Section 7: Prevention and settlement of conflicts of jurisdiction between Member States of the European Union

In order to avoid the negative consequences of the coexistence of parallel criminal proceedings against the same persons for the same acts in several Member States of the European Union, the French judicial authorities shall communicate with the competent judicial authorities of the Member States in accordance with the provisions of Article 695-9-54, in accordance with the procedures defined by this section.

Exchanges of information between competent authorities shall be made by any means that leaves a written record and under conditions that enable the recipient to verify the origin and authenticity of the information. Without prejudice to the provisions of Article 11 relating to the confidentiality of investigations and enquiries, information exchanged in this way shall be confidential and the procedures for its transmission shall ensure compliance with this principle.

Where the public prosecutor, examining magistrate or president of the court hearing the proceedings has reasonable grounds to believe that proceedings against the same persons for the same acts are underway in another Member State of the European Union, he shall, request confirmation from the competent authority of that State of the existence of parallel proceedings, with a view to entering into direct consultations in order to avoid the possible…

The above request shall contain the following information: a) The contact details of the competent judicial authority; b) A description of the facts which are the subject of the criminal proceedings concerned; c) All relevant information on the identity of the suspected or accused persons and, where appropriate, the victims ; d) The stage reached in the criminal proceedings; e) Where appropriate, information relating to the pre-trial detention or custody…

When the public prosecutor, examining magistrate or president of the court hearing the proceedings is contacted by the judicial authority of a Member State in which criminal proceedings are in progress concerning the same persons for the same facts, he shall send him a reply at the latest within ten days of receipt of the request where the person being prosecuted is in pre-trial detention or in police custody. The…

If the competent judicial authority is unable to provide a response within the time limit set by the requesting authority, it shall so inform the latter and specify the time limit within which it will forward the information requested. If the judicial authority to which the request for information has been addressed is not competent to act on it, it shall forward it without delay to the competent authority and…

Where it is established that parallel proceedings exist, the competent authorities of the Member States concerned shall enter into direct consultations with a view to reaching a consensus on any effective solution which avoids the negative consequences arising from the existence of such proceedings and which may, where appropriate, lead to criminal proceedings being continued in only one State.

While direct consultations are in progress, the competent authorities of the Member States shall inform each other of any important procedural steps and shall respond to requests for information addressed to them. .

If, in the course of the direct consultations undertaken, a consensus has been reached on the continuation of the criminal proceedings in only one Member State, the competent authority of that Member State shall inform the competent authority or authorities of the other Member State or States. .