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…
Where the issuing State requests, under a European Investigation Order, the execution of an investigative measure that requires evidence to be obtained in real time, on a continuous basis and over a specified period, the practical arrangements for the measure shall be determined by mutual agreement between the magistrate to whom the request is made and the competent authority of the issuing State. The provisions of the first subparagraph shall…
The costs of executing European mutual assistance requests shall be borne by the executing State, except, where they may be considered exceptionally high, to be shared with the issuing State in the event of agreement between the competent authorities or, failing that, to be borne by the issuing State. However, the issuing State shall always bear the costs occasioned by a European Investigation Order concerning: 1° The transfer of the…
With the prior agreement of the Minister of Justice and the consent of the other Member State(s) concerned, the competent judicial authority may set up a joint investigation team, either when it is necessary to carry out, in the context of French proceedings, complex investigations involving the mobilisation of significant resources and which concern other Member States, or when several Member States carry out investigations into offences requiring coordinated and…
Within the framework of the joint investigation team, French judicial police officers and agents seconded to a joint investigation team may carry out operations prescribed by the team leader, throughout the territory of the State in which they are operating, within the limits of the powers granted to them by this Code. Their tasks shall be defined by the authority of the Member State competent to lead the joint investigation…
The Eurojust Agency, a body of the European Union with legal personality acting as a college or through the national member, shall be responsible for promoting and improving coordination and cooperation between the competent authorities of the Member States of the European Union in all investigations and prosecutions falling within its competence. The Eurojust Agency may also, with the agreement of the Member States concerned: 1° Coordinate the execution of…
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.
