French Code of Criminal Procedure
In forceI.-The provisions of I, II, III and IV of article D. 1er-13 are applicable to transmissions of information made pursuant to article 706-47-4.
II.-The list of professions and activities exercised by the persons covered by Article 706-47-4 as well as that of the administrations that must be informed by the Public Prosecutor's Office are set out in the table below.
ADMINISTRATIONS REQUIRED TO BE INFORMED | |
|---|---|
Persons carrying out an activity in a public or private school, a public or private secondary education establishment, a public or private higher education establishment under the authority of the Ministry responsible for national education or a national education department. | Academy principal or vice-rector Or, in the case of a person employed by a territorial authority or a public establishment for inter-municipal cooperation, the executive of the territorial authority concerned or of the public establishment for inter-municipal cooperation. |
Persons working in a French school or educational establishment abroad. | Ministère de l'éducation nationale (directeur général des ressources humaines) |
Persons exercising an activity in a public or private secondary education establishment or a public or private higher education establishment, reporting to the Ministry of Agriculture, or in a department of the Ministry of Agriculture in charge of public agricultural education policy. | Ministère de l'agriculture, de l'agroalimentaire et de la forêt (secrétariat général-service des ressources humaines) Or, in the case of a person employed by a local authority or a public establishment for inter-communal cooperation, the executive of the territorial authority concerned or of the public establishment for inter-municipal cooperation |
Persons working in a public secondary education establishment or a higher education establishment, under the authority of the ministry responsible for the sea. | Interregional director for the sea Or, in the case of a person employed by a territorial authority or a public establishment for inter-municipal cooperation, the executive of the territorial authority concerned or of the public establishment for inter-municipal cooperation. |
Persons operating a physical activity and sports establishment mentioned in article L. 322-1 of the sports code; Persons exercising, on a paid or voluntary basis, the functions of sports educator mentioned in article L. 212-1 of the sports code. Persons exercising an activity: -in the reception centres mentioned in the article L. 227-4 of the code de l'action sociale et des familles ; -in the establishments or services provided for by 8°, 10°, 11°, 12°, 13°, 15 of I and III of article L. 312-1 of the same code when these establishments or services take in minors; Persons running a physical activity and sports establishment. | Departmental Prefect (departmental directorate responsible for social cohesion) And, in the case of a person employed by a territorial authority or a public establishment for inter-communal cooperation, the executive of the territorial authority concerned or of the public establishment for inter-communal cooperation. |
Persons working in establishments or services: -implementing educational measures ordered by the judicial authority pursuant to the ordonnance n° 45-174 du 2 février 1945 relative à l'enfance délinquante; -implementing educational assistance measures ordered by the judicial authority in application of one or more of the articles 375 to 375-8 of the Civil Code; -implementing investigative measures prior to the educational measures mentioned above; usually taking charge, including for prevention purposes, of minors covered by articles L. 221-1, L. 222-3 et L. 222-5 of the Social Action and Family Code; -taking care of minors in accordance with 16° of I of Article L. 312-1 of the Social Action and Family Code. | President of the departmental council Or, in the case of establishments or persons dependent on the directorate of judicial youth protection, the inter-regional director of judicial youth protection. |
Persons carrying out the activity of maternal assistant, defined in article L. 421-1 of the code de l'action sociale et des familles, or family assistant, defined in article L. 421-2 of the code de l'action sociale et des familles, and adults living in their homes. Persons working in establishments caring for children under the age of six mentioned in article R. 2324-17 of the public health code. | President of the departmental council |
Persons employed by a legal entity or sole proprietorship mentioned in 1° of article L. 7232-1 of the labour code. | Préfet de région (Direction régionale des entreprises, de la concurrence, de la consommation, du travail et de l'emploi) |
Persons exercising an activity: -in teaching and special education establishments or services which provide, on a principal basis, adapted education and social or medico-social support for minors or young adults with disabilities or adjustment difficulties, as provided for by 2° and 9° of I of article L. 312-1 of the Social Action and Family Code; -in the early medical-social action centres mentioned in article L. 2132-4 of the public health code; -in health establishments and services covered by part six of the public health code. Persons practising a health profession covered by Part Four of the Public Health Code. Persons using the title of osteopath, chiropractor, psychotherapist. | Director general of the regional health agency |
Persons exercising an activity in a cultural structure (cultural institutions or associations) or exercising an activity supervising artistic and cultural education activity when this activity concerns or is likely to concern minors. | Regional director of cultural affairs And, in the case of a person employed by a territorial authority or a public establishment for inter-municipal cooperation, the executive of the territorial authority concerned or of the public establishment for inter-municipal cooperation. |
Persons working in a school or educational establishment under the authority of the ministries responsible for defence, culture, justice or health. | Related ministry (General Secretariat) Or, in the case of a person employed by a territorial authority or a public establishment for inter-municipal cooperation, the executive of the territorial authority concerned or of the public establishment for inter-municipal cooperation |
III.-When one of the persons exercising one of the professions or activities listed in the table provided for by II of this article is placed under judicial supervision as part of an investigation into one of the offences mentioned in article 706-47-4 and the prohibition provided for by 12° bis of article 138 is ordered, the investigating judge shall immediately notify the public prosecutor.
IV.-When a local authority or a public establishment for inter-communal cooperation employing a person working in a school, a secondary education establishment under the authority of the Ministry of National Education or a national education service takes a decision to suspend the duties of this person as a precautionary measure or a disciplinary measure after having been informed in application of article 706-47-4, it shall inform the Rector of the Academy or the Vice-Rector of its decision.
V.-When the information sent to the Director General of the Regional Health Agency concerns staff paid by the Ministry of National Education, the Director General shall inform the Academic Rector or Vice-Rector.
VI.-The written document transmitting the information to the local authorities, public establishments for inter-municipal cooperation or the director general of the regional health agency pursuant to II of articles 11-2 and D. 1er-13 recalls, where applicable, the provisions of IV and V of this article.
