French Code of Criminal Procedure
In forceI.-The information provided for by article 11-2 is given by the public prosecutor. In the event of an indictment decided by the investigating chamber or a conviction handed down by the court of appeal, it is given by the public prosecutor or, on the latter's instructions, by the public prosecutor.
The written document containing the information provided for by this article may be transmitted by electronic means of communication.
II.-The information sent by the Public Prosecutor's Office includes:
1° The identity and address of the person;
2° The nature of the judicial decision concerning him or her;
3° The detailed legal description of the alleged offences, the date and place where they were committed, and a brief description of them;
4° The nature and place of exercise of the professional or social activity that justified the transmission of the information to the administration or competent authority;
5° The name of the employer.
The written document transmitting the information recalls the provisions of the third and fourth paragraphs of II of Article 11-2.
Where the information relates to a conviction, even one that is not final, the public prosecutor sends either a copy of the decision or a notice of conviction containing, in addition to the information listed in 1° to 5° of this II, the operative part of the decision. It is specified whether the time limit for appeal has not expired, whether an appeal has been lodged against the decision or whether the decision is final. If the administration or competent authority so requests, transmission of a copy of the sentencing decision is as of right.
Where applicable, in the event of a conviction, even if not final, referral to a court by the public prosecutor or investigating judge, or an indictment, copies of all or part of the documents from the proceedings that are useful to enable this authority to take the decisions falling within its remit may also be sent, of its own accord or at the request of the administration or competent authority.
III.-The Public Prosecutor shall inform the person concerned without delay of his decision to forward the information to the competent administration or body to which he is answerable by one of the following means:
1° In the event of prosecution, by a mention in the direct summons or in the report provided for by Articles 390-1,393 or 495-8 and 495-14;
2° In the event of an indictment, by a statement in the first appearance report following the public prosecutor's request to that effect;
3° In the event of conviction, either by information given orally at the end of the hearing by the public prosecutor and which is mentioned in the hearing notes, or by information given by the enforcement office which keeps a written record of it in the file, or by a mention appearing in the service of the decision ;
4° In all cases, by sending, by simple letter, or by handing to the person a copy for information of the notice sent to the administration, or any other document informing them of this transmission.
In the event of prosecution or indictment, failure to inform the person does not constitute grounds for invalidity of the proceedings.
IV.-When the Public Prosecutor notifies the administration of a final decision to dismiss, acquit or acquit, he reminds it of its obligation to delete from any file relating to the activity of the person concerned the information already transmitted, unless a decision has been taken imposing a sanction legally based on this information.
If this information is contained in written documents or any other material medium, these must be destroyed.
If such information is contained in an automated data processing system, it must be deleted therefrom.
The person concerned shall be notified in writing by the administration of this destruction or erasure, or of the fact that it has not been carried out because of a decision that has imposed a sanction legally based on the information previously transmitted.
