If the EIO is mistakenly addressed to the public prosecutor or to a public prosecutor who does not have territorial jurisdiction, the latter shall forward it without delay to the public prosecutor or investigating magistrate of the judicial court with territorial jurisdiction and shall immediately inform the issuing authority using the form in Annex B referred to above. .
If the investigation decision has not been issued or validated by a judicial authority, or if it has not been drafted or translated into French, or if Annex A is not complete, the decision is returned to the issuing authority for regularisation.
Instructions ordering the execution of the requested measure shall constitute recognition of the investigation decision and need not be notified to the issuing authority.
Where the formalities and procedures expressly indicated by the issuing authority in the European Investigation Order cannot be complied with, the magistrate to whom the matter has been referred shall inform the issuing authority without delay by any means capable of producing a written record. Where the investigative measure indicated in the EIO is not provided for by this Code or could not be carried out in a similar national…
Where the issuing authority has indicated in the European Investigation Decision that, because of procedural deadlines, the seriousness of the infringement or other particularly urgent circumstances, a shorter period than those provided for in Articles 694-35 and 694-37 is necessary, or if the issuing authority has indicated in the EIO that the investigative measure must be executed by a specific date, the magistrate hearing the case shall take this requirement…
If an appeal is lodged against the recognition or execution of the EIO, the magistrate hearing the appeal shall inform the issuing authority of the appeal and its outcome. .
Failure to comply with the information obligations set out in articles D. 47-1-10, D. 47-1-11, D. 47-1-14 and D. 47-1-16 does not constitute grounds for nullity.
The provisions of Article D. 47-1-7 are applicable in the case provided for by article 694-44, the transfer to national territory of a person detained in the issuing State for the purposes of executing a European investigation decision.
When, for the execution of a European investigation request issued by a Member State to another Member State, a detained person must transit through national territory, such transit shall be authorised by the Director of Criminal Affairs and Pardons of the Ministry of Justice upon presentation of a request, accompanied by all the necessary documents. During this transit, the provisions of the first paragraph of article 694-26 shall apply.
For the purposes of Article 694-48, where the issuing State requests, under a European Investigation Order, the hearing of a person by videoconference, the practical arrangements for the hearing, which must be carried out in accordance with the provisions of the law of the issuing State, shall be agreed in advance with the authorities of that State, specifying in particular the time and place of the hearing, the identification details…
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.
