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by rtsil 1321 days ago
Warning: IANAL.

Sanction here does not mean punishment, it means approved (the law itself says "upon request")

That article of the Criminal Code refers to two chapters of the Code of Criminal Procedure, which covers the two types of criminal investigations in France and their respective judicial authority: the prosecutor, and the judge of instruction (an investigative magistrate).

An order/request by the judge can be appealed against, I don't think the orders/requests of the prosecutor can be appealed.

1 comments

Thanks.

I raised the question, because i want to understand, how much police in France needs to do to issue an order to unlock a phone. It does not sound too bad to me, if they have to go through a judge and a hearing to issue the order.

The problem is that the prosecutor can issue a blanket order that forces any person, company or organization to hand over to the police any and all digital information and data that may be related to the investigation. And as with all blanket orders, this gives a lot of leeway to the police.