Décision 2020-873 QPC - M. Mickaël M. [Absence d'obligation légale d'aviser le tuteur ou le curateur d'un majeur protégé d'une perquisition menée à son domicile dans le cadre d'une enquête préliminaire], 15-01-2021
Case Outcome | Non conformité totale - effet différé |
Appeal Number | 2020-873 |
Court | Conseil Constitutionnel (France) |
Docket Number | CSCX2101606S |
ECLI | ECLI:FR:CC:2021:2020.873.QPC |
Official gazette publication | JORF n°0014 du 16 janvier 2021, texte n° 71 |
Procedure type | QPC |
Record Number | CONSTEXT000043096402 |
Au vu des textes suivants :
- la Constitution ;
- l'ordonnance n° 58-1067 du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel ;
- le code de procédure pénale ;
- la loi n° 2019-222 du 23 mars 2019 de programmation 2018-2022 et de réforme pour la justice ;
- le règlement du 4 février 2010 sur la procédure suivie devant le Conseil constitutionnel pour les questions prioritaires de constitutionnalité ;
Au vu des pièces suivantes :
- les observations présentées pour le requérant par la SCP Thouin-Palat et Boucard, enregistrées le 6 novembre 2020 ;
- les observations présentées par le Premier ministre, enregistrées le même jour ;
- la lettre du 4 janvier 2021 par laquelle le Conseil constitutionnel a soumis aux parties un grief susceptible d'être relevé d'office ;
- les autres pièces produites et jointes au dossier ;
Après avoir entendu Me Françoise Thouin-Palat, avocate au Conseil d'État et à la Cour de cassation, pour le requérant, et M. Philippe Blanc, désigné par le Premier ministre, à l'audience publique du 6 janvier 2021 ;
Et après avoir entendu le rapporteur ;
LE CONSEIL CONSTITUTIONNEL S'EST FONDÉ SUR CE QUI SUIT :
1. L'article 706-113 du code de procédure pénale, dans sa rédaction résultant de la loi du 23 mars 2019 mentionnée ci-dessus, prévoit :« Lorsque la personne fait l'objet de poursuites, le procureur de la République ou le juge d'instruction en avise le curateur ou le tuteur ainsi que le juge des tutelles. Il en est de même si la personne fait l'objet d'une alternative aux poursuites consistant en la réparation du dommage ou en une médiation, d'une composition pénale ou d'une comparution sur reconnaissance préalable de culpabilité ou si elle est entendue comme témoin assisté.
« Le curateur ou le tuteur...
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