Section 2: Informing the person entered in the file

Articles in this section · 5

R50-38R50-39R50-40R50-41R50-42

Article R50-38

French Code of Criminal ProcedureIn force
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Updated 6 Nov 2023

Informing convicted persons is carried out in accordance with the provisions of this article.

When the person is present at the hearing, the information relating to his registration in the file and the notification of his obligations, shall be made by the president of the court or the clerk or registry agent designated by him. However, the person shall not be notified of his obligations at the hearing if he is placed or kept in detention pursuant to the conviction justifying his inclusion in the file.

Failing this, notification is made by the public prosecutor, or by an agent placed under his authority or a delegate of the public prosecutor designated by him, by registered letter with acknowledgement of receipt. If it appears that the person's address is unknown, the public prosecutor shall have the person entered in the wanted persons file.

When it results from consultation of the file carried out by the registrar authorised by the head of the prison in accordance with 4° of article 706-25-9, that the person incarcerated has not been the subject of the information referred to in Article 706-25-8, this information is given to him by the prison registry, on the instructions of the public prosecutor, either at the time of his final release or prior to the first sentence adjustment measure resulting in his leaving the prison, other than a temporary leave, if he is serving a custodial sentence pursuant to the conviction that led to his registration in the file, or immediately, if he is detained for another reason.

In all cases, he/she will be given a receipt or sent a document summarising his/her obligations and specifying the conditions under which they must be met in accordance with the provisions of section 3. This document informs the person entered in the file that the State administrations mentioned in article R. 50-52 may directly query the file pursuant to 3° of article 706-25-9. The model for this document is drawn up by the Minister of Justice.

If the person is a protected adult, the Public Prosecutor shall notify his or her legal representative of the notification made pursuant to this article.

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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