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

Article R49-35 of the French Code of Criminal Procedure

The request for transmission drawn up, pursuant to Article 695-9-33, by the departments or units mentioned in Article 695-9-31, shall contain the information listed in the model in Annex B to Framework Decision 2006/960/JHA of 18 December 2006 and specifying, in particular: 1° The expected time limit for transmitting the information and, where appropriate, the reasons for the urgent processing requested; 2° The circumstances in which the offence was committed;…

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Article R49-36 of the French Code of Criminal Procedure

Where, on the one hand, the request for information relates to an offence falling within one of the categories listed in Article 695-23 and punishable in France by a custodial sentence of at least three years’ imprisonment and, secondly, the information requested is directly accessible in an automated data processing system, the services and units mentioned in Article 685-9-31 may ask the competent service of the requested State to forward…

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Article R49-37 of the French Code of Criminal Procedure

Subject to the provisions of Article R. 49-38, where a request for information from a competent department of one of the Member States of the European Union or of one of the non-Member States mentioned in Article 695-9-48 falls within the scope of the first paragraph of article R. 49-36, the departments and units mentioned in article 695-9-31 shall respond, in the event of an emergency, within a maximum of…

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Article R49-38 of the French Code of Criminal Procedure

The departments and units referred to in Article 695-9-31 may postpone their response if they are unable to provide the information requested within the time limit set pursuant to Article R. 49-37. They shall indicate the reasons for this postponement to the competent service of the requesting State using a form drawn up in accordance with Annex A to Framework Decision 2006/960/JHA of 18 December 2006. When the departments and…

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Article R49-39 of the French Code of Criminal Procedure

Where they are unable to respond to a request for information or where they refuse to respond to such a request for one of the reasons provided for in articles 695-9-39 to 695-9-42, the departments and units mentioned in Article R. 695-9-31 shall inform the competent department of the requesting State. In the case provided for in Article 695-9-44, they shall inform the competent service of the requesting State of…

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Article R49-40 of the French Code of Criminal Procedure

When, pursuant to the provisions of Articles 694-14 to 695-9-57, the departments and units mentioned in Article 695-9-31 transmit information obtained from the department mentioned in Article L. 561-23 of the Monetary and Financial Code to the competent services of the other Member States of the Union, they shall use specific secure electronic means of communication guaranteeing a high level of data security.

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Article R49-42 of the French Code of Criminal Procedure

The public prosecutor, the investigating judge and the officers or agents of the judicial police mentioned in articles 60-1,77-1-1 and 99-3 keep registers enabling the traceability of requests received from foreign counterpart authorities and Europol and relating to the communication of information emanating from the service mentioned in Article L. 561-23 of the Monetary and Financial Code or declarations mentioned in the article 1649 A du code général des impôts….

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