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Chapter II: Provisions specific to mutual assistance between France and the other Member States of the European Union

Article 694-16 of the French Code of Criminal Procedure

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…

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Article 694-17 of the French Code of Criminal Procedure

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…

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Article 694-18 of the French Code of Criminal Procedure

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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Article 694-21 of the French Code of Criminal Procedure

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…

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Article 694-23 of the French Code of Criminal Procedure

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.

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