Article 706-73

This article is a reminder of the importance of adversarial proceedings and the rights of the defense, as expressed by the Criminal Division of the French Supreme Court in its ruling of June 7, crim. In the course of a preliminary investigation into drug trafficking, an individual was referred to a Magistrates' Court and then convicted on appeal of aggravated violence, article 706-73, drug offences, possession of goods dangerous to health without justification, repeat offences, refusal to article 706-73 and hit-and-run.

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Article 706-73

He is the only person, together with those persons mentioned under article 57 and any persons upon whom he calls pursuant to article 60, to be allowed to examine the papers or documents electronic data before proceeding to seize them. However, he has the duty first to initiate any step appropriate to ensure the observance of professional secrecy and of the defendant's rights. Any article or document seized is immediately entered on an inventory and placed under official seals. However, if it is difficult to make such an inventory on the spot, they are put under temporary closed official seals until such time as an inventory can be taken and they can be placed under final official seals. This is done in the presence of the persons who have witnessed the search pursuant to the conditions set out by article The seizure of any electronic data necessary for the discovery of the truth is carried out by placing in the hands of justice, either the physical medium holding this data or a copy of the data made in the presence of those persons present at the seizure. If a copy is made, then on the orders of the district prosecutor, any electronic data the possession or use of which is illegal or dangerous to the safety of persons or property may be permanently erased from any physical medium that has not been placed in judicial safekeeping. With the agreement of the district prosecutor, the judicial police officer only allows the seizure of articles, documents or electronic data useful for the discovery of the truth. Where the seizure involves money, ingots, property or securities, the preservation of which in their original form is not necessary for the discovery of the truth, the district prosecutor may authorise their deposit in the Deposit and Consignment Office or at the Bank of France. Where the seizure involves forged euro bank notes or coins, the judicial police officer must send at least one example of each type of note or coin suspected of being false to the national laboratory authorised for this task, for analysis and identification,. The national laboratory may open the official seals. It draws up an inventory in a report which must mention any opening or re-opening of the seals. When these operations are completed, the report and the sealed objects are put into the hands of the clerk of the appropriate court. This transfer is recorded in an official report. The provisions of the previous paragraph do not apply where only one example of a particular type of suspect banknote or coin exists and it is needed for the discovery of the truth.

His decision does not preclude the parties asking the seizure to be nullified by, as appropriate, the trial court or the investigating chamber. The provisions of the present article are also applicable to searches carried out in the offices of the Bar Association or the offices article 706-73 the payment of advocates, article 706-73. Done at Brussels, 12 March

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If a witness is not testifying as an expert, testimony in the form of an opinion is limited to one that is:. A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if the proponent demonstrates to the court that it is more likely than not that:. An expert may base an opinion on facts or data in the case that the expert has been made aware of or personally observed. If experts in the particular field would reasonably rely on those kinds of facts or data in forming an opinion on the subject, they need not be admissible for the opinion to be admitted. But if the facts or data would otherwise be inadmissible, the proponent of the opinion may disclose them to the jury only if their probative value in helping the jury evaluate the opinion substantially outweighs their prejudicial effect. An opinion is not objectionable just because it embraces an ultimate issue. In a criminal case, an expert witness must not state an opinion about whether the defendant did or did not have a mental state or condition that constitutes an element of the crime charged or of a defense. Those matters are for the trier of fact alone.

Article 706-73

The emergence of energy storage systems ESSs , due to production from alternative energies such as wind and solar installations, has driven the need for installation requirements within the National Electrical Code NEC for the safe installation of these energy storage systems. This information is important to both the installer and the inspector for electrically safe systems to be installed. This helps to ensure that the occupants of structures, as well as the structures themselves, remain safe. Twelve standards were referenced in the development of Article These standards are included in the informational note located after the Scope at The developing DC Task Group also had to consider existing text concerning energy storage in Articles, such as Articles , , , and , and how those Articles correlate with this new Article To begin with, it is important to understand what Article applies to and what it does not apply to. The scope of Article informs Code users that this information applies to all permanently installed energy storage systems.

