorised to exchange the information necessary for the performance of their respective
. Art. L. 564-5. -The State shall be responsible for the injurious consequences of the implementation in good faith, by the financial institutions and the persons referred to in Article L. 564-1, their leaders or servants, of the freezing or prohibition measures mentioned In Article L. 564-2. No professional sanction may be imposed against such bodies and persons, their leaders or their servants.
" Art. L. 564-6. -A decree of the Council of State lays down the conditions for the application of the provisions of this Chapter, in particular the conditions under which the bodies and persons referred to in Article L. 564-1 are required to apply the freezing measures or Prohibition of movement or transfer of funds, financial instruments and economic resources taken under this Chapter. "
II. -Chapter IV of Title VII of Book V of the same code is thus amended:
1 ° Its title reads as follows: Anti-Money Laundering and Anti-Terrorist Financing Provisions " ;
2 ° It is added Article L. 574-3 worded as follows:
" Art. L. 574-3. -penalties under Article 459 of the Customs Code shall be punished by the fact, for the officers or servants of the financial institutions and persons referred to in Article L. 564-1 and, for persons subject to a measure of freezing or Prohibition pursuant to Chapter IV of Title VI of this book, to evade the resulting obligations or to prevent its implementation.
" The provisions relating to the recognition of Offences, prosecutions, litigation and enforcement of offences under Titles II and XII of the Customs Code subject to sections 453 to 459 of the Code. "
III. -1. At the end of the last sentence of the first subparagraph of Article L. 563-1 of the Code, the reference: L. 564-1 " Is replaced by the reference: " L. 565-1 ".
2. In the last paragraph of Article L. 563-4 of the Code, the reference: L. 564-2 " Is replaced by the reference: " L. 565-2 ".
I. Article 321-6 of the Penal Code reads as follows:
" Art. 321-6. -The fact of not being able to justify resources corresponding to his lifestyle or not being able to justify the origin of a property held, while being in normal relations with one or more persons who are engaged in the A commission of crimes or offences punishable by at least five years'imprisonment and providing them with direct or indirect profits, or the victims of one of these offences, shall be punished with a sentence of three years' imprisonment and a penalty of EUR 75 000 Fine.
" The same penalties shall be imposed for facilitating the justification of fictitious resources for persons engaged in the commission of crimes or offences punished by at least five years' imprisonment and providing them with a profit Direct or indirect. "
II. -After Article 321-6 of the Code, an Article 321-6-1 reads as follows: '
' Art. 321-6-1. -The penalties provided for in Article 321-6 shall be increased to five years' imprisonment and a fine of EUR 150 000 where the crimes and offences are committed by a minor on which the person unable to justify his or her resources has authority
They Shall be brought to seven years' imprisonment and a fine of EUR 200 000 where the offences committed constitute the crimes or offences of trafficking in human beings, extortion or criminal association, or that they constitute the crimes or offences of Drug trafficking, including in the event of normal relations with one or more persons using narcotic
. They shall be brought to ten years' imprisonment and a fine of EUR 300 000 in respect of an offence referred to in The preceding paragraph committed by one or more minors. "
III. -After Article 321-10 of the same Code, an Article 321-10-1 reads as follows:
" Art. 321-10-1. -Natural persons guilty of the offences set out in Articles 321-6 and 321-6-1 shall also be liable to forfeiture of all or part of their property, whatever the nature, movable or immovable, divis or indivis, They could not justify the origin.
" Additional penalties may also be imposed for crimes or offences committed by the person or persons with whom the perpetrator was in normal relations. "
IV. -Articles 222-39-1, 225-4-8, 312-7-1 and 450-2-1 of the same code are repealed.
V.-Article 706-73 of the Code of Criminal Procedure is supplemented by a 16 ° reading:
" 16 ° Unjustification of resources corresponding to the train Life, provided for in Article 321-6-1 of the Criminal Code, when it relates to one of the offences mentioned at 1 ° to 15 °. "
VI. -1. In Article 313-5 of the code of entry and residence of aliens and the right of asylum, the reference: 222-39-1 " Is replaced by the reference: " 321-6-1 ".
2. In Article 450-5 of the Criminal Code, the reference: 450-2-1 " Is replaced by the reference: " 321-6-1 ".
3. In Article 704 of the Code of Criminal Procedure, the reference: 450-2-1 " Is replaced by the reference: " 321-6-1 ".
4. In the II of Article 71 of Act No. 2001-1062 of 15 November 2001 on daily safety, the reference: 450-2-1 " Is replaced by the reference: " 321-6-1 ".
