Article 706-73

This article is a reminder of the importance of adversarial proceedings and the rights of the defense, as expressed by the Criminal Division of the French Supreme Court in its ruling of June 7, crim. In the course of a preliminary investigation into drug trafficking, an individual was referred to a Article 706-73 Court and then convicted on appeal of aggravated violence, drug offences, article 706-73, possession of goods dangerous to health without justification, repeat offences, refusal to article 706-73 and hit-and-run. It is true that during the search of a box made available to the accused, the investigators found large quantities of narcotics, article 706-73. The Examining Magistrate's Chamber dismissed the application for a declaration of nullity on the grounds that the search authorisation given by the Public Prosecutor "necessarily falls within the scope of the provisions of article of the Code of Procedure".

OJ L 68, In force: This act has been changed. Miscellaneous information. Relationship between documents. Languages, formats and link to OJ.

Article 706-73

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 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.

In other words, reasons must be given for using article 706-73 option, article 706-73, either by the magistrate authorising it or by the investigator requesting it, with a reference to the "circumstances likely to justify the use of these exceptional arrangements". This ruling, which is not open to appeal, must be supported by reasons indicating matters of fact and law which show these operations to be necessary.

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Article 706-73

If a witness is not testifying as an expert, testimony in the form of an opinion is limited to one that is:. A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if the proponent demonstrates to the court that it is more likely than not that:. An expert may base an opinion on facts or data in the case that the expert has been made aware of or personally observed.

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The document is then placed under official seals. The third party in whose residence the seizure was made is also invited to attend during this operation. Expand all Collapse all. No interception may be made on a telephone line connecting the chambers or domicile of a judge or prosecutor unless the president or the prosecutor general of the court with jurisdiction over the area in question is informed of this by the investigating judge. The Examining Magistrate's Chamber dismissed the application for a declaration of nullity on the grounds that the search authorisation given by the Public Prosecutor "necessarily falls within the scope of the provisions of article of the Code of Procedure". OJ L 68, Official Journal. 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. He decides by a making a reasoned order either upon the district prosecutor's submissions or on his own motion, after hearing the prosecutor's opinion, or upon the application of the person under judicial examination, the civil party or any other person claiming a right over the article. Any proceeds generated by the sale of the animal are deposited for a period of five years. Article The recordings are destroyed on the request of the district prosecutor or of the public prosecutor upon the expiry of the limitation period for prosecution.

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ARTICLE A search of the chambers of an advocate or of his domicile may only be made by a judge or prosecutor and in the presence of the president of the Bar Association or of his delegate, after a written and reasoned decision from this judge or prosecutor, which indicates the nature of the offence or offences in respect of which the search is made, the reasons justifying the search and its object. The district prosecutor who issued the search warrant is informed of this at the beginning of the operation. As far as aids other than those referred to in Article 1 are concerned, the provisions of Article 93 1 and the first sentence of Article 93 3 of the treaty establishing the European Economic Community shall apply. Where the judicial proceedings which justified the seizure end in a discharge or the proceedings being dropped, the proceeds of the sale are given to the person who owned the animal at the moment of the seizure, if he so requests. This document is an excerpt from the EUR-Lex website. This is recorded in an official record indicating the objections of the chairman or his delegate, which is not entered as part of the procedural file. It is true that during the search of a box made available to the accused, the investigators found large quantities of narcotics. In this case, the Cour de Cassation found that the public prosecutor had merely authorised the search in the absence of the individual on the sole grounds that the individual's behaviour could legitimately give rise to fears of escape. Within five days from receiving the documents, the liberty and custody judge gives a reasoned ruling on the objection, which is not open to appeal. Where other documents have been seized during the search without objection, the official record is separate from that required by article Article 59 Except where they are requested from within a building or in the exceptional cases provided for by law, searches and house visits may not be undertaken before 6 a.