FRANCE Law and Practice Contributed by: Christophe Ingrain, Tristan Gautier and Benoît Martinez, Darrois Villey Maillot & Brochier
Requisitions for Information Judicial police officers may obtain information relevant to the investigation by issuing requisitions to both pri - vate and public actors. These may include public or private entities and administrations (Articles 60-1 and 77-1-1, CPP), public bodies and private law legal enti - ties (Articles 60-2 (1) and 77-1-2 (1), CPP), as well as telecommunication operators (Articles 60-2 (2) and 77-1-2 (2), CPP). Searches and Seizures As a rule, authorities may conduct dawn raids between 06:00 and 21:00. The scope of a search includes the seizure of papers, documents, or other relevant objects, the seizure or copying of digital data, in the presence of persons attending the search, and remote access to digital data stored on systems accessible from the location searched, including data held on external servers, if accessible through the initial sys - tem. Special rules protect certain professional premises, such as those of lawyers, doctors, journalists, nota - ries, or judges. Hearings and Questioning Any person may be summoned for questioning dur - ing an investigation. Persons summoned by the police must appear, and may be compelled with prior authorisation from the public prosecutor (Article 62 CPP). The status of the individual being questioned determines their rights and obligations, depending on whether they are suspected or not: • Persons not suspected of any offence are con - sidered as witnesses and heard without coercive measures (Articles 61-1 and 77 CPP). • Suspects and persons under examination retain a certain number of rights, in particular to remain silent and the right to be assisted by a lawyer. They are usually heard under the regime of “free audi - tion” (they are free to leave the premises) or placed under custody (they cannot leave the premises in general for 24/48 hours in white-collar matters). Interception of Electronic Communications French law also allows investigative authorities to intercept or access communications:
• Remote access to stored electronic correspond - ence using digital identifiers is authorised both in preliminary and judicial investigations (Articles 706- 95-1 and 706-95-2, CPP). • The recording and transcription of electronic com - munications are authorised during judicial investi - gations for the felonies or misdemeanours commit - ted in an organised group listed in Articles 706-73 and 706-73-1, CPP. Freezing and Tracing of Digital Assets Under Articles 706-141 et seq. and 706-154 153 et seq., CPP, investigative authorities may seize any movable property, including intangible assets, when it is believed to constitute the proceeds of an offence or to be useful in establishing the truth. These provisions apply to digital assets stored on hardware, online plat - forms, or blockchain networks. Administrative Powers Certain administrative authorities have investiga - tory powers for offences under their supervision. For instance: • The AMF may request the submission of docu - ments and conduct auditions in the context of investigations into market abuse. It has also authorised investigators empowered to access business premises and conduct searches under certain conditions (Article L. 621-10, CMF). • The DGCCRF has administrative investigative pow - ers over economic and consumer fraud offences, and may carry out audits, seizures, and auditions (Articles L. 511-1 et seq. and L. 512-1 et seq. of the Consumer Code – CC). 2.4 Use of Technology in Investigations While there is no specific legislation regulating AI use in investigations, authorities may analyse large data - sets with automated tools. The legal framework for these technologies stems from general provisions of the CPP, data protection rules under the General Data Protection Regulation (GDPR) and the French Loi Informatique et Libertés , and more recently under the EU Artificial Intelligence Act.
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