Article 706-73

OJ L 68, In force: This act has been changed.

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.

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, drug offences, possession of goods dangerous to health without justification, repeat offences, refusal to comply and hit-and-run. It is true that during the search of a box made available to the accused, the investigators found large quantities of narcotics. The Examining Magistrate's Chamber dismissed the application for a declaration of nullity on the grounds that the search authorisation given by the Public Prosecutor "necessarily falls within the scope of the provisions of article of the Code of Procedure". It considered that the nullity raised was perfectly well founded, that the use of a search in the absence of the accused was irregular because it was not justified and, drawing the consequences of its position, annulled the conviction for drug trafficking and possession of dangerous goods, the sentences handed down in this respect and the customs fine. In its ruling, the Criminal Division began by pointing out that, while the provisions of article of the Code of Criminal Procedure do provide for a search to be carried out in the absence of the person concerned, this is first and foremost a derogation from the principle set out in article 57 of the Code, which states that:. If this is not possible, the judicial police officer will be obliged to invite the person to appoint a representative of his or her choice; failing this, the judicial police officer will choose two witnesses requested for this purpose by him or her, other than persons under his or her administrative authority". In , with Act no. However, the use of this article is limited solely to situations in which the transport of the person in question must be avoided because of the "serious risk" of disturbing the peace, escape or disappearance of evidence. In other words, reasons must be given for using this option, either by the magistrate authorising it or by the investigator requesting it, with a reference to the "circumstances likely to justify the use of these exceptional arrangements".

Any proceeds generated by the sale of the animal are deposited for a period of five years.

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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.

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

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Done at Brussels, 12 March Any proceeds generated by the sale of the animal are deposited for a period of five years. Article The investigating judge or the judicial police officer appointed by him may require any qualified agent of a service or institution placed under the authority or supervision of the Minister in charge of telecommunications, or any qualified agent of a network operator or authorised purveyor of telecommunication services to set up an interception device. Subsection 2 Interception of correspondence by telecommunications Articles to Article For the investigation of felonies and misdemeanours, if the penalty incurred is equal to or in excess of two years' imprisonment, the investigating judge may order the interception, recording and transcription of telecommunication correspondence where the requirements of the investigation call for it. Unless the requirements of the investigation prevent it, a copy or photocopy of the documents or electronic data placed under judicial safekeeping may be delivered as soon as possible to any persons concerned who request it at their own expense. Whereas steps should be taken to prevent products originating in these islands being exported to third countries by a Member State with a view to benefiting from the refund financed from the Community's budget;. The investigating judge must comply with the provisions of articles 57 second paragraph and Article 95 If the search is made in the domicile of the person under judicial examination, the investigating judge must comply with the provisions of articles 57 and 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. 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 substance of the decision is made known to the president of the bar association or his delegate by the judge or prosecutor from the start. Subject to the rights of third parties, the investigating judge may also order that ownership of personal property placed under judicial safekeeping which belongs to the persons being prosecuted, where the items no longer need to be kept in order to establish the truth, and their confiscation has been provided for by the law, be surrendered to the State property service with a view to their disposal, where to continue the seizure would decrease the value of the property.

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.

More generally, the position of the Criminal Division, which has ruled for the first time here on the question of whether searches in the absence of the accused owner must be justified, is in line with a classic trend that it has had occasion to reiterate previously, particularly in relation to night-time searches: - " 7. 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 Any article or document seized is immediately entered on an inventory and placed under official seals. The provisions of article apply to the execution of this warrant. When the process of testing is complete, the report and the seals must be put into the hands of a clerk in the relevant court of law. Within five days from receiving the documents, the liberty and custody judge gives a reasoned ruling on the objection, which is not open to appeal. Languages, formats and link to OJ. The liberty and custody judge may then travel to the location anywhere on the national territory. The existence of exceptional procedures, designed to respond more effectively to organised crime, does not mean that there are no procedural rules to protect the rights of the defence. That these procedures reveal offences other than those mentioned in the ruling by the liberty and custody judge or the investigating judge does not constitute grounds for nullity in proceedings for related offences. Article Under penalty of nullity, the authorisations provided for by articles to are given for specific searches and are the subject of written rulings, which specify the qualification of the offence for which the evidence is sought as well as the addresses of the premises in which the visits, searches and seizures may be carried out. 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,. Subsection 2 Interception of correspondence by telecommunications Articles to Article For the investigation of felonies and misdemeanours, if the penalty incurred is equal to or in excess of two years' imprisonment, the investigating judge may order the interception, recording and transcription of telecommunication correspondence where the requirements of the investigation call for it. For the purpose of applying the rules referred to in paragraph 1, the United Kingdom and the islands shall be treated as a single Member State. Modified by.