French Code of Criminal Procedure
In forceI. - Where, by virtue of the provisions of the present code, notification to a lawyer is to be made by registered letter or by registered letter with acknowledgement of receipt, notification may also be made in the form of a fax with acknowledgement of receipt or by a consignment sent by a means of telecommunication to the lawyer's electronic address and of which a written record is kept.
II. - Where this Code provides that notices, summonses or documents are to be sent to a person by the judicial authority by any means, by ordinary letter, by registered letter or by registered letter with acknowledgement of receipt, they may be sent by electronic means, provided that the person has previously agreed to this by an express statement obtained during the proceedings. This agreement shall specify the electronic communication method accepted by the person. A written record of this communication shall be kept in the file.
Where provision is made for such communications to be sent by registered letter, the technical procedures used must enable the date of dispatch to be established with certainty. Where provision is made for these items to be sent by registered letter with acknowledgement of receipt, the technical processes used must also make it possible to establish the date of receipt by the addressee.
Where documents are sent, these processes must, in accordance with the procedures laid down by order of the Minister of Justice, guarantee the reliability of the identification of the parties to the electronic communication, the integrity of the documents sent, the security and confidentiality of the exchanges and the preservation of the transmissions made.
This II shall also apply, in accordance with the procedures specified by regulation, where this Code requires service by a bailiff on the public prosecutor, civil parties, experts and witnesses and, where these persons are not in custody, on accused or convicted persons.
