The Code of Criminal Procedure has specific rules for developing automated files
and for placing people under electronic surveillance. Its scope has been gradually
extended and clarified.
152 Placement under electronic surveillance may be fixed
153 or
mobile.
154 Implementation of placement under electronic surveillance is approved by
the Justice Minister and must “ensure respect for the dignity, integrity and privacy of
the person”.
155 A memorandum (Circulaire interdirectionnelle) of 28 June 2013 from
the Justice Minister provides guidelines for placement under electronic surveillance.
156
The Code of Internal Security includes provisions about the electronic surveillance of persons for whom there are good grounds to believe that their behaviour is a
particularly serious threat to security and to law and order.
157 This is an alternative to
the person periodically reporting to the police introduced by the Act of 30 October
2017.
158 In this event, it is the Minister of the Interior who proposes the measures
after having informed the public prosecutor for Paris and the locally competent
public prosecutor. The person must necessarily give their written consent. Placement
under mobile electronic surveillance is decided on for the duration of the measure. It
may be ended at the request of the person concerned.
“The person concerned is subject for the duration of the placement to wearing a
technical device enabling the administrative authority at all times to ensure remotely
that they have not left the area defined under paragraph 1 of the same article
L. 228-2. The technical device cannot be used by the administrative authority to
locate the person unless they have left the area or in the event of malfunction of the
said technical device.” The arrangement is applicable until 31 December 2020.
The practical modalities are determined by a decree of the Conseil d’État.
159 The
administrative authority must ensure that the person has been informed about how
the device operates. The decision to place someone under mobile electronic surveillance must state the grounds for doing so.
The Act of 24 July 2015 on intelligence authorises correspondence to be
intercepted where of necessity for public interest.
160 A decree of 29 June 2018
authorises certain departments of the police force to intercept correspondence
exchanged over electronic communication networks to counter illegal
immigration.
161
152 CPP, Article 142-5 to Article 142-13; Article 723-7 to Article 723-13-1 and Article R 57-10 to
Article R 57-30-10.
153 CP, Article 132-26-1 to Article 132-26-3 and CP, Article 132-26 will apply as of 24 Mars 2020.
154 CP, Article 131-36-9 to Article 131-36-13.
155 CPP, Article 723-8, §2.
156 NOR: JUSD1317006C. This circular replaces the previous circular of December 23, 2005.
157 Code de la sécurité intérieure (CSI), Article L 228-3.
158 Act no 2017-1510 of 30 October 2017, JORF 31 October 2017.
159 Decree no 2018-167 of 7 March 2018, JORF 9 March 2018, text no 5.
160 CSI, Article L 801-1.
161 Decree no 2018-543 of 29 June 2018, JORF 30 June 2018, text no 2.
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and for placing people under electronic surveillance. Its scope has been gradually
extended and clarified.
152 Placement under electronic surveillance may be fixed
153 or
mobile.
154 Implementation of placement under electronic surveillance is approved by
the Justice Minister and must “ensure respect for the dignity, integrity and privacy of
the person”.
155 A memorandum (Circulaire interdirectionnelle) of 28 June 2013 from
the Justice Minister provides guidelines for placement under electronic surveillance.
156
The Code of Internal Security includes provisions about the electronic surveillance of persons for whom there are good grounds to believe that their behaviour is a
particularly serious threat to security and to law and order.
157 This is an alternative to
the person periodically reporting to the police introduced by the Act of 30 October
2017.
158 In this event, it is the Minister of the Interior who proposes the measures
after having informed the public prosecutor for Paris and the locally competent
public prosecutor. The person must necessarily give their written consent. Placement
under mobile electronic surveillance is decided on for the duration of the measure. It
may be ended at the request of the person concerned.
“The person concerned is subject for the duration of the placement to wearing a
technical device enabling the administrative authority at all times to ensure remotely
that they have not left the area defined under paragraph 1 of the same article
L. 228-2. The technical device cannot be used by the administrative authority to
locate the person unless they have left the area or in the event of malfunction of the
said technical device.” The arrangement is applicable until 31 December 2020.
The practical modalities are determined by a decree of the Conseil d’État.
159 The
administrative authority must ensure that the person has been informed about how
the device operates. The decision to place someone under mobile electronic surveillance must state the grounds for doing so.
The Act of 24 July 2015 on intelligence authorises correspondence to be
intercepted where of necessity for public interest.
160 A decree of 29 June 2018
authorises certain departments of the police force to intercept correspondence
exchanged over electronic communication networks to counter illegal
immigration.
161
152 CPP, Article 142-5 to Article 142-13; Article 723-7 to Article 723-13-1 and Article R 57-10 to
Article R 57-30-10.
153 CP, Article 132-26-1 to Article 132-26-3 and CP, Article 132-26 will apply as of 24 Mars 2020.
154 CP, Article 131-36-9 to Article 131-36-13.
155 CPP, Article 723-8, §2.
156 NOR: JUSD1317006C. This circular replaces the previous circular of December 23, 2005.
157 Code de la sécurité intérieure (CSI), Article L 228-3.
158 Act no 2017-1510 of 30 October 2017, JORF 31 October 2017.
159 Decree no 2018-167 of 7 March 2018, JORF 9 March 2018, text no 5.
160 CSI, Article L 801-1.
161 Decree no 2018-543 of 29 June 2018, JORF 30 June 2018, text no 2.
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