Maritime anti-piracy law (France, November 2010). Provisional text
(B2) Here is the text - as I have been able to reconstitute it and which could become the "little law", then published in the Official Journal - if the Senate gives a "compliant" (that is to say if it does not vote for an additional amendment at 2nd reading). The first reading vote took place on May 6 in the Senate and on November 25 in the National Assembly.
LAW PROJECT
relating to fight against piracy and the exercise of powers of policeState in Wed,
CHAPTER IER
Provisions amending Law No. 94-589 of July 15, 1994 relating to the procedures for the exercise by the State of its police powers at sea
old Article 1er (deleted)
Article 1 (former Article 2)
Title Ier of Law No. 94-589 of July 15, 1994 relating to the procedures for the exercise by the State of its police powers at sea is thus restored:
“TITLE IER
“OF THE FIGHT AGAINST MARITIME PIRACY
« Art. 1er. - I. - This title applies to acts of piracy within the meaning of the United Nations Convention on the Law of the Sea signed at Montego Bay on December 10, 1982, committed:
“1° On the high seas;
“2° In maritime areas not under the jurisdiction of any State;
“3° When authorized by international law, in the territorial waters of a State.
"II. - When they constitute acts of piracy mentioned in I, the offenses likely to be investigated, observed and prosecuted under the conditions of this title are:
“1° The offenses defined in Articles 224-6 to 224-7 and 224-8-1 of the Penal Code and involving at least one ship or aircraft directed against a ship or aircraft;
“2° The offenses defined in articles 224-1 to 224-5-2 as well as in article 224-8 of the same code when they precede, accompany or follow the offenses mentioned in 1°;
“3° The offenses defined in articles 450-1 and 450-5 of the same code when they are committed with a view to preparing the offenses mentioned in 1° and 2°.
« Art. 2.- When there are reasonable grounds to suspect that one or more of the offenses mentioned in II of Article 1er have been committed, are committing, are preparing to be committed on board or against the vessels mentioned in Article L. 1521-1 of the Defense Code, the commanders of State buildings and the commanders of aircraft of the State, responsible for surveillance at sea, are empowered to carry out or have carried out the measures of control and coercion provided for by international law, Title II of Book V of the first part of the same code and this law either under the authority of the maritime prefect or, overseas, of the Government delegate for State action at sea, or under the authority of a civilian or military command designated within an international framework.
“With regard to the persons on board, the coercive measures provided for by the provisions of the single chapter of title II of book V of the first part of the same code relating to the on-board detention regime may be implemented.
« Art. 3.- During the inspection of the ship, the agents mentioned in article 2 may take or cause to be taken any precautionary measure with regard to the objects or documents which appear to be linked to the commission of the offenses mentioned in II of article 1.er to prevent them from occurring or recurring.
“They may also order the diversion of the ship to an appropriate position or port to carry out, if necessary, in-depth findings or to hand over the persons apprehended as well as the objects and documents which have been the subject of precautionary measures.
« Art. 4.- Judicial police officers and, when they are specially authorized under conditions laid down by decree in the Conseil d'Etat, the commanders of State vessels, the officers of the national navy embarked on these vessels and the commanders of aircraft the State, responsible for surveillance at sea, proceed to the observation of the offenses mentioned in II of Article 1er, in search and apprehension of their authors or accomplices.
“They can proceed to the seizure of objects or documents related to the commission of the facts on authorization, except extreme emergency, of the public prosecutor.
“After the seizure authorized in the preceding paragraph, they can also proceed with the authorization of the public prosecutor to the destruction of the only boats without a flag which were used to commit the offenses mentioned in II of article 1.er, when there are no conceivable technical measures to definitively prevent the repetition of these offences, in compliance with the international treaties and agreements in force.
“The measures taken against persons on board are governed by section 3 of the single chapter of title II of book V of the first part of the defense code.
« Art. 5.- In the absence of an agreement with the authorities of another State for the exercise by the latter of its jurisdictional competence, the perpetrators and accomplices of the offenses mentioned in II of Article 1er and committed outside the territory of the Republic may be prosecuted and judged by the French courts when they have been apprehended by the agents mentioned in article 4.
« Art. 6.- The prosecution, investigation and judgment of the offenses mentioned in this title fall within the jurisdiction of the following jurisdictions:
“1° In mainland France, the tribunal de grande instance of the seat of the maritime prefecture or the tribunal de grande instance within whose jurisdiction the port to which the ship was diverted is located;
"2° In the overseas departments, in Mayotte, in Saint-Pierre-et-Miquelon, in the Wallis and Futuna islands, in Saint-Barthélemy, in Saint-Martin, in French Polynesia, in New Caledonia and in the French Southern and Antarctic Lands, either the competent court of first instance located at the seat of the Government delegate for State action at sea, or the one within whose jurisdiction the port to which the ship was confused;
“3° All competent jurisdictions pursuant to the Code of Criminal Procedure or a special law, in particular those mentioned in Article 706-75 of the Code of Criminal Procedure.
