Chapter I: Flagrant crimes and offences

If the nature of the crime is such that proof can be obtained by seizing papers, documents, computer data or other objects in the possession of persons who appear to have taken part in the crime or to hold documents, information or objects relating to the incriminated acts, the judicial police officer shall go without delay to the home of the latter to carry out a search, for which he shall draw up a report. The criminal investigation police officer may also go to any place where property is likely to be found that is subject to confiscation under Article 131-21 of the Criminal Code, in order to carry out a search with a view to seizing such property; if the search is carried out for the sole purpose of searching for and seizing property for which confiscation is provided for in the fifth and sixth paragraphs of the same article, it must be authorised in advance by the Public Prosecutor. Where the investigation relates to violent offences, the judicial police officer may, of his own motion or on the instructions of the public prosecutor, seize weapons that are held by the suspected person or of which the latter has free disposal, regardless of where these weapons are located.

He alone, together with the persons designated in Article 57 of this Code, the officials and agents acting under the conditions provided for in the third paragraph of Article 28 and those to whom he may have recourse pursuant to Article 60, the right to inspect papers, documents or computer data before seizing them.

However, without prejudice to the application of articles 56-1 to 56-5, it is obliged to take all appropriate measures in advance to ensure that professional secrecy and the rights of the defence are respected.

All objects and documents seized are immediately inventoried and placed under seal. However, if their inventory on the spot presents difficulties, they shall be subject to provisional closed seals until the time of their inventory and final sealing, and this in the presence of the persons who witnessed the search in accordance with the procedures laid down in Article 57.

The seizure of computer data necessary to establish the truth shall be carried out by placing either the physical medium of such data or a copy made in the presence of the persons who witnessed the search under legal custody.

If a copy is made, on the instructions of the public prosecutor, the computer data whose possession or use is illegal or dangerous to the safety of persons or property may be permanently erased from the physical medium that has not been placed in the custody of the court.

With the agreement of the public prosecutor, the judicial police officer shall only maintain the seizure of objects, documents and computer data useful in establishing the truth, as well as property whose confiscation is provided for in Article 131-21 of the Criminal Code.

The Public Prosecutor may also, when the seizure involves cash, ingots, effects or values whose conservation in kind is not necessary for the demonstration of the truth or the safeguarding of the rights of the persons concerned, authorise their deposit with the Caisse des dépôts et consignations or the Banque de France or in an account opened with a banking institution by the Agency for the Management and Recovery of Seized and Confiscated Assets.

When the seizure involves counterfeit euro-denominated banknotes or coins, the judicial police officer must send at least one copy of each type of suspected counterfeit banknote or coin to the national analysis centre authorised for this purpose, for analysis and identification. The national analysis centre may open the seals. It draws up an inventory in a report which must mention any opening or re-opening of the seals. Once the operations have been completed, the report and the seals are deposited with the clerk of the competent court. This deposit is recorded in a report.

The provisions of the previous paragraph are not applicable when there is only one copy of a type of banknote or coin suspected of being counterfeit, as long as it is necessary to establish the truth.

If they are likely to be able to provide information on the objects, documents and computer data seized, the persons present during the search may be detained on the premises by the judicial police officer for the time strictly necessary to carry out these operations.