If the letter rogatory has been transmitted irregularly, the judge assigned may of his own motion or at the request of the public prosecutor refuse to execute it; he may also, at the request of the public prosecutor, rescind the measures he has already taken and annul the acts recording the execution of the letter rogatory.
The decision by which the judge refuses to execute a letter rogatory, cancels the acts recording its execution, reports the measures he has taken or refuses to report them must state the reasons. The parties and the public prosecutor may appeal against the decision. The time limit for appeal is fifteen days; it is not increased on account of distances.
The documents recording the execution of the letter rogatory or the decision by which the judge refuses to execute it shall be transmitted to the issuing court by the same channels as those by which the letter rogatory was transmitted to the requested court. .
If so requested in the letter rogatory, and provided that the investigative measure prescribes that a hearing be conducted exclusively, the Ministry of Justice may authorise its direct execution by the foreign court, in particular by videoconference, without constraint or possible sanction. .
If the foreign court’s request is granted, the Ministry of Justice shall indicate the conditions under which the investigative measure is to be carried out and, where appropriate, designate the competent judicial court responsible for assisting the foreign court in carrying out the investigative measure.
The execution of letters rogatory shall take place without charge or tax. However, the sums due to witnesses, experts, interpreters and any person giving assistance in the execution of the letters rogatory shall be borne by the foreign authority. The same shall apply to costs resulting from the application of a particular form of proceeding at the request of the issuing court.
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RCS Paris n°814433470
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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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