The interception of data relates to electronic communications. However, it does
not cover the capture of speech or images,
137 operations for tracing mobile phones
covered by articles 230-32 et seq. CPP on geolocation, the identification of subscribers on a confidential list, or the consultation of detailed invoices.
Interceptions may only be made in cases of serious offences when the maximum
penalty is two years’ imprisonment or more.
138
Interceptions are possible in the context of an expedited or preliminary enquiry
relating to one of the offences listed under article 706-73 of the Code of Criminal
Procedure (especially offences relating to organized delinquency and crime) and
under article 706-73-1 of the Code of Criminal Procedure (fraud as part of an
organized ring, money laundering, etc.) Interception must be used exceptionally
only: it may be used “when the inquiry so requires”.
The examining magistrate ( juge d’instruction) and the magistrate ( juge des
libertés et de la détention (JLD)) alone are authorised to order such interceptions.
139
The public prosecutor may ask them of the magistrate (JLD). The decision is not of a
judicial character and is not subject to appeal.
For judicial investigations, the duration of these interceptions is 4 months, renewable under the same conditions as to form and duration.
140 Since the Act of 3 June
2016, the total duration of the interception cannot exceed one year, or two years for
offences under articles 706-73 and 706-73-1 of the Code of Criminal Procedure.
When the examining magistrate is tasked with an inquiry to determine the causes
of death or disappearance,
141 he or she may also order interceptions. These may not
then exceed three months, which may be renewed.
142
In the case of an expedited or preliminary inquiry, the magistrate (JLD) may
authorise them for a maximum duration of one month. The authorisation is renewable once, under the same conditions as to form and duration.
Special provisions are applicable to lawyers, members of the judiciary, journalists
and members of parliament.
Correspondence must be retained in full to safeguard the possibility of subsequent
adversarial examination.
Recordings are placed in bags under judicial seal,
143 other than for data stored by
the national platform for judicial interceptions (Plateforme nationale des interceptions judiciaires (PNIJ)).
144 Persons under investigation may request the
137 Dourneau-Josette (2016), No 53.
138 CPP, Article 100, §1. Dourneau-Josette (2016).
139 See 21.1.
140 CPP, Article 100-2. Judgement of the Criminal Chamber of the French Supreme Court of
10 May 2012, Appeal No 11-87.328, Bull. crim. No 116.
141 CPP, Articles 74 and 74-1.
142 CPP, Article 80-4.
143 CPP, Article 100-4, §2.
144 CPP, Article 230-45, §3.
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not cover the capture of speech or images,
137 operations for tracing mobile phones
covered by articles 230-32 et seq. CPP on geolocation, the identification of subscribers on a confidential list, or the consultation of detailed invoices.
Interceptions may only be made in cases of serious offences when the maximum
penalty is two years’ imprisonment or more.
138
Interceptions are possible in the context of an expedited or preliminary enquiry
relating to one of the offences listed under article 706-73 of the Code of Criminal
Procedure (especially offences relating to organized delinquency and crime) and
under article 706-73-1 of the Code of Criminal Procedure (fraud as part of an
organized ring, money laundering, etc.) Interception must be used exceptionally
only: it may be used “when the inquiry so requires”.
The examining magistrate ( juge d’instruction) and the magistrate ( juge des
libertés et de la détention (JLD)) alone are authorised to order such interceptions.
139
The public prosecutor may ask them of the magistrate (JLD). The decision is not of a
judicial character and is not subject to appeal.
For judicial investigations, the duration of these interceptions is 4 months, renewable under the same conditions as to form and duration.
140 Since the Act of 3 June
2016, the total duration of the interception cannot exceed one year, or two years for
offences under articles 706-73 and 706-73-1 of the Code of Criminal Procedure.
When the examining magistrate is tasked with an inquiry to determine the causes
of death or disappearance,
141 he or she may also order interceptions. These may not
then exceed three months, which may be renewed.
142
In the case of an expedited or preliminary inquiry, the magistrate (JLD) may
authorise them for a maximum duration of one month. The authorisation is renewable once, under the same conditions as to form and duration.
Special provisions are applicable to lawyers, members of the judiciary, journalists
and members of parliament.
Correspondence must be retained in full to safeguard the possibility of subsequent
adversarial examination.
Recordings are placed in bags under judicial seal,
143 other than for data stored by
the national platform for judicial interceptions (Plateforme nationale des interceptions judiciaires (PNIJ)).
144 Persons under investigation may request the
137 Dourneau-Josette (2016), No 53.
138 CPP, Article 100, §1. Dourneau-Josette (2016).
139 See 21.1.
140 CPP, Article 100-2. Judgement of the Criminal Chamber of the French Supreme Court of
10 May 2012, Appeal No 11-87.328, Bull. crim. No 116.
141 CPP, Articles 74 and 74-1.
142 CPP, Article 80-4.
143 CPP, Article 100-4, §2.
144 CPP, Article 230-45, §3.
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