Title XX: National automated genetic fingerprint database and central biological sample preservation service

Articles in this section · 23

Article R53-11

French Code of Criminal ProcedureIn force

Updated 6 Nov 2023

I.-The recorded data mentioned in Article R. 53-10, which specify the DNA segments identified, are accompanied by the following information:

1° The number of the proceedings in the context of which registration in the file is requested;

2° The judicial authority or police officer requesting entry in the file;

>The date of the request for entry in the file 3° The date of the application for registration in the file or, in the cases provided for in II of Article R. 53-10, the date on which the decision declaring the person guilty or not criminally responsible became final or, if this date is not known to the file management department, the date of the decision;

4° The name of the authorised natural or legal person who carried out the analysis.

II. II.-The data mentioned in 1° and 1° bis of the I of Article R. 53-10 shall also be accompanied by:

1° Information relating to the seal or sample containing the biological traces or samples from which the analysis was carried out or the object from which these traces or samples were collected;

2° Information relating to the procedural framework for their recording;

>
3° Where applicable, references to the offences referred to in Article 706-55 that are the subject of the proceedings for which registration in the file is requested;

III. III - The data referred to in 2° of I of Article R. 53-10 shall also be accompanied by:

1° References to the offences referred to in Article 706-55 that are the subject of the proceedings in the context of which registration in the file is requested;

2° Where applicable, the date on which the offences were committed;

3° Where known, the surname, first names, date and place of birth and parentage of the persons whose genetic fingerprints are presumed to have been taken;

Information relating to offence references may not be used as a criterion for identifying individuals.

IV. IV.-The data mentioned in 3° of I of Article R. 53-10 shall also be accompanied by:

1° Information relating to the seal or sample containing the biological traces from which the analysis was carried out or the object from which these traces were collected;

>
2° Information relating to the procedural framework for recording them;

3° Where applicable, references to the offences referred to in Article 706-55 that are the subject of the proceedings in the context of which registration in the file is requested.

V.-The data referred to in Article 706-55 shall be recorded in the file. V.-The data referred to in 4° of I of Article R. 53-10 shall also be accompanied by:

1° Information relating to the seal or sample containing the biological traces or samples from which the analysis was carried out or the object from which these traces or samples were collected;

2° Information relating to the procedural framework for their recording;

>The name, forenames and surnames of the person or object on which the analysis was carried out 3° The surname, forenames, date and place of birth and parentage of the persons whose genetic fingerprints are presumed to have been collected;

VI. VI.-The data referred to in 5° of I of Article R. 53-10 shall also be accompanied by:

1° Information relating to the procedural framework for their recording;

2° The surname, forenames, date and place of birth of the missing person, and the surname, forenames, date and place of birth, and relationship to the missing person, of the person whose genetic fingerprint is recorded.

VII. VII -The data referred to in II of Article R. 53-10 shall also be accompanied by:

1° References to the offences referred to in Article 706-55 that are the subject of the proceedings in the context of which registration in the file is requested;

2° Where applicable, the date on which the offences were committed;

3° Where known, the surname, forenames, date and place of birth and parentage of the persons whose genetic fingerprints are presumed to have been taken;

Information relating to offence references may not be used as a criterion for identifying individuals.

VIII. VIII - The data referred to in 1° of III of Article R. 53-10 shall also be accompanied by:

1° Information relating to the seal or sample containing the biological traces from which the analysis was carried out or the object from which these traces were collected;

>
2° Information on the procedural framework for their recording;

IX. - The data referred to in 2° and 3° of III of Article R. 53-10 shall also be accompanied by:

1° Information relating to the seal or sample containing the biological traces or samples from which the analysis was carried out or the object from which these traces or samples were collected;

2° Information on the procedural framework for recording them;

3° Where known, the surname, forenames, date and place of birth and parentage of the persons whose genetic fingerprints are presumed to have been collected;

X.-The data referred to in Article 3(1)(a) and (b) of the Directive. X.-The data referred to in 4° of III of Article R. 53-10 shall also be accompanied by:

1° Information relating to the procedural framework for their recording;

2° The surname, forenames, date and place of birth of the missing person, and the surname, forenames, date and place of birth, and relationship to the missing person, of the person whose genetic fingerprint is recorded.

Mariela Petrova

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Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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