French Code of Criminal Procedure
In forceThe judge conducting the search shall ensure that the investigations carried out do not undermine the independence of the judiciary.
The First President or his delegate may object to the seizure of a document or object if he considers the seizure to be irregular. The document or object is then placed under seal. These operations are the subject of a report, which is not attached to the case file, mentioning the objections of the first president or his delegate.
If other documents or objects have been seized during the search without raising any objections, this report shall be separate from that provided for in Article 57. The report referred to in the third paragraph of this article and the document or object placed under 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 objection in a reasoned order that is not subject to appeal.
To this end, the judge hears the magistrate who carried out the search and, where applicable, the public prosecutor, as well as the first president or his delegate. It shall open the seal in the presence of these persons.
If he considers that there is no reason to seize the document or object, the liberty and custody judge shall order its immediate return, as well as the destruction of the record referred to in the same third paragraph and, where applicable, the deletion of any reference to this document or its content or to this object appearing in the record of the proceedings.
If this is not the case, he shall order that the seal and the report 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.
