French Code of Criminal Procedure
In forceProvided that they have not been deleted under the conditions laid down in Articles R. 53-14-1 to R. 53-14-4, data and information are kept for the maximum periods detailed in the following paragraphs:
1° Data and information relating to the traces mentioned in 1° and 1° bis of I of Article R. 53-10 are kept for twenty-five years from the date of registration in the file. This retention period is extended to forty years when the biological traces from unknown persons have been collected as part of an investigation or information relating to one of the offences listed in the table mentioned in 4°;
2° Data and information relating to the persons mentioned in 2° of I of article R. 53-10 shall be kept for fifteen years from the date of registration in the file or, if the biological samples were taken from a minor, for ten years from the date of registration in the file;
3° Data and information relating to the persons mentioned in II of Article R. 53-10 are kept for twenty-five years from the date on which the decision of guilt or the decision that the person is not criminally responsible becomes final, or if this date is not known to the department managing the file, from the date of the decision or, if the biological samples were taken from a minor, fifteen years from the date on which the guilty verdict or the decision not to incur criminal responsibility became final, or if this date is unknown to the department managing the file, from the date of the decision;
4° The retention period provided for in 2° and 3° is increased to fifteen years where it is set at ten years, to twenty-five years where it is set at fifteen years and to forty years where it is set at twenty-five years where the genetic fingerprints concern one of the crimes or offences listed in the table below:
Offences against persons: |
-crimes against humanity (articles 211-1,211-2 and 212-1 to 212-3 of the Penal Code) -Voluntary attempts on life (articles 221-1 to 221-5 of the Penal Code) -torture and acts of barbarism (articles 222-1 to 222-6 of the Penal Code) -crimes and offences of intentional violence (article 222-7,222-8,222-9,222-10,222-14,222-14-1,222-15 of the Penal Code) -viols (articles 222-23 to 222-26 of the Penal Code) -sexual assault (articles 222-27 to 222-30 of the Penal Code) drug trafficking (articles 222-34 to 222-39 of the Penal Code) kidnapping and false imprisonment (articles 224-1 to 224-5 and 224-5-2 of the Penal Code) -hijacking of any means of transport (articles 224-6,224-6-1 and 224-7 of the Criminal Code) trafficking in human beings (articles 225-4-1 to 225-4-4 of the Penal Code) -pimping (articles 225-5 to 225-10 of the Penal Code) -recourse to prostitution of minors or vulnerable persons (articles 225-12-1 and 225-12-2 of the Penal Code) -endangering minors (articles 227-22,227-22-1,227-23,227-24 to 227-27-2 and 227-28-3 du code pénal) |
Infractions against property: |
theft with violence (article 311-6 of the Penal Code) -crimes of theft (articles 311-7 to 311-9 and 311-10 of the Criminal Code) -crimes of extortion (articles 312-3 to 312-6 and 312-7 of the Penal Code) -destruction, damage, and deterioration dangerous to persons (articles 322-6,322-7 to 322-10 of the Penal Code) |
Crimes and offences against the nation, the State and public peace: |
-trayason and espionage (articles 411-2 to 411-11 of the Penal Code) -attempt and conspiracy (articles 412-1 and 412-2 of the Penal Code) -insurrectional movement (articles 412-4 to 412-6 of the Penal Code) -usurpation of command, raising of armed forces and provocation to arm illegally (articles 412-7 and 412-8 of the Penal Code) -acts of terrorism (article 421-1 to 421-6 of the Penal Code) -counterfeit money (articles 442-1 and 442-2 of the Penal Code) -participation in a criminal association (article 450-1 of the Penal Code) |
Crimes and offences of war (articles 461-2 à 461-31 du code pénal) |
Infractions to the regime of arms and ammunition (articles L. 2339-2, L. 2339-3, L. 2339-10, L. 2353-4 and L. 2353-13 du code de la défense; articles L. 317-1-1 and L. 317-2-1 of the Internal Security Code and articles 222-52,222-53,222-54,222-55,222-57 and 222-59 du code pénal) |
;
5° Data and information relating to the persons mentioned in 3°, 4° and 5° of I and III of article R. 53-10 are kept for forty years from the date of registration in the file;
6° The results mentioned in article R. 53-12 may not be kept for more than twenty-five years from the date of registration in the file.
