BOOK I
EXERCISE OF PUBLIC PROSECUTION AND JUDICIAL INVESTIGATION

TITLE II
INQUIRIES AND IDENTITY CHECKS

CHAPTER II
THE PRELIMINARY POLICE INQUIRY

Article 76-2
The district prosecutor or, with his permission, a judicial police officer may order the taking of bodily samples provided for by article 55-1.
The provisions of the second and third paragraphs of article 55-1 are applicable.

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 I
EXERCISE OF PUBLIC PROSECUTION AND JUDICIAL INVESTIGATION

TITLE III
INVESTIGATING JURISDICTIONS

CHAPTER I
THE INVESTIGATING JUDGE: THE FIRST-TIER INVESTIGATING JURISDICTION

SECTION III
INSPECTIONS OF PREMISES, SEARCHES, SEIZURES AND INTERCEPTION OF CORRESPONDENCE BY TELECOMMUNICATIONS

Subsection 1
Inspections of premises, searches and seizures

Article 97
Where in the course of an investigation there is a need to search for documents or electronic data, and subject to the requirements of the investigation and compliance, where necessary, with the obligation imposed by the third paragraph of the previous article, the investigating judge or the judicial police officer commissioned by him has the sole right to examine such documents before carrying out the seizure.
An inventory is made of all items, documents and electronic data placed in judicial safekeeping, which are immediately placed under official seals. However, if this is difficult to do on the spot, the judicial police officer proceeds as indicated under the fourth paragraph of article 56.
The seizure of any electronic data necessary for the discovery of the truth is carried out either by seizure of the physical medium in which the data is held or by means of a copy of the data made in the presence of those persons who were 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 investigating judge, the judicial police officer only allows the seizure of articles, documents or electronic data useful for the discovery of the truth.
If these official seals are closed, they may be opened and the documents examined only in the presence of the person under judicial examination in the presence of his advocate, or where the latter has been duly summoned. The third party in whose residence the seizure was made is also invited to attend during this operation.
Unless the requirements of the investigation prevent it, a copy or photocopy of the documents or electronic data placed under judicial safekeeping may be delivered as soon as possible to any persons concerned who request it at their own expense.
If the seizure comprises monies, ingots, papers or securities which do not necessarily have to be preserved in kind for the discovery of the truth or for the safeguarding of the rights of the parties, he may authorise the clerk to deposit them with the Deposit and Consignment Office or with the Bank of France.
If the seizure comprises counterfeit banknotes or coins, the investigating judge or the judicial police officer working with him must provide the national analysis centre with at least one example of each type of coin or banknote suspected of being fake. The national analysis centre may proceed to open any seals. It makes a list in a report which must record any opening or reopening of the seals. When the process of testing is complete, the report and the seals must be put into the hands of a clerk in the relevant court of law. An official record is made of their being so deposited.
The requirements of the preceding paragraph do not apply in cases where there is only one suspected fake coin or note, and this is needed to establish the truth.

BOOK I
EXERCISE OF PUBLIC PROSECUTION AND JUDICIAL INVESTIGATION

TITLE III
INVESTIGATING JURISDICTIONS

CHAPTER I
THE INVESTIGATING JUDGE: THE FIRST-TIER INVESTIGATING JURISDICTION

SECTION III
INSPECTIONS OF PREMISES, SEARCHES, SEIZURES AND INTERCEPTION OF CORRESPONDENCE BY TELECOMMUNICATIONS

Subsection 1
Inspections of premises, searches and seizures

Article 99-2
Where, during the course of the investigation, it proves impossible to carry out the restitution of movable property placed under judicial safekeeping, which no longer needs to be kept in order to establish the truth, either because the owner cannot be identified, or because the owner does not claim the item within two months from the time that the official notice was sent to his domicile, the investigating judge may, subject to the rights of third parties, order the destruction of the assets or their transfer to the State property agency with a view to their disposal.
Subject to the rights of third parties, the investigating judge may also order that ownership of personal property placed under judicial safekeeping which belongs to the persons being prosecuted, where the items no longer need to be kept in order to establish the truth, and their confiscation has been provided for by the law, be surrendered to the State property service with a view to their disposal, where to continue the seizure would decrease the value of the property. If the sale of the asset is then carried out, the proceeds of this are deposited for a period of ten years. Where the proceedings are dropped, or end in a discharge or acquittal, or where the court does not order confiscation, these proceeds are given back to the owner of the items, if he so requests.
The investigating judge may also order the destruction of moveable property placed under judicial safekeeping, which no longer needs to be kept in order to establish the truth, where the items concerned are qualified by law as dangerous or harmful, or where holding them is unlawful.
The decisions taken pursuant to the present article are the subject of a reasoned decision. This order is made either on the district prosecutor's request, or by the court on its own motion after hearing his views. It is communicated to the public prosecutor, the parties concerned and, if their identity is known, the owner as well as the third parties who have rights over this property, who can transfer the matter to the investigating chamber under the conditions provided for in the fifth and sixth paragraphs of article 99.
A decree of the Conseil d'Etat determines the mode of enforcement of the present article.

Article 99-3
An investigating judge or judicial police officer delegated by him may order any person, establishment or organisation, whether public or private, or any public services liable to possess any documents relevant to the investigation, 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 may not be given as a reason for non-compliance with such an 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 the person does not respond to this order, the provisions of the second paragraph of article 60-1 are applicable.