Law No. 83-629 of 12 July 1983 regulating activities Amended:
1 ° Article 5 is thus amended:
(a) The 5 ° is repealed;
(b) After 8 °, a paragraph shall be inserted as follows:
" Approval cannot be granted If it results from the administrative investigation, having, where appropriate, consulted the processing of personal data managed by the national police and gendarmerie services falling within the provisions of Article 26 of the Law No. 78-17 of 6 January 1978 relating to computers, files and freedoms, with the exception of identification files, that his conduct or actions are contrary to honour, probity, good morals or are of a nature to bear Damage to the security of persons or property, to public security or to the security of the State and are incompatible with the exercise of the above-mentioned functions. "
2 ° 4 ° of article 6 is thus written:
" 4 ° As a result of the administrative investigation, where appropriate in consultation with the processing of personal data managed by the police and gendarmerie services Under the provisions of Article 26 of Act No. 78-17 of 6 January 1978, with the exception of identification files, that its conduct or actions are contrary to honour, probity, good morals or are Liable to impair the safety of persons or property, public security or state security and are incompatible with the exercise of the above functions; "
3 ° Article 22 is thus amended:
(a) 5 ° is repealed ;
(b) After 7 °, insert a paragraph reading:
" The authorisation may not be granted if it results from the administrative investigation, having, where appropriate, consulted the processing of personal data managed by the National police and gendarmerie services covered by the provisions of article 26 of Act No. 78-17 of 6 January 1978 relating to computers, files and freedoms, with the exception of identification files, whether its behaviour or Acts are contrary to honour, probity, morality or are likely to affect the safety of persons or property, public security or the security of the State and are incompatible with the exercise of office Above. " ;
4 ° of Article 23 reads as follows:
" 4 ° As a result of the administrative investigation, where appropriate in consultation with the processing of personal data managed by the police and gendarmerie services Under the provisions of Article 26 of Act No. 78-17 of 6 January 1978, with the exception of identification files, that its conduct or actions are contrary to honour, probity, good morals or are Liable to impair the safety of persons or property, public security or state security and are incompatible with the performance of the above functions; ".
Article 31 of Law No. 95-73 of 21 January 1995 security orientation and programming is thus written:
" Art. 31. - The provisions of this Law shall apply to Mayotte, Saint-Pierre-et-Miquelon, Wallis and Futuna Islands, French Polynesia, New Caledonia and the French Southern and Antarctic Lands, with the exception of Articles 6, 9, 11 to 14, 17, 18 and 24 as well as Article 23 in respect of New Caledonia and Article 33 in respect of Mayotte, Saint-Pierre-et-Miquelon, Wallis and Futuna Islands, French Polynesia and Southern Territories And French Antarctic, subject to the following changes:
" 1 ° The provisions of Article 7 repealed under Article 12 of Act No. 96-142 of 21 February 1996 on the legislative part of the general code of communities Territorial waters remain in force for Mayotte, Saint-Pierre-et-Miquelon, Wallis and Futuna Islands, French Polynesia, New Caledonia and the French Southern and Antarctic Lands;
" 2 ° In III and III bis of Article 10 and I, II, III and IV of Article 10-1, the words: 'State representative in the département shall be replaced by the words' representative of the State;
' 3 ° In III, III bis, V, VI and VII of Article 10 and II and III Article 10-1, the words: "departmental commission are replaced by the words:" local commission;
" 4 ° For their application in New Caledonia, French Polynesia and Wallis and Futuna Islands:
" (a) In article VI 10 and V of Article 10-1, the amount of the fine in euro shall be replaced by its countervalue in local currency;
" (b) At the end of VI of Article 10, the words: " Articles 226-1 of the Penal Code and L. 120-2, L. 121-8 and L. 432-2-1 of the Code of Replaced by the words "Article 226-1 of the Penal Code;
" (c) In the third paragraph of I of Article 10-1, the words: " governed by Law No. 82-1153 of 30 December 1982 on the orientation of inland transport shall be deleted;
" 5 ° For its application in Mayotte, in the VI of Article 10, the words'and L. 120-2, L. 121-8 and L. 432-2-1 of the Labour Code are replaced by the words' and L. 442-6 of the Labour Code applicable to Mayotte;
' 6 ° For its application in The Wallis and Futuna Islands, in the VI of Article 10, the reference to Articles L. 120-2, L. 121-8 and L. 432-2-1 of the Labour Code is replaced by the reference to the corresponding provisions applicable locally. "
I. -Subject to the amendments of 1 ° III, the provisions of this Law, with the exception of Article 3, shall apply to Mayotte.
Subject to the modifications provided for in II and 4 ° of the III, the provisions of this Law, with the exception of Articles 3, 25 and 31, shall apply in the Wallis and Futuna Islands.
Subject to the modifications provided for in II and to the 2 ° and 3 ° of III, the provisions of this Law, to The exception of Articles 3, 20, 25, 29 and 31 are applicable in New Caledonia, French Polynesia and French Southern and Antarctic Lands.
II. -For the application of Article 6 of this Law and Article 421-6 of the Criminal Code, the amount of the fines in euro shall be replaced by its counter-value in local currency in New Caledonia, French Polynesia and Wallis and Futuna.
