French Code of Criminal Procedure
In forceWith a view to setting up the technical device referred to in Article 706-102-1, the liberty and custody judge, at the request of the public prosecutor, or the investigating judge may authorise entry into a vehicle or private place, including outside the hours provided for in article 59, without the knowledge or consent of the owner or possessor of the vehicle or the occupier of the premises or any person holding a right over it. If the premises are a dwelling and the operation is to take place outside the hours specified in article 59, this authorisation shall be issued by the juge des libertés et de la détention (liberty and custody judge) to whom the matter has been referred by the public prosecutor or by the investigating judge. These operations, which may have no other purpose than the installation of the technical device, are carried out under the authority and control of the liberty and custody judge or the investigating judge. This paragraph shall also apply to operations whose purpose is the de-installation of the technical device that has been set up.
With a view to setting up the technical device referred to in Article 706-102-1, the liberty and custody judge, at the request of the public prosecutor, or the investigating judge may also authorise the transmission of this device via an electronic communications network. These operations are carried out under the authority and control of the liberty and custody judge or the investigating judge. This paragraph shall also apply to operations whose purpose is the de-installation of the technical device that has been put in place.
The installation of the technical device referred to in Article 706-102-1 may not concern automated data processing systems located in the places referred to in Articles 56-1,56-2,56-3 and 56-5 nor be carried out in the vehicle, office or home of the persons referred to in Article 100-7.
