Title XX: National automated genetic fingerprint database and central biological sample preservation service

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Article R53-18

French Code of Criminal ProcedureIn force
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Updated 6 Nov 2023

Personnel of the national forensic police service of the national police and those of the national gendarmerie, specially assigned to the service implementing the processing, and duly authorised, may alone, at the request of the judicial authority or judicial police officers, ensure that the file is fed, have access to the information recorded and carry out reconciliation operations.

Officers and agents of the judicial police and specialised agents, technicians or engineers of the technical and forensic police acting in application of the provisions of I of article 706-56 may only access the file directly to check whether it contains the civil status of a person likely to be the subject of a biological sample in application of these provisions. They may not access any other data.

Duly authorised staff assigned to the central department for the preservation of biological samples may directly access data recorded in the file, with the exception of data relating to analysis results. They may record information relating to seals.

Public prosecutors and investigating magistrates, judicial police officers, natural or legal persons approved in accordance with the aforementioned Decree No. 97-109 of 6 February 1997 who have carried out the analyses, and staff acting under their responsibility may carry out, by any secure means, including telematic, the operations of transmitting the information that must be recorded in the file to the service managing the file.

With a view to sending the genetic profiles, the natural or legal persons approved in accordance with the provisions of the aforementioned Decree no. 97-109 of 6 February 1997 who have carried out the analyses, and the staff acting under their responsibility, may access the related data recorded in the file and mentioned in I and 1° of II of Article R. 53-11, as well as, where applicable, the surname, first names, date and place of birth and parentage of the persons whose genetic fingerprints are supposed to have been collected. They may not access any other data.

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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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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