French Code of Criminal Procedure
In forceWhen it is necessary, during the course of an investigation, to search for documents or computer data and subject to the requirements of the investigation and compliance, where applicable, with the obligation stipulated by paragraph 3 of the preceding article, the investigating judge or the judicial police officer assigned by him or her alone has the right to take cognisance of them before proceeding with the seizure.
All objects, documents or computer data placed in the hands of the court are immediately inventoried and placed under seal. However, if their inventory on the spot presents difficulties, the judicial police officer shall proceed as stated in the fourth paragraph of Article 56.
The computer data necessary to establish the truth shall be seized by placing either the physical medium of the data or a copy made in the presence of the persons attending the search in the hands of the court.
If a copy is made as part of this procedure, the computer data whose possession or use is illegal or dangerous to the safety of persons or property may be permanently erased from the physical medium that has not been placed in the hands of the court, by order of the investigating judge.
With the agreement of the investigating judge, the judicial police officer shall only maintain the seizure of objects, documents and computer data useful in establishing the truth, as well as property whose confiscation is provided for in article 131-21 of the Criminal Code.
When these seals are closed, they may only be opened and the documents examined in the presence of the person under investigation, assisted by their lawyer, or them duly summoned. However, when the opening and reconstitution of the closed seal does not require the person under investigation to be questioned about its contents, they may be carried out by the investigating judge assisted by his clerk outside the presence of the person under investigation, in the presence of his lawyer or his lawyer duly summoned.
If the requirements of the investigation do not prevent it, copies or photocopies of documents or computer data placed in legal custody may be issued at their own expense, as quickly as possible, to the interested parties who so request.
If the seizure involves cash, ingots, effects or securities, the preservation of which in kind is not necessary to establish the truth or safeguard the rights of the parties, it may authorise their deposit at the Caisse des dépôts et consignations or the Banque de France or in an account opened with a banking institution by the Agency for the Management and Recovery of Seized and Confiscated Assets.
When the seizure involves counterfeit euro-denominated banknotes or coins, the examining magistrate or the judicial police officer assigned by him must send at least one copy of each type of suspected counterfeit banknote or coin to the national analysis centre authorised for this purpose, for analysis and identification. The national analysis centre may open the seals. It draws up an inventory in a report which must mention any opening or re-opening of the seals. When the operations are completed, the report and the seals are deposited with the clerk of the competent court. This deposit shall be recorded in a report.
The provisions of the previous paragraph shall not apply where there is only one copy of a type of banknote or coin suspected of being counterfeit, for as long as it is necessary to establish the truth.
