Unless otherwise provided for by this Code, requests for mutual legal assistance in criminal matters between France and the other Member States of the European Union shall be made via European Investigation Decisions, in accordance with the provisions of this section.
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…
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…
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…
The detailed rules for the application of this section shall be specified by decree.
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…
The European Investigation Order shall be translated into an official language of the executing State or into one of the official languages of the institutions of the European Union accepted by that State.
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.
The fact that the investigative measure carried out in the executing State has been successfully challenged before the authorities of that State and in accordance with the law of that State does not in itself invalidate the evidence sent to the French judicial authorities, but this evidence cannot serve as the sole basis for convicting the person. Failure to comply with the time limits for execution of the European investigation…
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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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