French Code of Criminal Procedure
In forceI.-The public prosecutor responsible for, pursuant to the provisions of the sixth paragraph of Article 706-54 and the second paragraph of Article 706-54-1, order the deletion of data relating to the persons mentioned in 2° and 5° of I and 4° of III of Article R. 53-10 is that of the court within whose jurisdiction the proceedings giving rise to the recording were conducted.
The request for deletion must, on pain of inadmissibility, be sent by registered letter with acknowledgement of receipt or by declaration to the court registry. This request is sent directly to the public prosecutor mentioned in the first paragraph. It may also be addressed to the public prosecutor of the place of residence of the person concerned, who will forward it to the competent public prosecutor.
The competent public prosecutor will grant the request for deletion when it is made by a person mentioned in 2° of I in the event of a final acquittal or acquittal decision, in 5° of I and in 4° of III of Article R. 53-10.
In the event of a decision to dismiss the case, to close the case without prosecution for no offence or insufficient charges or for unknown perpetrator, the data relating to the persons mentioned in 2° of I of Article R. 53-10 collected during the investigation are deleted at the request of the person concerned, unless the public prosecutor orders them to be retained.
The Public Prosecutor may not oppose a request for deletion made under the conditions set out in the previous paragraph when the statute of limitations has expired.
The decisions of the public prosecutor provided for by the second paragraph of Article 706-54-1 and this Article ordering the deletion or retention of data are taken for reasons relating to the purpose of the file, with regard to the nature or circumstances of the commission of the offence or the personality of the person concerned.
II.-The public prosecutor with jurisdiction to order, pursuant to the provisions of the first paragraph of Article 706-54-1, at the request of the person concerned, the deletion of data relating to the persons mentioned in II of Article R. 53-10, is that of the court within whose jurisdiction the proceedings that gave rise to this recording were conducted.
On pain of inadmissibility, the request for deletion may only be made after a period of three years where the retention period is fifteen years, seven years where this period is twenty-five years and ten years where this period is forty years. These periods run from the date on which the guilty verdict or decision that the person is not criminally responsible becomes final.
The request for deletion must be sent, on pain of inadmissibility, by registered letter with acknowledgement of receipt or by declaration to the court registry. This request is sent directly to the public prosecutor mentioned in the first paragraph of this II. It may also be addressed to the public prosecutor of the place of residence of the person concerned, who will forward it to the competent public prosecutor.
The decisions of the public prosecutor provided for in the first paragraph of Article 706-54-1 ordering the deletion or retention of data are taken for reasons relating to the purpose of the file, with regard to the nature or circumstances of the commission of the offence or the personality of the person concerned.
If a request for deletion is refused, no new request may be made until one year has elapsed since the refusal decision became final.
