Tracking of a person is provided for in French law in the following articles :
- Articles 230-32 to 230-44 and following of the Code of criminal procedure
- Article 709-1-3 of the same code ;
- Articles D15-1-5 and D15-1-7 of the same code ;
- Article 67 bis-2 of the Customs Code
Tracking is the use of any technical means intended to locate in real time a person (without him being informed), a vehicle or any other object (without the consent of its owner or user). Any object can be tracked, either by exploiting its own technology, or through the installation of a tracker. Both the dynamic tracking of any object and the use of a dedicated tracker device placed on a means of transport or any other object are included in the scope of this investigation technique.
However, the following are not included in the scope of this investigation technique :
- Operations allowing to trace (not in real time) the movements of an object or an individual, by the communication of the data (in particular the triggered terminals) by the telecommunication operators or any person or public or private organization ;
- the dynamic tracking of a telecommunication terminal, a vehicle or any other object whose owner or legitimate possessor is the missing person or the victim of the crime under investigation, when the purpose of these operations is to find the victim, the object that was stolen from him or her or the missing person.
The implementation of this measure of tracking is possible for all investigations concerning a crime or misdemeanour punishable by at least three years of imprisonment ; all investigations in search of the causes of death or disappearance and the procedure for the search for a fugitive.
The authorization to use a tracking measure always take the form of a written decision, motivated by reference to the elements of fact and law justifying that these operations are necessary. The authorization must also include the following elements : the date of the decision ; the useful elements to identify the object or vehicle ; the maximum authorized duration of the measure, the framework of the investigations and the targeted offence.
In the context of an investigation under the responsibility of the public prosecutor, it is authorized by the public prosecutor and then by the liberty and custody judge if the extension of the measure is required.
In the context of a judicial investigation under the responsibility of an investigating judge, it is authorized by the investigating judge.
The duration of the measure is different according to the framework of the investigations.
- Investigation under the responsibility of the public prosecutor : the maximum duration of the measure authorized by the public prosecutor is eight consecutive days (fifteen days for organised crime). Then, the liberty and custody judge, at the request of the public prosecutor, may authorize the extension for a maximum period of one month, renewable under the same conditions.
- Judicial investigation under the responsibility of an investigating judge : The maximum duration of the measure authorized by the investigating judge is 4 months renewable under the same conditions of form and duration.