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Decree No.. 2005-59 Of 24 January 2005 Amending The Code Of Criminal Procedure (Third Part: Decrees) And On The Judicial Police And The Central Offices Of The Judicial Police Under The Sub-Directorate Of The Judicial Police...

Original Language Title: Decree No. 2005-59 of 24 January 2005 amending the Code of Criminal Procedure (Third Part: Decrees) and on the judicial police and the central offices of the judicial police under the Sub-Directorate of the Judicial Police ...

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Summary

Enforcement of Act 2003-239. Modification of Art. D. 3, D. 4, D. 6, D. 8, D. 861, D. 10 and D. 12 of the aforementioned code (art. 1 and 2 of Decree No. 96-74).

Keywords

JUSTICE , PUBLIC FUNCTION OF THE STATE , CENTRAL ADMINISTRATION , GENERAL DIRECTION OF THE NATIONAL GENDARMERIE , OCPJ , CENTRAL OFFICE OF THE JUDICIAL POLICE , UNDER-DIRECTION OF THE JUDICIAL POLICE , ORGANIZATION , MISSION , RUNNING , ROLE , PENAL PROCEDURE , PENAL PROCEDURE CODE


JORF No. 24 of 29 January 2005 Page 1556
Text No. 14


DECRET
Decree No. 2005-59 of 24 January 2005 amending the Code of Criminal Procedure (Part 3: Orders) and relating to the Judicial Police and to the Central Criminal Police Offices Under-direction of the judicial police of the Directorate-General of the National Gendarmerie

NOR: JUSD0430242D ELI: http://www.legifrance.gouv.fr/eli/decret/2005/1/24/JUSD0430242D/jo/texte
Alias: http://www.legifrance.gouv.fr/eli/decret/2005/1/24/2005-59/jo/texte


The Prime Minister,
On the Seal Care Report, Minister of Justice,
Given the Code of Criminal Procedure, including articles 15 -1, 18, 706-80, R. 15 -18, R. 15 -22, D. 3, D. 4, D. 6, D. 8, D. 8-1, D. 10 and D. 12;
In view of Law No. 93-2 of 4 January 1993 on the reform of criminal procedure;
Law No. 2003-239 of 18 March 2003 on internal security;
Law No. 2004-204 of 9 March 2004 Adaptation of justice to developments in crime;
In light of Decree No. 2004-530 of 10 June 2004 amending the Code of Criminal Procedure (second part: Orders in the Council of State) and relating to categories of services and police units Judicial;
In view of Decree No. 2004-611 of 24 June 2004 establishing a Central Office for Combating Travelling Crime;
In view of Decree No. 2004-612 of 24 June 2004 establishing a Central Office for Combating Infringeing Environment and public health,
Describes:

Item 1 Read more about this Article ...


The third part (Orders) of the Code of Criminal Procedure is amended in accordance with Articles 2 to 8 of this Decree.

Item 2 Learn More On this article ...


Section D. 3 is modified as follows:
In the last paragraph, the words: " Or, where it falls within the field of competence of the central office referred to in Article D. 8-1, of the management Border police headquarters " Are replaced by the words: " Or the central direction of the police at the borders or under the direction of the judicial police of the general direction of the national gendarmerie ".

Item 3 Learn more about this Article ...


Article D. 4 is amended as follows:
In the first paragraph, after the words: " Or border police ", are inserted the words:" Or the direction of the management judicial police General gendarmerie ".

Article 4 Read more about this Article ...


Article D. 6 is amended as follows:
In the first paragraph, after the words: " The judicial police officers " shall be inserted the words: As well as judicial police officers acting Pursuant to the provisions of Article 706-80 ".

Article 5 Learn more about this Article ...


Article D. 8 is amended as follows:
1 ° In the third paragraph, the words: " Or, when entering the field of competence of the central office referred to in paragraph 8 ° of Article D. 8-1, of the Directorate Border police headquarters " Are replaced by the words: " Or the central direction of the police at the borders or under the direction of the judicial police of the Directorate-General of the National Gendarmerie " ;
2 ° To fourth Paragraph, the words " The Central Directorate of the Judicial Police and the Central Directorate of the Border Police shall transmit to the other services of the National Police and to the National Gendarmerie " Are replaced by the words: " The Central direction of the judicial police, the central direction of the police at the borders and the direction of the judicial police of the Directorate-General of the National Gendarmerie transmit to the other services of the police and National gendarmerie ".

Article 6 Learn more about this Article ...


Article D. 8-1 is modified and completed as follows:
1 ° In the first paragraph, the words: " Under Article R. 15-18 " Are replaced by the words: " Articles R. 15-18 and R. 15-22 " ;
2 ° The 8 ° is completed by: " The central border police directorate " ;
3 ° Added a 12 ° and a 13 ° so written:
" 12 ° Central Office for Combating Violations of the Environment and Public Health, of Under-direction of the judicial police of the Directorate-General of the National Gendarmerie;
13 ° Central Office for the Fight against Travelling Crime, of the judicial police branch of the General Directorate of the gendarmerie National. "

Article 7 Read more about this Article ...


Article D. 10 is amended as follows:
In the first paragraph, the words: " Or on the requisition of the prefect pursuant to Article 30 of the Code of Criminal Procedure " Are deleted.

Article 8 Learn more about this Article ...


Article D. 12 is amended as follows:
Paragraph 1 is supplemented by a sentence, inserted in the first paragraph, as follows: " To benefit from the extension of territorial jurisdiction provided for in Article 18 (second subparagraph), judicial police officers shall be temporarily empowered by the Attorney General to the Court of Appeal in the jurisdiction of which the reception service has its seat. "
The first paragraph of paragraph 2 reads as follows: Where, by application of Article 18 (third paragraph), a judicial police officer is carried within the jurisdiction of the courts of the courts of the courts or of the courts of the Courts to which he is attached, he must first notify the public prosecutor and the judicial police officer in charge of public safety, territorially competent. "
In the first paragraph of paragraph 3, the words: And only if there is an emergency " Deleted.
In the second paragraph of paragraph 3, the words: " In addition to urgency " Deleted.
Paragraph 4 is supplemented with the following words: " Or The under-direction of the judicial police of the general direction of the national gendarmerie ".

Article 9 Read more about this Article ...


The Minister of Interior, Internal Security and Local Freedoms, the Minister of Defence, the Minister of Justice, the Minister of Justice, and the Minister for Overseas Affairs are responsible for each Of the execution of this Decree, to be published in the Official Journal of the French Republic.


Done at Paris, January 24, 2005.


Jean-Pierre Raffarin


By the Prime Minister:


The Seal Guard, Minister of Justice,

Dominique Perben

The Minister of the Interior,

of Internal Security

and Local Freedoms,

Dominique de Villepin

The Minister of Defence,

Michèle Alliot-Marie

Overseas Minister,

Brigitte Girardin


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