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Section 6: Simplified exchange of information between departments pursuant to the Framework Decision of the Council of the European Union of 18 December 2006

Article 695-9-31 of the French Code of Criminal Procedure

For the application of Council Framework Decision 2006/960/JHA of 18 December 2006, the services or units of the national police, the national gendarmerie, the Directorate-General for Customs and Excise and the Directorate-General for Public Finances designated by order of the Minister for Justice and, as appropriate, the Minister for the Interior or the Minister for the Budget may, under the conditions laid down in this section, for the purposes of…

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Article 695-9-33 of the French Code of Criminal Procedure

If there are reasons to assume that a Member State holds information falling within the scope of Article 695-9-31 useful for the prevention of an offence or for investigations to establish proof thereof or to track down the perpetrators, the services and units referred to in the same Article may request that it be passed on to the competent services of that State. The request for transmission shall set out…

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Article 695-9-35 of the French Code of Criminal Procedure

The information obtained may be used for purposes other than those for which it was communicated only with the agreement of the Member State which transmitted it. However, even in the absence of agreement, it may be used to prevent a serious and immediate threat to public security. Furthermore, the provisions of the first paragraph do not prevent the judicial authorities from exercising their powers under Articles 12 and 13….

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Article 695-9-37 of the French Code of Criminal Procedure

The services and units referred to in Article 695-9-31 shall, at their request, forward to the competent services of the Member States the information, referred to in the same Article, that is useful for the prevention of an offence or for investigations to establish proof thereof or to track down the perpetrators.

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Article 695-9-38 of the French Code of Criminal Procedure

If there are facts to suggest that information referred to in Article 695-9-31 could be useful to another Member State either in preventing an offence falling within one of the categories listed in Article 694-32 and punishable in France by a custodial sentence of at least three years’ imprisonment, or in order to conduct investigations to establish proof or to track down the perpetrators of such an offence, the service…

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Article 695-9-39 of the French Code of Criminal Procedure

When information held by the services and units mentioned in Article 695-9-31 have been transmitted to them by a Member State on the basis of the provisions of Framework Decision 2006/960/JHA, they may only be transmitted to another Member State with the agreement of the State which had transmitted them and under the conditions set by it. Where the information held by these same services or units had been transmitted…

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Article 695-9-40 of the French Code of Criminal Procedure

Information may only be transmitted to the competent services of the Member State that requested it with the prior authorisation of a magistrate whenever such authorisation is required in France to access the same information or to transmit it to a criminal investigation department or unit. Where such authorisation is required, the department or unit from which the information is requested shall request it from the competent magistrate. Documents from…

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