When, in accordance with the stipulations of international conventions, the public prosecutor or investigating judge communicates information from ongoing criminal proceedings to foreign judicial authorities, he or she may subject the use of such information to conditions that he or she determines.
In the absence of an international convention stipulating otherwise, the articles 694-11 to 694-13 shall apply to requests for mutual assistance from the competent foreign authorities for the seizure, with a view to their subsequent confiscation, movable or immovable property, whatever its nature, which was used or intended to be used to commit the offence or which appears to be the direct or indirect proceeds of the offence, as well…
Without prejudice to the application of Article 694-4, the request submitted under Article 694-10 is rejected if one of the grounds for refusal mentioned in article 713-37 already appears to have been established.
The execution on the territory of the Republic of seizures that are the subject of a request made by a foreign judicial authority, pursuant to an international agreement, shall be ordered, at the advanced expense of the Treasury and in accordance with the terms of this Code, by the investigating judge at the request of or following the opinion of the public prosecutor.
Refusal to authorise enforcement of the confiscation order issued by the foreign court automatically entails release of the seizures ordered, at the Treasury’s expense. The same applies if the foreign proceedings have been terminated.
The provisions of this chapter shall apply to requests for mutual assistance between France and the other Member States of the European Union.
Unless otherwise provided for by this Code, requests for mutual legal assistance in criminal matters between France and the other Member States of the European Union shall be made via European Investigation Decisions, in accordance with the provisions of this section.
A European Investigation Order is a judicial decision issued by a Member State, called the issuing State, requesting another Member State, called the executing State, using forms common to all States, to carry out within a certain period of time on its territory investigations aimed at obtaining evidence relating to a criminal offence or the communication of evidence already in its possession. The purpose of the investigation order may also…
Member States shall recognise a European Investigation Order without any formality and shall execute it in the same way and according to the same procedures as if the request had come from a national judicial authority, unless a valid reason provided for in this Section for non-recognition, non-execution or postponement of the order applies, and subject to the application of formalities expressly requested by the issuing authority which are not…
There are no grounds for issuing a European Investigation Order: 1° Where a joint investigation team is set up pursuant to Articles 695-2 and 695-3 ; however, where a competent authority participating in a joint investigation team requires the assistance of a Member State other than those participating in the team, a European Investigation Order may be issued for that purpose; 2° Where Articles 695-9-1 to 695-9-30 on the freezing…
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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