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Article 694-31 of the French Code of Criminal Procedure

The magistrate to whom the matter is referred shall refuse to recognise or execute a European investigation order in one of the following cases: 1° If a privilege or immunity is an obstacle to its execution; where such privilege or immunity is likely to be lifted by a French authority, recognition and execution of the decision shall be refused only after the magistrate seised has addressed a request for the…

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Article 694-33 of the French Code of Criminal Procedure

The measures for which an investigation decision may not be refused pursuant to 8° and 9° of Article 694-31 are as follows: 1° Obtaining information or evidence which is already in the possession of the French authorities and which could have been obtained, pursuant to national law, in the context of criminal proceedings or for the purposes of the European Investigation Order; 2° Obtaining information contained in automated processing of…

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Article 694-34 of the French Code of Criminal Procedure

If the execution of the European Investigation Order is likely to harm essential national security interests, endanger the source of information or involve the use of information that has been classified pursuant to the provisions of article 413-9 of the Penal Code and relating to intelligence activities, the provisions of articles 694-4 and 694-4-1 of this Code shall apply, and recognition or enforcement of the European Investigation Order may be…

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Article 694-35 of the French Code of Criminal Procedure

The judge hearing the case shall take the decision on the recognition or execution of the European Investigation Order with the same speed and priority as in similar national proceedings and no later than thirty days after receipt of the European Investigation Order. If it is not possible, in a specific case, to meet this deadline, it shall inform the competent authority of the issuing State without delay by any…

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Article 694-36 of the French Code of Criminal Procedure

The investigation decision shall be executed in accordance with the formalities and procedures expressly indicated by the issuing authority, unless the law provides otherwise and provided, on pain of nullity, that these rules do not reduce the rights of the parties and the procedural guarantees applying the fundamental principles provided for in the preliminary article of this code.

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Article 694-37 of the French Code of Criminal Procedure

The investigation decision shall be executed as soon as possible and at the latest within ninety days of the date of the decision provided for in Article 694-35. If special circumstances justify an extension of this period, the issuing authority is immediately informed, together with the reasons for the extension and the foreseeable date of execution of the investigation decision. The investigating magistrate may decide to postpone the execution of…

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Article 694-38 of the French Code of Criminal Procedure

Where the investigative measure requested is not provided for in this Code or where it could not be carried out under a similar national procedure, the magistrate hearing the case shall, wherever possible, have recourse to any other investigative measure that makes it possible to obtain the information requested by the issuing authority. However, subject to the provisions of Article 694-31 and Article 694-34, it must always grant the requests…

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Article 694-39 of the French Code of Criminal Procedure

The judge hearing the case may refuse the assistance of the authorities of the issuing State in the execution of the investigation decision on national territory only if it appears likely to reduce the rights of the parties and the procedural guarantees applying the fundamental principles provided for in the preliminary article or likely to harm the fundamental interests of the Nation.

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Article 694-40 of the French Code of Criminal Procedure

If, in the course of executing the investigation decision, the investigating magistrate deems it appropriate to initiate investigative measures not initially planned or which could not be specified when the European investigation decision was issued, he or she shall inform the issuing authority without delay so that it can request new measures if necessary.

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