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France

France - Criminal Procedure Code 1959 (2006) EN

BOOK I
EXERCISE OF PUBLIC PROSECUTION AND JUDICIAL INVESTIGATION

TITLE II
INQUIRIES AND IDENTITY CHECKS

CHAPTER I
FLAGRANT FELONIES AND MISDEMEANOURS

Article 56
Where the type of the felony is such that evidence of it may be collected by seizing papers, documents, electronic data or other articles in the possession of the persons who appear to be involved in the felony or to be in possession of documents, information or articles pertaining to the criminal offence, the judicial police officer proceeds forthwith to the domicile of such persons to initiate a search, in respect of which he draws up an official report.
He is the only person, together with those persons mentioned under article 57 and any persons upon whom he calls pursuant to article 60, to be allowed to examine the papers or documents electronic data before proceeding to seize them.
However, he has the duty first to initiate any step appropriate to ensure the observance of professional secrecy and of the defendant's rights.
Any article or document seized is immediately entered on an inventory and placed under official seals. However, if it is difficult to make such an inventory on the spot, they are put under temporary closed official seals until such time as an inventory can be taken and they can be placed under final official seals. This is done in the presence of the persons who have witnessed the search pursuant to the conditions set out by article 57.
The seizure of any electronic data necessary for the discovery of the truth is carried out by placing in the hands of justice, either the physical medium holding this data or a copy of the data made in the presence of those persons present at the seizure.
If a copy is made, then on the orders of the district prosecutor, any electronic data the possession or use of which is illegal or dangerous to the safety of persons or property may be permanently erased from any physical medium that has not been placed in judicial safekeeping.
With the agreement of the district prosecutor, the judicial police officer only allows the seizure of articles, documents or electronic data useful for the discovery of the truth.
Where the seizure involves money, ingots, property or securities, the preservation of which in their original form is not necessary for the discovery of the truth, the district prosecutor may authorise their deposit in the Deposit and Consignment Office or at the Bank of France.
Where the seizure involves forged euro bank notes or coins, the judicial police officer must send at least one example of each type of note or coin suspected of being false to the national laboratory authorised for this task, for analysis and identification,. The national laboratory may open the official seals. It draws up an inventory in a report which must mention any opening or re-opening of the seals. When these operations are completed, the report and the sealed objects are put into the hands of the clerk of the appropriate court. This transfer is recorded in an official report.
The provisions of the previous paragraph do not apply where only one example of a particular type of suspect banknote or coin exists and it is needed for the discovery of the truth.
If they are seem able to provide information about articles, documents or electronic data seized, the persons present when the seizure is made may be kept at the scene of the seizure by the judicial police officer for as long as is necessary to complete these operations.

BOOK I
EXERCISE OF PUBLIC PROSECUTION AND JUDICIAL INVESTIGATION

TITLE II
INQUIRIES AND IDENTITY CHECKS

CHAPTER II
THE PRELIMINARY POLICE INQUIRY

Article 77-1-1
The district prosecutor or on his authorisation a judicial police officer, may order any person, establishment or organisation, whether public or private, or any public services liable to possess any documents relevant to the inquiry in progress, including those produced from a registered computer or data processing system, to provide them with these documents. Without legitimate grounds, the duty of professional secrecy cannot be given as a reason for non-compliance with this order. Where these orders relate to the persons mentioned in articles 56-1 to 56-3, the transfer of these documents may only take place with their consent.
Where there is no response to these orders, the provisions of the second paragraph of article 60-1 are applicable.

BOOK IV
SOME SPECIFIC PROCEEDINGS

TITLE III
PROCEEDINGS IN THE EVENT OF DISAPPEARANCE OF DOCUMENTS OF A FILE

Article 648
Where through any extraordinary circumstance original copies of judgments made in felony, misdemeanour or petty offence matters and not yet enforced, or where proceedings are pending and the copies made in accordance with article 81 have been destroyed, removed or lost and where it has not been possible to restore them, the following procedure applies.

Article 649
If a copy or authenticated copy of the first-instance or appeal judgment exists, it is considered as the original copy and consequently handed over by any public officer or any depositary to the court office of the court which made the decision, on an order given to him by the president of this court.
This order counts as a discharge from his duty.

Article 650
Where in felony matters no copy nor authenticated copy of the judgment exist, but the finding of the court and jury entered on the question sheet as stated in article 364 is still in existence, a new judgment is drafted on the basis of this finding.

Article 651
Where the finding of the court and jury cannot be produced, or where the case was tried contumaciously and no such documents exist, the investigation is resumed starting from the point from which documents are missing.
The same applies in any matter where no copy or authenticated copy of the decision remain in existence.

Rome Statute

Article 64 Functions and powers of the Trial Chamber

6. In performing its functions prior to trial or during the course of a trial, the Trial Chamber may, as necessary:

(b) Require the attendance and testimony of witnesses and production of documents and other evidence by obtaining, if necessary, the assistance of States as provided in this Statute;

If a State Party is requested by the Court to provide a document or information in its custody, possession or control, which was disclosed to it in confidence by a State, intergovernmental organization or international organization, it shall seek the consent of the originator to disclose that document or information. If the originator is a State Party, it shall either consent to disclosure of the information or document or undertake to resolve the issue of disclosure with the Court, subject to the provisions of article 72. If the originator is not a State Party and refuses to consent to disclosure, the requested State shall inform the Court that it is unable to provide the document or information because of a pre-existing obligation of confidentiality to the originator.

Article 73 Third-party information or documents

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(d) The service of documents, including judicial documents;

(i) The provision of records and documents, including official records and documents;

8.

(a) The Court shall ensure the confidentiality of documents and information, except as required for the investigation and proceedings described in the request.

(b) The requested State may, when necessary, transmit documents or information to the Prosecutor on a confidential basis. The Prosecutor may then use them solely for the purpose of generating new evidence.

(c) The requested State may, on its own motion or at the request of the Prosecutor, subsequently consent to the disclosure of such documents or information. They may then be used as evidence pursuant to the provisions of Parts 5 and 6 and in accordance with the Rules of Procedure and Evidence.

APIC

ARTICLE 7 Inviolability of Archives and Documents

The archives of the Court, and all papers and documents in whatever form, and materials being sent to or from the Court, held by the Court or belonging to it, wherever located and by whomsoever held, shall be inviolable. The termination or absence of such inviolability shall not affect protective measures that the Court may order pursuant to the Statute and the Rules of Procedure and Evidence with regard to documents and materials made available to or used by the Court.