French Public Health Code
In forceI.-The visit is authorised by order of the liberty and custody judge of the judicial court within whose jurisdiction the premises to be visited are located.
The order shall state the address of the premises to be visited, the name and capacity of the officer or officers authorised to carry out the visit and the times at which they are authorised to attend.
The order is enforceable on the basis of the minutes alone.
II - The order is notified on the spot at the time of the visit to the occupier of the premises or his representative, who receives a full copy in return for a receipt or a signature on the visit report. In the absence of the occupier of the premises or his representative, the order shall be notified, after the visit, by registered letter with acknowledgement of receipt. Notification is deemed to have been made on the date of receipt shown on the notice. If the order is not received, it will be served by a bailiff.
The notice shall state the means and time limits for appealing against the order authorising the visit and against the conduct of the visit. It shall also state that the judge who authorised the visit may be asked to suspend or halt the visit.
III - The visit is carried out under the authority and control of the liberty and custody judge who authorised it. The liberty and custody judge may, if he considers it useful, visit the premises during the visit. He may decide to suspend or stop the visit at any time. Referral to the liberty and custody judge for the purpose of suspending or halting the visit has no suspensive effect.
IV - The visit is carried out in the presence of the occupier of the premises or his representative, who may be assisted by counsel of his choice. In the absence of the occupier of the premises, the officers responsible for the inspection may only carry out the inspection in the presence of two witnesses requested by them for this purpose, who are not under their authority.
The inspecting officers will immediately draw up a report describing how the inspection was carried out and what was found. The report is signed by the officers and by the occupier of the premises or, where applicable, his representative and the witnesses. If they refuse to sign, this is noted in the report.
As soon as it has been drawn up, the original of the report is sent to the judge who authorised the visit. A copy of the report is sent to the occupier of the premises or his representative by registered letter with acknowledgement of receipt.
The report shall state the time limit and the means of appeal.
V.-An appeal against the order authorising the visit may be lodged with the First President of the Court of Appeal in accordance with the rules laid down in the Code of Civil Procedure. The parties are not required to constitute a lawyer.
This appeal is lodged by declaration delivered or sent by registered post to the court registry within a period of fifteen days. This period runs from the date of notification of the order. This appeal does not have suspensive effect.
The clerk's office of the court of first instance shall without delay transmit the case file to the clerk's office of the court of appeal where the parties may consult it.
The order of the First President of the Court of Appeal may be appealed to the Court of Cassation in accordance with the rules set out in the Code of Civil Procedure. The time limit for an appeal to the Supreme Court is fifteen days.
VI - The first president of the court of appeal hears appeals against the conduct of inspection operations authorised by the judge in charge of liberties and detention in accordance with the rules set out in the code of civil procedure. The parties are not required to constitute a lawyer.
The appeal is lodged by declaration delivered or sent by registered post to the court registry within a period of fifteen days. This period runs from the date of delivery or receipt of the minutes referred to in the first paragraph. This appeal does not have suspensive effect.
The order of the First President of the Court of Appeal may be appealed to the Court of Cassation in accordance with the rules laid down in the Code of Civil Procedure. The time limit for an appeal to the Supreme Court is fifteen days.
VII - The present article is reproduced in the notification of the order of the liberty and custody judge authorising the visit.
