French Code of Criminal Procedure
In forceI.-At the written request of the public prosecutor, in the places and for the period of time that this magistrate determines and which may not exceed twenty-four hours, renewable by express decision and with reasons in accordance with the same procedure, officers of the judicial police and, on their orders and under their responsibility, the judicial police officers and deputy judicial police officers mentioned in 1°, 1° bis and 1° ter of Article 21 of this Code, may carry out the identity checks provided for in the seventh paragraph of Article 78-2, for the purposes of investigating and prosecuting the following offences:
1° Acts of terrorism mentioned in articles 421-1 to 421-6 of the Criminal Code;
2° Offences relating to the proliferation of weapons of mass destruction and their means of delivery mentioned in 1° and 2° of I of Article L. 1333-9, à l'article L. 1333-11, in II of articles L. 1333-13-3 and L. 1333-13-4 and in articles L. 1333-13-5, L. 2339-14, L. 2339-15, L. 2341-1, L. 2341-2, L. 2341-4, L. 2342-59 et L. 2342-60 of the Defence Code;
3° Weapons offences mentioned in the Article 222-54 of the Penal Code and in the article L. 317-8 of the Internal Security Code;
4° Offences relating to explosives mentioned in the Article 322-11-1 of the Criminal Code and in the article L. 2353-4 of the Defence Code ;
5° Theft offences mentioned in articles 311-3 to 311-11 of the Criminal Code;
6° Offences of concealment mentioned in articles 321-1 and 321-2 of the same code;
7° Drug trafficking offences referred to in articles 222-34 à 222-38 dudit code.
II.-Under the same conditions and for the same offences as those set out in I, judicial police officers, assisted, where appropriate, by the judicial police officers and deputy judicial police officers mentioned in 1°, 1° bis and 1° ter of article 21 of the present code may inspect vehicles travelling, stopped or parked on the public highway or in places accessible to the public.
Vehicles in circulation may only be immobilised for the time strictly necessary for the inspection to take place, which must take place in the presence of the driver. When a vehicle is stationary or parked, the inspection shall take place in the presence of the driver or owner of the vehicle or, failing this, of a person requested for this purpose by the officer or agent of the judicial police and who does not come under his administrative authority. However, the presence of an external person is not required if the visit involves serious risks for the safety of people and property.
If an offence is discovered or if the driver or owner of the vehicle so requests, as well as if the visit takes place in their absence, a report is drawn up mentioning the place and the dates and times of the start and end of these operations. A copy is given to the person concerned and another copy is immediately forwarded to the public prosecutor.
However, vehicles specially fitted out for residential use and actually used as a residence may only be inspected in accordance with the provisions relating to house searches.
III.Under the same conditions and for the same offences as those set out in I, judicial police officers, assisted, where appropriate, by the judicial police officers and deputy judicial police officers mentioned in 1°, 1° bis and 1° ter of Article 21 of this code may visually inspect baggage or search it.
The owners of the baggage may only be detained for the time strictly necessary for the visual inspection or search of the baggage, which must take place in the presence of the owner.
If an offence is discovered or if the owner of the baggage so requests, a report shall be drawn up mentioning the place and the dates and times when these operations began and ended. A copy will be given to the person concerned and another copy will be forwarded without delay to the public prosecutor.
III bis.Under the same conditions and for the same offences as those set out in I, criminal investigation police officers, assisted, where appropriate, by the criminal investigation police officers and deputy criminal investigation police officers referred to in 1°, 1° bis and 1° ter of Article 21, may board and carry out an inspection of vessels present in the territorial sea, heading for or having declared their intention to head for a port or inland waters, or present upstream of the transverse sea limit, as well as boats, floating craft, floating establishments and floating equipment present in the territorial sea or upstream of the transverse sea limit, as well as on lakes and bodies of water.
The visit takes place in the presence of the captain or his representative. The master is deemed to be the person who has, de jure or de facto, command, control or custody of the ship, boat, floating craft, floating establishment or floating equipment at the time of the survey.
The survey includes an inspection of the exterior of the ship, boat, floating craft, floating establishment or floating equipment.
The survey includes an inspection of the exteriors as well as the holds, bunkers and premises.
Premises specially fitted out for habitation and actually used as a residence may only be inspected in accordance with the provisions relating to house searches and visits.
The ship, boat, ship's dinghy or other vessel may be inspected in accordance with the provisions relating to house searches and visits.
The vessel, boat, floating craft, floating establishment or floating equipment may only be immobilised for the time strictly necessary to carry out the visit, up to a maximum of twelve hours.
The judicial police officer responsible for the visit must be able to carry out the search in accordance with the provisions relating to house searches.
The judicial police officer in charge of the visit will report to the public prosecutor on the conduct of the operations and will inform him without delay of any offence found.
IV.-The fact that these operations reveal offences other than those referred to in the public prosecutor's requisitions does not constitute grounds for invalidity of the incidental proceedings.
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