International Journal on Criminology Volume 3, Number 1, Spring 2015 | Page 21

Terrorism and Criminal Law
investigation, without the consent of the occupant. In addition, searches and seizures can,
with judicial authorization, be performed outside the legal times i.e. between 9 pm and
6 am. Such nocturnal operations are possible as part of a police or judicial inquiry, with
some limitations applying in the case of inhabited dwellings (Code of Criminal Procedure,
art. 706-89). When these actions concern digital data, searches can now be carried out
remotely using the investigators’ own computers, rather than a computer belonging to the
person under investigation (Code of Criminal Procedure, art. 57-1, as revised by the Law
of November 13, 2014).
When the case comes to court, the derogated rules introduced by the Law of
September 9, 1986 remain in force. The appropriate jurisdiction in which to judge accused
adults, those facing charges of felony terrorism, is therefore a cour d'assises (criminal trial
court), which is composed, uniquely for these cases, of seven professional magistrates,
with nine magistrates at appeal (Code of Criminal Procedure, art. 698-6 and 706-25). This
professionalization also applies to accused minors from age 16, with the stipulation that
two of the members of the judging panel must be appointed from among the juvenile
judges of the Court of Appeal (Code of Criminal Procedure, art. 706-25). At the discretion
of the First President of the Court of Appeal, terrorist trials can, for security reasons, be
held at locations other than the Palais de Justice in Paris, with the proviso that the hearing
be held in some place within the jurisdictional area of the Court of Appeal (Code of
Criminal Procedure, art. 706-17-1). Lastly, the rules regarding the application of sentence
prescriptions are also subject to a special regime.
It should be recalled that the statute of limitations on legal action operates when a
certain period of time has passed after the commission of an offense. In principle, a felony
cannot be prosecuted after more than 10 years, a misdemeanor after three years. For terror
offenses, these periods were extended by the Law of February 8, 1995, introducing a limit
of 30 years in the case of a terrorism-related felony, and 20 years in the case of a terrorismrelated
misdemeanor (Code of Criminal Procedure, art. 706-25-1).
As for the limitations on the enactment of the punishment—the period during
which the sentence pronounced can be enforced—the periods in question are likewise
longer than those in common law: instead of 20 years for felonies and five for misdemeanors,
the limitation periods are 30 and 20 years, respectively, starting from the date the sentence
became final (Code of Criminal Procedure, art. 706-25-1).
Turning to the substantive rules, terror offenses are once again subject to rules that
derogate from common law. Upon close inspection, these rules are both harsh and lenient.
The harshness can be seen, first of all, in a certain imperial tone in French law in
terms of its geographical application. In order to ensure the exercise of effective control
over terrorist activity wherever it is committed, French law combines various differing
systems (universality, the passive personality principle, and the active personality principle
in a widened form that addresses the situation of persons habitually residing on French
territory), which offer useful tools in addition to the territorially based criminal law.
Similarly, for obvious reasons of opportunity, the application of the non bis idem (double
jeopardy) rule does not extend to terrorist felonies and misdemeanors committed abroad
by a French person or by a person habitually residing in France (Penal Code, art. 113-13,
as per the revisions of Law No. 2012-1432 of December 21, 2012, relating to security and
the fight against terrorism).
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