French Code of Criminal Procedure
In forceSearch of a lawyer's chambers or home may only be carried out by a magistrate and in the presence of the President of the Bar or his delegate, following a written, reasoned decision taken by the liberty and custody judge to whom the matter has been referred by that magistrate, which indicates the nature of the offence or offences being investigated, the reasons justifying the search, the purpose of the search and its proportionality with regard to the nature and seriousness of the facts. The content of this decision is brought to the attention of the President of the Bar or his delegate as soon as the search begins by the magistrate carrying out the search. Only the magistrate and the President of the Bar or his delegate have the right to consult or take cognisance of documents or objects found on the premises prior to their possible seizure. No documents or objects relating to offences other than those mentioned in the aforementioned decision may be seized. Where the search is justified by the lawyer being implicated, it may only be authorised if there are reasonable grounds for suspecting him of having committed or attempted to commit, as perpetrator or accomplice, the offence that is the subject of the proceedings or a related offence within the meaning of Article 203. The provisions of this paragraph are enacted under penalty of nullity.
The magistrate conducting the search shall ensure that the investigations conducted do not infringe the free exercise of the profession of lawyer and that no document relating to the exercise of the rights of the defence and covered by the professional secrecy of the defence and counsel, provided for in the article 66-5 de la loi n° 71-1130 du 31 décembre 1971 portant réforme de certaines professions judiciaires et juridiques, ne soit saisi et placé sous scellé.
The President of the Bar or his delegate may object to the seizure of a document or object if he considers that such seizure would be irregular. The document or object must then be placed under closed seal. These operations are recorded in a report mentioning the objections of the President of the Bar or his delegate, which is not attached to the case file. If other documents or objects have been seized during the search and no objections have been raised, the report shall be separate from that provided for in article 57. This report and the document or object placed under closed seal shall be sent without delay to the liberty and custody judge, together with the original or a copy of the case file.
Within five days of receipt of these documents, the liberty and custody judge shall rule on the challenge by reasoned order.
To this end, he hears the magistrate who carried out the search and, where applicable, the public prosecutor, as well as the lawyer at whose chambers or home it was carried out and the President of the Bar or his delegate. He may open the seal in the presence of these persons.
If he considers that there are no grounds for seizing the document or object, the liberty and custody judge orders its immediate return, as well as the destruction of the record of the operations and, where applicable, the cancellation of any reference to this document, its contents or this object that may appear in the record of the proceedings.
If not, he orders that the seal and the record be added to the record of the proceedings. This decision does not preclude the parties from subsequently requesting that the seizure be declared null and void before the trial court or the investigating chamber, as the case may be.
The decision of the liberty and custody judge may be appealed with suspensive effect within twenty-four hours by the public prosecutor, the lawyer or the President of the Bar or his delegate to the president of the investigating chamber. This appeal may also be lodged by the administration or the competent administrative authority.
The provisions of this article also apply to searches carried out on the premises of the Bar Association or the lawyers' financial settlement funds. In such cases, the powers conferred on the liberty and custody judge shall be exercised by the president of the judicial court, who must be notified of the search in advance. The same shall apply in the event of a search of the chambers or home of the President of the Bar.
The provisions of this article shall also apply to searches or home visits carried out, on the basis of other codes or special laws, in a lawyer's chambers or home or in the premises mentioned in the penultimate paragraph.