“These courts are also competent for offenses related to those mentioned in this title. »
Article 2 (former Article 2a)
In the title of Law No. 94-589 of 15 July 1994 mentioned above, after the word: “relative”, are inserted the words: “to the fight against piracy and”.
Article 3
Articles 12 and 19 of Law No. 94-589 of July 15, 1994 cited above are amended as follows:
1° In the first paragraph, the word: “, in addition” is deleted;
2° The last two paragraphs are deleted.
CHAPTER II
Provisions amending the criminal code and the code of criminal procedure
Section 4
After article 224-6 of the penal code, an article 224-6-1 is inserted as follows:
« Art. 224-6-1. – When the offense provided for in article 224-6 is committed in an organized gang, the penalty is increased to thirty years' criminal imprisonment.
“The first two paragraphs of article 132-23 are applicable to this offence. »
Section 5
Article 706-73 of the Code of Criminal Procedure is amended as follows:
1° The 15° and 16° are completed by the reference: “and 17°”;
2° After the 16°, a 17° is inserted as follows:
"17° Crime of hijacking of aircraft, ship or any other means of transport committed in an organized gang provided for by article 224-6-1 of the penal code. »
CHAPTER III
Provisions amending the Defense Code
Section 6
The defense code is amended as follows:
1° Article L. 1521-1 is amended as follows:
a) In the first paragraph of 2°, after the words: “foreign ships”, are inserted the words: “and to ships flying no flag or without nationality,”;
b) A 4° is added as follows:
"4° To vessels flying the flag of a State which has requested the intervention of France or approved its request for intervention. » ;
2° The sole chapter of title II of book V of the first part is supplemented by a section 3 worded as follows:
“Section 3
“Measures taken against persons on board ships
« Art. L. 1521-11. – As from the boarding of the inspection team provided for in Article L. 1521-4 on the inspected vessel, the agents mentioned in Article L. 1521-2 may take the coercive measures necessary and appropriate to the situation. against persons on board with a view to ensuring their continued availability, the preservation of the ship and its cargo and the safety of persons.
« Art. L. 1521-12. – When measures of restriction or deprivation of liberty must be implemented, the agents mentioned in article L. 1521-2 notify the maritime prefect or, overseas, the Government delegate for the action of the State at sea, which informs the territorially competent public prosecutor as soon as possible.
« Art. L. 1521-13. – Each person on board subject to a measure of restriction or deprivation of liberty benefits from a health examination by a qualified person within twenty-four hours of the implementation thereof. A medical examination takes place no later than the expiry of a period of ten days from the first health examination carried out.
“A report on the execution of these examinations, ruling, in particular, on the ability to maintain the measure of restriction or deprivation of liberty is sent as soon as possible to the public prosecutor.
« Art. L. 1521-14. – Before the expiry of the period of forty-eight hours from the implementation of the measures of restriction or deprivation of liberty mentioned in article L. 1521-12 and at the request of the agents mentioned in article L. 1521-2, the liberties and detention judge seized by the public prosecutor decides on their possible extension for a maximum period of one hundred and twenty hours from the expiry of the previous period.
“These measures are renewable under the same conditions of substance and form for the time necessary for the persons subject to them to be handed over to the competent authority.
« Art. L. 1521-15. – For the application of article L. 1521-14, the judge of freedoms and detention may request from the public prosecutor all elements likely to assess the material situation and the state of health of the person making the object of a measure of restriction or deprivation of liberty.
“He can order a new health examination.
“Unless it is technically impossible, the judge of freedoms and detention communicates if he deems it useful with the person subject to the measures of restriction or deprivation of liberty.
« Art. L. 1521-16. – The judge of freedoms and detention rules by reasoned order not subject to appeal. A copy of this order is sent as soon as possible by the public prosecutor to the maritime prefect or, overseas, to the Government delegate for State action at sea, who is responsible for making it bring to the attention of the person concerned in a language that he understands.
« Art. L. 1521-17. – Measures taken against persons on board ships may be continued, for the time strictly necessary, on the ground or on board an aircraft, under the authority of the State agents in charge of the transfer, under the control of the judicial authority as defined by this section.
« Art. L. 1521-18. – As soon as they arrive on French soil, persons subject to coercive measures are placed at the disposal of the judicial authority. »
Chapter III up to
Provisions relating to children of victims
acts of maritime piracy
Article 7 (former Article 6 BIS)
Children whose father, mother or breadwinner, of French nationality, has been the victim of acts of maritime piracy, may be granted the status of pupil of the Nation under the conditions laid down in Title IV of Book III of the code of military invalidity pensions and war victims.
These provisions benefit victims of acts of maritime piracy committed since November 10, 2008.
CHAPTER IV
Final provisions
Article 8 (former Article 7)
This law is applicable throughout the territory of the Republic.
