liens parents enfant sefca Europe


"While it is clear from the provisions of article 8, paragraph 2, of the Convention European for the safeguarding of the rights of man and fundamental freedoms that there may be interference of the authorities in the private and family life, home and correspondence of a person than if this interference is expressly provided by statute strictly delimiting the extent and the conditions of such a power;"

-That no legal provision authorizes the home visit without any judicial review; Thus, if worn personal impairment to the rights recognized by the abovementioned provisions, it must be sanctioned by the nullity of the procedure.

-then on the one hand that any introduction at the home of a person, is find an infringement constitutes a home visit. that a visit of this kind cannot, on pain of nullity, be started before 6 o'clock and after 9 p.m., even with the consent of the person concerned.

-Then, that the inviolability of the home is one of the fundamental aspects of individual freedom; that in failing to ensure compliance with this principle as the authority judicial guardian of liberties individuellesl' authority has violated the abovementioned texts and violated the condition that the means of evidence produced before the criminal judge currently do not a misunderstanding of the rules of procedure and did not have to infringe on the rights of the defence.

-While in the preliminary investigation, home visits are subject to the express consent of the person in which the operation takes place; that are zero operations carried out by an officer of judicial police in breach of the legal requirements; that, subsequently, in the absence of consent consent given by the person, the representation could not take place and the reports drawn up in violation of the fundamental rules of article 76 of the Code of criminal procedure are void"; (d) having regard to such articles; Whereas it follows from the combined provisions of articles 56 and 76 of the Code of criminal procedure that, if it received mandate of the investigating judge, a judicial police officer cannot, without the consent...

While article 76 of the Code of criminal procedure allows the visitesdomiciliaires only with the express consent of the owner of the premises; that violates the provisions of this text entry in the local said by judicial police officers, without the consent of the owner, without the need to ascertain whether the latter had, to penetrate, over obstacles or use fraudulent means; in this case, it follows from the findings of the judgment that in order to proceed to findings of infringement not responding or the definition of crime nor to caught such as provided by article 53 of the penal Code, enforcement officers had entered the proprieteprivee of the latter without his consent.


' intrusion without permission or breach of domicile


article 6 of the European Convention for the protection of the rights of man and fundamental freedoms, article 14 of the international Covenant on Civil and political rights and the right to a fair hearing;


1. so queconstitue an infringement of the inviolability of the home is, by a person depositary of public authority or responsible for a public service mission, acting in the exercise or on the occasion of the exercise of his duties or his mission, to enter or to try to break into the home of another person against the will of it, even if the barrier of the property were not closed upon arrival at the lieuhors the cases provided by law;


"on the grounds that the gendarmerie intervened at the home of Madam X..., widow Z..., Milka a simple intelligence; that, until they penetrate effectively at the home of the latter and they interrogate him, the Mounties had in addition to this information, an apparent indication nor any outward sign that an offence had been committed or was committing; What a denunciation is not an index of criminal behaviour that may indicate the existence of an infringement meets the definition of a flagrant offence; that it emerged that investigated as a result of such information could only follow the rules laid down by the preliminary inquiry laid down by articles 75 to 78 of the Code of criminal procedure according to which searches, visits home and seized parts could not be carried out without the express consent of the person in which the operation took place; Madame X... had been the subject of a home visit in which she had been heard and during which a seizure occurred without any express his consent; only no. 1 and 2 coins, namely the minutes of synthesis and seizure, did not know exactly under what conditions had been held of visitedomiciliaire operations; that the omission of the substantial formality having to seriously affect the rights of defence of the accused, parts No. 1 and 2 should be rescinded, and all of the subsequent proceedings, since it had been prosecuted on the basis of two documents into consideration unique indices irregularly collected at home


"then that constitutes a home visit, requiring the consent of the person from whom it takes place and shall be the legal hours, any looking for clues, that could allow to establish the existence of an offence or to determine the author inside any enclosed area where a person has the right to say to her;" What, the fact for police, then as part of a preliminary inquiry, to penetrate the night in a walled garden to establish the identity of the author of the offence of failure to control his vehicle at the sight of the latter lying on the ground, and to see if it was or not in apparent intoxicated state, constitutes a home visit

Criminal law

Violations of home and findings

(Government officials, police...)

Annex 2: can the agent penetrate inside the home?

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