Book IV: Some special procedures

The public prosecutor receives requests for the recognition and enforcement on the territory of the Republic of European protection decisions issued by the competent authorities of other Member States. The competent public prosecutor is the one in whose jurisdiction the victim intends to stay or reside. Failing this, the public prosecutor at the Paris judicial court has jurisdiction. If the public prosecutor to whom the European protection order has been…

The public prosecutor may carry out or arrange for any further investigations that he or she considers useful. If he considers that the information accompanying the European protection order is incomplete, he shall immediately inform the competent authority of the issuing State and give it a maximum of ten days to provide the information requested.

Within seven working days of receiving the European protection order or the additional information requested pursuant to Article 696-98, the public prosecutor shall submit the request for recognition and enforcement of the European protection order to the liberty and custody judge, together with his or her submissions. The liberty and custody judge shall rule on applications for recognition of European protection decisions within ten days of the referral by the…

Recognition of the European protection order shall be refused in the following cases: 1° The European protection order is incomplete or has not been completed within the time limit set by the competent authority of the executing State; 2° The conditions set out in Article 696-90 are not fulfilled; 3° The protection measure was ordered on the basis of conduct that does not constitute an offence under French law; 4°…

Recognition of the European protection order may be refused if the order is based: 1° On offences committed wholly, for the most part or for the most part on the territory of the Republic or in a place treated as such; 2° On offences for which the person suspected, prosecuted or convicted has already been finally judged by the courts of another State which is not a member of the…

When deciding to recognise the European protection order, the liberty and custody judge determines the protective measures provided for by French law to ensure the victim’s protection. The measure adopted corresponds, as far as possible, to that adopted in the issuing State. It shall rule by order specifying the measure to be complied with on the territory of the Republic and recalling the provisions of article 434-42-1 of the Penal…

The order of the liberty and custody judge made pursuant to article 696-102 shall be notified without delay to the offender. The offender is also informed by a note in the notification that he or she has a period of five days to submit a request to the Investigating Chamber specifying, on pain of inadmissibility, the legal or factual grounds for his or her challenge. The liberty and custody judge…

The liberty and custody judge shall inform the competent authority of the issuing State, by any means that leaves a written record, as well as the victim, of any refusal decision and specify the reasons for it within ten days of his decision. On this occasion, it shall inform the victim that he or she has a period of five days in which to refer the matter to the Investigating…

The public prosecutor shall inform the competent authority of the issuing State without delay, by any means that leaves a written record, of any breach of measures enforceable on the territory of the Republic.