III. -Book VII of the monetary and financial code:
1 ° For its application to Mayotte, Article L. 735-13 is thus amended:
(a) In the first paragraph, the word and the reference: And L. 574-2 " Are replaced by the word and reference: " In L. 574-3 " ;
(b) At the beginning of the second paragraph, the words: " References to Article 415 of the Customs Code " Are replaced by the words: " References to Articles 415 and 453 to 459 and to Titles II and XII of the Customs Code " ;
2 ° For Its application to New Caledonia Article L. 745-13 is thus amended:
(a) In the first paragraph, the word and the reference: And L. 574-2 " Are replaced by the word and reference: " To L. 574-3 " ;
(b) At the beginning of the second paragraph, Words: " References to Article 415 of the Customs Code " Are replaced by the words: " References to Articles 415 and 453 to 459 and to Titles II and XII of the Customs Code " ;
3 ° For its application to French Polynesia Article L. 755-13 is thus amended:
(a) In the first paragraph, the word and the reference: And L. 574-2 " Are replaced by the word and reference: " To L. 574-3 " ;
(b) At the beginning of the second paragraph, the words: " References to Article 415 Customs Code " Are replaced by the words: " References to Articles 415 and 453 to 459 and to Titles II and XII of the Customs Code " ;
4 ° For its application to Wallis and Futuna Islands, Article L. 765-13 is thus amended:
(a) In the first paragraph, the word and reference: And L. 574-2 " Are replaced by the word and reference: " To L. 574-3 " ;
(b) At the beginning of the second paragraph, the words: " References to Article 415 of the Customs Code " Are replaced by the Words: " References to Articles 415 and 453 to 459 and to Titles II and XII of the Customs Code ".
IV. -After Article L. 422-5 of the Insurance Code, Article L. 422-6 reads as follows: '
' Art. L. 422-6. Articles L. 422-1 to L. 422-5 apply to Mayotte and the Wallis and Futuna Islands.
In Article 39 sexies of the Freedom of the Press Act of 29 July 1881, the words:" Military of the National Gendarmerie " Are replaced by The words: " Military personnel or civilian personnel of the Ministry of Defence ".
After Article 42-11 of Law No 84-610 of 16 July 1984 on the organisation and promotion of physical and sporting activities, an Article 42-12 reads as follows: '
' Art. 42-12. -When, by its overall conduct during sporting events, a person constitutes a threat to public order, the representative of the State in the département and, in Paris, the prefect of the police may, by reasoned order, To impose a ban on entering or travelling to the vicinity of the premises where such events take place or are transmitted in public.
" The order, valid on the national territory, fixes the type of Sports events concerned. It cannot exceed three months.
" The representative of the State in the département and, in Paris, the prefect of the police may also impose, by the same order, the person who is the subject of this measure the obligation to reply, to the The time of sporting events subject to the prohibition, to the summonses of any authority or any qualified person designated by it.
" The fact that the person does not comply with any of the orders made pursuant to the Prior paragraphs shall be punishable by 3 750 euros of fine.
" A decree of the Council of State shall lay down the rules for the application of this Article. "
The provisions of Articles 3, 6 and 9 shall apply until 31 December 2008.
The Government shall report annually to Parliament on the application of this Law.
An inter-ministerial order determines the national police and gendarmerie services specially charged with the prevention and suppression of acts of terrorism within the meaning of this
. Law will be enforced as state law
Done at Paris, 23 January 2006.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Dominique de Villepin
The Minister of State,
Minister of the Interior
and Spatial Planning,
Nicolas Sarkozy
The Minister of Defence,
Michèle Alliot-Marie
The Minister of Economics,
Finance and Industry,
Thierry Breton
Seals, Minister of Justice,
Pascal Clément
The Minister of Transport, Equipment,
of Tourism and the Sea,
Dominique Perben
Minister of Culture
and Communication,
Renaud Donnedieu de Vabres
The Minister for Overseas,
François Baroin
The Minister of Youth, Sports
and De la vie associative,
Jean-François Lamour
Industry Minister,
François Loos
(1) Act No. 2006-64.
-Preparatory work:
National Assembly:
Bill 2615;
Report by Mr. Alain Marsaud, on behalf of the Law Commission, No. 2681;
Discussion and adoption on 29 November 2005.
Senate:
Bill, adopted by the National Assembly, No. 109;
Report by Mr. Jean-Patrick Courtois, on behalf of the Committee on Laws, No. 117;
Discussion and adoption on 15 December 2005.
National Assembly:
Bill amended by 2762;
Report by Alain Marsaud, on behalf of the Joint Joint Committee, No. 2763.
Senate:
Report by Jean-Patrick Courtois, on behalf of the Joint Joint Committee, No. 143;
Discussion and adoption on 22 December 2005.
-Constitutional Council:
Decision No. 2005-532 DC of 19 January 2006 published in the Official Journal of the day.
