General Part

SECTION FOUR
COERCIVE PROCEDURAL MEASURES

Chapter XVIII
APPLICATION OF OTHER COERCIVE PROCEDURAL MEASURES DURING CRIMINAL PROCEEDINGS

Article 177. The right to forcibly carry out investigative procedures

177.1. The prosecuting authority may, by force, carry out investigative procedures to guarantee the normal course of an investigation; it may take measures to make participants wait for the start of these procedures and to prevent them from leaving the place where they are to be held.

177.2. If the person concerned does not consent to the investigative procedure and if a court decision is requested for its compulsory conduct, the prosecutor in charge of the procedural aspects of the investigation shall apply to the court if he agrees with the investigator's reasoned request.

177.3. As a rule, a court decision shall be required in order to conduct the following investigative procedures by force :

177.3.1. examination, search or seizure and other investigative procedures in residential, service or industrial buildings ;
177.3.2. the body search of a person other than a detained or arrested person against his will ;
177.3.3. the attachment of property ;
177.3.4. the confiscation of postal, telegraphic or other messages ;
177.3.5. the interception of conversations held by telephone or other means and of information sent via communication media and other technical means ;
177.3.6. the obtaining of information about financial transactions, bank accounts or tax payments and private life or family, state, commercial or professional secrets ;
177.3.7. exhumation.

177.4. With the exception of examination, search and seizure, other investigative procedures in residential, service or industrial buildings and the investigative procedures provided for in Articles 177.3.6 and 177.3.7 of this Code may be conducted only under by court decision. The investigator may conduct the following procedures by force without a court decision :

177.4.1. on the grounds and under the circumstances provided for in Article 243.3 of this Code, he may conduct inspections, searches and seizures in residential, service or industrial buildings ;
177.4.2. he may conduct body searches in the circumstances provided for in Article 238.2 of this
Code ;
177.4.3. he may seize property in the circumstances provided for in Article 249.5 of this Code ;
177.4.4. he may confiscate postal, telegraphic or other messages and intercept conversations held by telephone or other means and information sent via communication media and other technical means if there are circumstances in which evidence of serious or very serious offences against the individual or central government must be established without delay.

177.5. If the investigative procedures for which Articles 177.3.1, 177.3.2, 177.3.4 and 177.3.5 of this Code provide are carried out by reasoned decision of the investigator in circumstances allowing no delay, the investigator shall fulfil the duties laid down in Article 443.2 of this Code.

177.6. No court decision shall be necessary for the investigator to carry out the investigative procedures provided for in Article 177.3.1 of this Code in residential, service or industrial buildings with the permission or by the invitation of the owners of those premises.

General Part

SECTION FOUR
COERCIVE PROCEDURAL MEASURES

Chapter XVIII
APPLICATION OF OTHER COERCIVE PROCEDURAL MEASURES DURING CRIMINAL PROCEEDINGS

Article 178. Forcible appearance before the prosecuting authority

178.1. Forcible appearance before the prosecuting authority shall entail bringing a person by force to the prosecuting authority and forcibly guaranteeing his participation in investigative or other procedures.

178.2. This measure may be applied to a person participating in criminal proceedings and summoned by the prosecuting authority only in the following circumstances :

178.2.1. if he fails to attend in response to the compulsory summons of the prosecuting authority without good reason ;
178.2.2. if he evades receipt of the summons from the prosecuting authority ;
178.2.3. if he hides from the prosecuting authority ;
178.2.4. if he has no permanent address.

178.3. Children under 14, pregnant women, persons who are seriously ill and victims bringing a private prosecution may not be forcibly brought before the prosecuting authority.

178.4. Forcible appearance before the prosecuting authority shall be based on a reasoned decision by the prosecuting authority or a court decision at the request of the parties to criminal proceedings.

178.5. The decision to forcibly bring a person before the prosecuting authority shall be enforced by the preliminary prosecuting authority or by another authority legally responsible for this duty.