Section 1: Processing of criminal records

Articles in this section · 14

R40-23R40-24R40-25R40-26R40-27R40-28R40-29R40-29-1R40-30R40-31R40-31-1R40-32R40-33R40-34

Article R40-27

French Code of Criminal ProcedureIn force
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Updated 6 Nov 2023

I. - Data concerning an accused person of full age shall be kept for twenty years.

By way of derogation, it shall be kept:

- five years when the person is accused of one of the offences provided for in the Highway Code or in the articles 221-6,221-6-1,222-19,222-19-1,222-20-1,225-10-1,227-3 à 227-11,311-3,314-5,314-6,431-1,431-4and 434-10 of the Penal Code and L. 3421-1 of the Public Health Code, as well as for the contraventions listed in article R. 40-25;

- forty years when the person is indicted for one of the offences listed in Table 1 below.

II. - If the person is implicated for one or more new offences before the expiry of one of the retention periods for the initial data, the longest remaining retention period shall apply to the data concerning all the offences for which the person has been implicated.

III. - Personal data concerning victims shall be kept for a maximum of fifteen years.

IV. - Personal data concerning the persons referred to in 3° of Article R. 40-25 are deleted when the investigation has made it possible to find the missing person or to rule out any suspicion of a crime or offence.

Table 1. - List of offences allowing data on adult defendants to be retained for forty years

Infringement against persons:

- administration of harmful substances;

- hijacking of means of transport;

- poisoning;

- kidnapping, confinement, hostage-taking;

- exploitation of aggravated or gang begging;

- crime against humanity, genocide;

- murder, assassination;

- death threat, threat of destruction, damage or deterioration dangerous to persons;

- torture, act of barbarism ;

- deliberate violence resulting in death;

- deliberate violence resulting in mutilation or permanent disability;

- theft with violence;

- sexual assault ;

- sexual offence against a minor aged under fifteen, aggravated sexual offence against a minor aged over fifteen;

- corruption of a minor;

- procuring;

- rape;

- drug trafficking;

- trafficking in human beings.

Offences against property:

- aggravated breach of trust;

- destruction, damage and deterioration of property belonging to others by the effect of an explosive substance,
fire or any other means likely to create a danger to persons;

- aggravated fraud;

- extortion;

- organised gang theft;

- theft with a weapon;

- money laundering ;

- counterfeiting, falsification of currency and means of payment;

- forgery in public writings;

- misuse of corporate assets;

- insider trading;

- breach of automated data processing systems.

Offences against the public peace:

- act of terrorism;

- criminal conspiracy;

- escape;

- breach of the weapons and ammunition regime with the exception of carrying or transporting a category D weapon;

- undermining the fundamental interests of the Nation;

- receiving stolen goods;

- breach of secrecy (professional, trade).

Table 2. - List of offences allowing ten years to be retained
data on underage defendants

Offences against persons:

- aggravated exploitation of begging or in an organised gang;

- robbery with violence;

- aggravated deliberate violence other than those provided for in Table 3;

- illicit transport, possession, supply, transfer, acquisition or use of drugs;

- trafficking in human beings other than that provided for in Table 3;

- sexual exhibition.

Offences against property:

- destruction, damage and deterioration of property belonging to others through the effect of an explosive substance,
fire or any other means likely to create a danger for people;

- extortion;

- attacking automated data processing systems;

- money laundering;

- counterfeiting, falsification of currency or means of payment.

Offences against the public peace:

Recruitment of criminals.

Table 3. - List of offences allowing data on underage defendants to be retained for twenty years

Offences against the person:

- administration of harmful substances;

- hijacking of means of transport;

- poisoning;

- kidnapping, false imprisonment, hostage-taking ;

- crime against humanity, genocide;

- murder, assassination;

- torture, act of barbarism;

- deliberate violence resulting in death ;

- deliberate violence resulting in permanent mutilation or disability;

- aggravated robbery;

- sexual assault;

- procuring ;

- rape;

- drug trafficking other than those referred to in Table 2;

- trafficking in human beings in an organised gang or with torture and acts of barbarism.

Offences against property:

- organised gang theft;

- theft with a weapon.

Offences against the public peace:

- act of terrorism;

- criminal association;

- attack on the fundamental interests of the Nation.

Mariela Petrova

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Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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