The investigation decision shall be executed in accordance with the formalities and procedures expressly indicated by the issuing authority, unless the law provides otherwise and provided, on pain of nullity, that these rules do not reduce the rights of the parties and the procedural guarantees applying the fundamental principles provided for in the preliminary article of this code.
The investigation decision shall be executed as soon as possible and at the latest within ninety days of the date of the decision provided for in Article 694-35. If special circumstances justify an extension of this period, the issuing authority is immediately informed, together with the reasons for the extension and the foreseeable date of execution of the investigation decision. The investigating magistrate may decide to postpone the execution of…
Where the investigative measure requested is not provided for in this Code or where it could not be carried out under a similar national procedure, the magistrate hearing the case shall, wherever possible, have recourse to any other investigative measure that makes it possible to obtain the information requested by the issuing authority. However, subject to the provisions of Article 694-31 and Article 694-34, it must always grant the requests…
The judge hearing the case may refuse the assistance of the authorities of the issuing State in the execution of the investigation decision on national territory only if it appears likely to reduce the rights of the parties and the procedural guarantees applying the fundamental principles provided for in the preliminary article or likely to harm the fundamental interests of the Nation.
If, in the course of executing the investigation decision, the investigating magistrate deems it appropriate to initiate investigative measures not initially planned or which could not be specified when the European investigation decision was issued, he or she shall inform the issuing authority without delay so that it can request new measures if necessary.
Where measures executed on national territory pursuant to a European Investigation Order could, if they had been executed in the context of a national procedure, have been the subject of a challenge, an application for a declaration of nullity or any other form of appeal pursuant to the provisions of this Code, such appeals may, under the same conditions and in accordance with the same procedures, be lodged against these…
The reports, objects seized and any other evidence gathered in execution of the investigation decision shall be handed over to the issuing authority as soon as possible. The magistrate hearing the case may decide to suspend such handover pending a decision on the appeal lodged against an act implementing the investigation decision, unless there are sufficient grounds for considering that immediate handover is essential for the proper conduct of the…
Where the European investigation decision relates to an infringement of taxes or duties, customs and exchange, its recognition may not be refused on the grounds that French law does not impose the same type of tax or duty or provides for different provisions relating to taxes, duties, customs or exchange.
The provisions of article 694-26 are applicable to the transfer of a person detained in the issuing State for the purposes of executing an investigation decision issued by a Member State and requiring his presence on national territory.
Where the issuing State requests, under a European Investigation Order, the temporary transfer of a person detained in France, the judge hearing the case may, without prejudice to the provisions of Article 694-31, refuse to execute the request if the person concerned opposes it or if his transfer is likely to prolong the duration of his detention. If the request concerns a minor or an adult benefiting from a protective…
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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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