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Article 97 Where in the course of an investigation there is a need to search for documents or electronic data, and subject to the requirements of the investigation and compliance, where necessary, with the obligation imposed by the third paragraph of the previous article, the investigating judge or the judicial police officer commissioned by him has the sole right to examine such documents before carrying out the seizure. Any article or document seized is immediately entered on an inventory and placed under official seals. The person found as a result of this warrant is placed in custody by the judicial police officer at the place where he was found, who may question him, without prejudice to the application of article 43 and the ability of the investigators already seised of the facts to come to the scene in order to conduct this hearing themselves, after being granted, if necessary, an extension of jurisdiction in accordance with article Article This decision is taken for a maximum duration of four months. On the instructions of the district prosecutor, a judicial police officer discloses the findings of the technical and scientific examinations to those persons against whom matters exist giving rise to the suspicion that they have committed or have attempted to commit offences, and also to the victims. Skip to main content. A decree of the Conseil d'Etat determines the mode of enforcement of the present article. Article The recordings are destroyed on the request of the district prosecutor or of the public prosecutor upon the expiry of the limitation period for prosecution. This Regulation shall be binding in its entirety and directly applicable in all Member States. If these official seals are closed, they may be opened and the documents examined only in the presence of the person under judicial examination in the presence of his advocate, or where the latter has been duly summoned. You can use the unsubscribe link integrated to the newsletter at any time. This decision is reasoned with reference to the legal and factual matters which justify the necessity for these measures. Use a question mark? This official record and the document placed under seal are transmitted to the liberty and custody judge with the original or a copy of the file. This article is a reminder of the importance of adversarial proceedings and the rights of the defense, as expressed by the Criminal Division of the French Supreme Court in its ruling of June 7, crim.

Powerful terrorist organizations have hit French territory over the years, including international terrorism groups, ideological extreme left groups, and separatist movements. The legal response — as it has evolved in practice since the late s — has been mainly shaped by the threat of international terrorism. The drafting of specific legislation — conceived as a structured and coherent corpus of rules — has been particularly relevant in the organization of an anti-terrorism regime.

The requirements of the preceding paragraph do not apply in cases where there is only one suspected fake coin or note, and this is needed to establish the truth. The consent is then given by the liberty and custody judge. The provisions set out in articles 56 and 59 first paragraph are applicable. Whereas, however, sums charged in these islands for customs duties, charges, levies or other amounts are not part of the Community budget ; whereas Community financing of the common agricultural policy is therefore not applicable ; whereas rules to promote exports should not be applied, the amounts granted by the Community serving only as a ceiling for the aid which can be granted by the islands;. The judge or prosecutor and the president or his delegate are the only ones who have the right to be informed about documents discovered during a search with a view to their possible seizure. Homepage Insights Criminal procedure: the need to justify the respondent's The provisions of the present article are also applicable to searches carried out in the offices of the Bar Association or the offices for the payment of advocates. Official Journal. Article 99 During the investigation, the investigating judge is competent to decide on the restitution of articles placed under judicial authority. The district prosecutor may also seise the liberty and custody judge of the district court where the search is to take place, through the intermediary of the district prosecutor of this court. This is recorded in an official record indicating the objections of the chairman or his delegate, which is not entered as part of the procedural file. As far as aids other than those referred to in Article 1 are concerned, the provisions of Article 93 1 and the first sentence of Article 93 3 of the treaty establishing the European Economic Community shall apply. It is communicated to the public prosecutor, the parties concerned and, if their identity is known, the owner as well as the third parties who have rights over this property, who can transfer the matter to the investigating chamber under the conditions provided for in the fifth and sixth paragraphs of article These operations are carried out under the supervision of the judge who authorised them, and who may visit the scene to ensure that the legal requirements are respected.