French Code of Criminal Procedure
In forceAny person who has been the subject of a search or domiciliary visit pursuant to the provisions of this Code and who has not been prosecuted before an investigating or trial court at the earliest six months after this act has been carried out may, within a period of one year from the date on which he became aware of this measure, apply to the juge des libertés et de la détention (liberties and detention judge) for its annulment.
The application is made by declaration to the registry of the court where the proceedings were conducted or, failing this, the court within whose jurisdiction the measure was taken. In the latter case, it is forwarded without delay to the court that followed the proceedings. It has no suspensive effect on the ongoing investigation or enquiry.
The judge will rule within one month of receiving the request, after having heard the written observations of the public prosecutor, the applicant and, where applicable, his or her lawyer. If justified by the needs of the investigation, the public prosecutor may, by written request, ask the liberty and custody judge to give a ruling within eight days. The judge will make a reasoned decision that may be appealed within ten days of notification to the president of the investigating chamber.
If the search took place in the course of proceedings for which proceedings have been instituted against persons other than the person who lodged the application for annulment, the application is forwarded by the liberty and custody judge either to the president of the investigating chamber when an investigation is underway, or to the president of the trial court when the case is referred to it.
In the context of appeals examined in accordance with the third and penultimate paragraphs, the applicant may only claim to be provided with the documents of the proceedings relating to the search that he or she is contesting.
