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Subsection 1: Provisions relating to the issuing of a European Investigation Order by the French judicial authorities

Article 694-21 of the French Code of Criminal Procedure

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…

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Article 694-23 of the French Code of Criminal Procedure

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.

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Article 694-24 of the French Code of Criminal Procedure

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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Article 694-26 of the French Code of Criminal Procedure

When a person detained on the territory of a Member State is transferred to national territory in execution of a European investigation order issued by a French judicial authority, his release may only be ordered at the request of the executing State. The person may not be subject to any prosecution or any measure restricting or depriving him or her of his or her liberty in respect of acts committed…

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Article 694-27 of the French Code of Criminal Procedure

When an investigation order is issued to determine whether a natural or legal person holds or controls one or more accounts with a banking or financial institution or to obtain information concerning specific bank accounts and banking transactions that have been carried out during a specific period, the magistrate shall state in his request the reasons why he considers that the information requested is likely to be useful in ascertaining…

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Article 694-28 of the French Code of Criminal Procedure

When issuing an investigation decision in order to obtain technical assistance from a Member State for the purpose of setting up a telecommunications interception, the magistrate shall specify in his request the information necessary to identify the person targeted by the interception request, the desired duration of the interception and all the technical data necessary to set up the measure.

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