French Code of Criminal Procedure
In forceThe register of personal data collected as part of judicial proceedings, kept by the criminal records department under the authority of the Minister of Justice and placed under the control of a magistrate, is intended to facilitate and make reliable knowledge of the personality and assessment of the dangerousness of persons prosecuted or convicted for one of the offences for which socio-judicial supervision is incurred, and to prevent the repetition of these offences.
The directory centralises all psychiatric, medico-psychological, psychological and multidisciplinary expert assessments, evaluations and examinations of the persons mentioned in the first paragraph that have been carried out:
1° During the investigation;
2° During the investigation;
3° On the occasion of the judgment;
4° During the execution of the sentence;
5° Prior to the pronouncement or during the course of a security surveillance or retention measure;
6° Pursuant to the articles 706-136 or 706-137 ;
7° During the course of a psychiatric care measure ordered pursuant to article 706-135 of this code or article L. 3213-7 of the Public Health Code.
In the event of a decision to discontinue proceedings, except in cases where this decision is based on the first paragraph of Article 122-1 of the Criminal Code, or a final decision to dismiss, discharge or acquit, the data concerning the person prosecuted shall be deleted immediately.
The retention of data concerning persons prosecuted or convicted for one of the offences for which socio-judicial supervision is incurred may not exceed a period of thirty years.
The information contained in the directory is directly accessible, via a secure telecommunications system, to the judicial authorities only.
Members of the multidisciplinary commission on security measures, experts and persons entrusted by the judicial authority or the prison administration with a multidisciplinary assessment of dangerousness may also be recipients, via the judicial authority and for the performance of their duties, of the information contained in the directory.
The terms and conditions for the operation of the register are determined by decree in the Council of State issued after consultation with the Commission nationale de l'informatique et des libertés.
This decree specifies the conditions under which the register keeps a record of the queries and consultations to which it has been subjected, as well as the period for which the data entered is kept and the terms for its deletion.
