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.
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.
Where measures executed on national territory pursuant to a European Investigation Order could, if they had been executed in the context of a national procedure, have been the subject of a challenge, an application for a declaration of nullity or any other form of appeal pursuant to the provisions of this Code, such appeals may, under the same conditions and in accordance with the same procedures, be lodged against these…
The reports, objects seized and any other evidence gathered in execution of the investigation decision shall be handed over to the issuing authority as soon as possible. The magistrate hearing the case may decide to suspend such handover pending a decision on the appeal lodged against an act implementing the investigation decision, unless there are sufficient grounds for considering that immediate handover is essential for the proper conduct of the…
Where the European investigation decision relates to an infringement of taxes or duties, customs and exchange, its recognition may not be refused on the grounds that French law does not impose the same type of tax or duty or provides for different provisions relating to taxes, duties, customs or exchange.
The provisions of article 694-26 are applicable to the transfer of a person detained in the issuing State for the purposes of executing an investigation decision issued by a Member State and requiring his presence on national territory.
Where the issuing State requests, under a European Investigation Order, the temporary transfer of a person detained in France, the judge hearing the case may, without prejudice to the provisions of Article 694-31, refuse to execute the request if the person concerned opposes it or if his transfer is likely to prolong the duration of his detention. If the request concerns a minor or an adult benefiting from a protective…
Where an investigative decision is requested to provisionally prevent the destruction, transformation, moving, transfer or disposal of items likely to be used as evidence, the magistrate shall give his decision as soon as possible and, if possible, within twenty-four hours of receiving it. Where the issuing authority requests, in the decision, that the items seized pursuant to the first paragraph be transferred to the issuing State, the provisions of Article…
Where the issuing State requests, under a European Investigation Order, the implementation of an undercover measure on national territory, the terms and conditions of the measure relating to the duration of the undercover measure, its precise terms and conditions or the legal status of the undercover agents shall be determined by mutual agreement between the magistrate to whom the matter is referred and the competent authority of the issuing State….
Where the issuing State requests, under a European Investigation Order, the hearing of a person by means of audiovisual communication in accordance with the procedures laid down in Article 706-71, the judge hearing the case may, without prejudice to the provisions of Article 694-31, refuse to execute the request if it concerns the hearing of a suspected or accused person and if that person objects. In the case of the…
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
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
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
Resources
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
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.
