French Code of Criminal Procedure
In forceSearches, home visits and seizures of exhibits or property whose confiscation is provided for in article 131-21 of the Penal Code may not be carried out without the express consent of the person at whose premises the operation is taking place.
This assent must be the subject of a written declaration by the person concerned or, if the latter is unable to write, a mention of this must be made in the record along with his or her assent.
The provisions set out in Articles 56 and 59 of this code are applicable.
If the requirements of the investigation into a felony or misdemeanour punishable by a prison sentence of three years or more so require, or if the search for property the confiscation of which is provided for in Article 131-21 of the Penal Code so warrants, the liberty and custody judge of the judicial court may, at the request of the public prosecutor, decide, by a written and reasoned decision, that the operations provided for in this article shall be carried out without the consent of the person at whose premises they take place. On pain of nullity, the decision of the liberty and custody judge shall specify the description of the offence for which proof is sought and the address of the premises in which these operations may be carried out; this decision shall be substantiated by reference to the factual and legal elements justifying that these operations are necessary. The operations are carried out under the supervision of the magistrate who authorised them, who may visit the premises to ensure compliance with the legal provisions. These operations may not, on pain of nullity, have any purpose other than the investigation and establishment of the offences referred to in the decision of the liberty and custody judge or the seizure of property the confiscation of which is provided for in article 131-21 of the Criminal Code. However, the fact that these operations reveal offences other than those referred to in the decision does not constitute grounds for invalidity of the incidental proceedings.
For the application of the provisions of the previous paragraph, the liberty and custody judge of the judicial court of which the public prosecutor is leading the investigation has jurisdiction, regardless of the court within whose jurisdiction the search is to take place. The liberty and custody judge may then visit the premises, regardless of where in France they are located. The public prosecutor may also refer the matter to the liberty and custody judge of the judicial court within whose jurisdiction the search is to take place, through the public prosecutor of that court.
