Article 694-19 of the French Code of Criminal Procedure
November 7, 2023
The detailed rules for the application of this section shall be specified by decree.
The detailed rules for the application of this section shall be specified by decree.
Any European Investigation Order shall be drawn up using a form which has been completed, signed and the content of which is certified as accurate and correct by the issuing judicial authority, which shall include in particular the following information: 1° The identity and capacity of the magistrate or court issuing it; 2° The subject of and reasons for the decision; 3° The necessary information available on the person or…
The European Investigation Order shall be translated into an official language of the executing State or into one of the official languages of the institutions of the European Union accepted by that State.
The European Investigation Order shall be transmitted directly to the competent authorities of the executing State by any means which leaves a written record and establishes its authenticity. Any other official communication shall be made directly between the instructing magistrate and the executing authority.
The fact that the investigative measure carried out in the executing State has been successfully challenged before the authorities of that State and in accordance with the law of that State does not in itself invalidate the evidence sent to the French judicial authorities, but this evidence cannot serve as the sole basis for convicting the person. Failure to comply with the time limits for execution of the European investigation…
A person detained on national territory may only be transferred to another State for the purposes of executing a European Investigation Order if he or she consents in advance and if his or her transfer is not likely to prolong his or her detention.
When a person detained on the territory of a Member State is transferred to national territory in execution of a European investigation order issued by a French judicial authority, his release may only be ordered at the request of the executing State. The person may not be subject to any prosecution or any measure restricting or depriving him or her of his or her liberty in respect of acts committed…
When an investigation order is issued to determine whether a natural or legal person holds or controls one or more accounts with a banking or financial institution or to obtain information concerning specific bank accounts and banking transactions that have been carried out during a specific period, the magistrate shall state in his request the reasons why he considers that the information requested is likely to be useful in ascertaining…
When issuing an investigation decision in order to obtain technical assistance from a Member State for the purpose of setting up a telecommunications interception, the magistrate shall specify in his request the information necessary to identify the person targeted by the interception request, the desired duration of the interception and all the technical data necessary to set up the measure.
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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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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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