French Code of Criminal Procedure
In forceI.-Category A and B environmental inspectors competent to investigate and record environmental offences pursuant to Article L. 172-1 of the Environment Code assigned to the French Biodiversity Office, specially designated by joint order of the Minister of Justice and the Minister for the Environment, taken after the assent of a commission whose composition and operation are determined by decree in the Council of State, have, the same prerogatives and obligations as those attributed to officers of the judicial police, including when these prerogatives and obligations are entrusted to specially designated police or gendarmerie services or units.
For the offences set out in article L. 415-6 and in VII of article L. 541-46 of the same code, these inspectors are only competent when they are involved in the same investigation with officers and agents of the judicial police or customs officers mentioned in article 28-1 of this code.
To carry out the duties set out in this article, they have jurisdiction throughout France.
They are authorised to declare the address of their administrative residence as their domicile.
II.-Environmental inspectors appointed under the conditions provided for in I shall be personally empowered by virtue of a decision of the public prosecutor.
The authorisation decision is taken by the public prosecutor at the court of appeal of their administrative residence. It is granted, suspended or withdrawn under conditions laid down by decree in the Conseil d'Etat.
In the month following notification of the decision to suspend or withdraw authorisation, the environmental inspector concerned may ask the public prosecutor to withdraw the decision. The Attorney General must take a decision within one month. Failing this, his silence will be deemed to constitute rejection of the request. Within one month of the rejection of the request, the environmental inspector concerned may lodge an appeal with the commission provided for in Article 16-2. The procedure applicable before this commission is that set out in Article 16-3.
III.-The environmental inspectors authorised under the conditions set out in II of this article are placed exclusively under the direction of the public prosecutor, under the supervision of the public prosecutor and under the control of the investigating chamber of the location of their office under the conditions set out in articles 224 to 230.
IV.-Environmental inspectors authorised under the conditions provided for in II of this article may not, on pain of nullity, exercise any powers or perform any acts other than those provided for by this code in relation to matters referred to them by the public prosecutor or any other judicial authority.
