Article 695-9-34 of the French Code of Criminal Procedure
November 7, 2023
The information obtained may only be used as evidence with the consent of the Member State that transmitted it.
The information obtained may only be used as evidence with the consent of the Member State that transmitted it.
The information obtained may be used for purposes other than those for which it was communicated only with the agreement of the Member State which transmitted it. However, even in the absence of agreement, it may be used to prevent a serious and immediate threat to public security. Furthermore, the provisions of the first paragraph do not prevent the judicial authorities from exercising their powers under Articles 12 and 13….
At the request of the Member State which transmitted the information, the service or unit which obtained it shall inform the competent service of that State of the use made of it.
The services and units referred to in Article 695-9-31 shall, at their request, forward to the competent services of the Member States the information, referred to in the same Article, that is useful for the prevention of an offence or for investigations to establish proof thereof or to track down the perpetrators.
If there are facts to suggest that information referred to in Article 695-9-31 could be useful to another Member State either in preventing an offence falling within one of the categories listed in Article 694-32 and punishable in France by a custodial sentence of at least three years’ imprisonment, or in order to conduct investigations to establish proof or to track down the perpetrators of such an offence, the service…
When information held by the services and units mentioned in Article 695-9-31 have been transmitted to them by a Member State on the basis of the provisions of Framework Decision 2006/960/JHA, they may only be transmitted to another Member State with the agreement of the State which had transmitted them and under the conditions set by it. Where the information held by these same services or units had been transmitted…
Information may only be transmitted to the competent services of the Member State that requested it with the prior authorisation of a magistrate whenever such authorisation is required in France to access the same information or to transmit it to a criminal investigation department or unit. Where such authorisation is required, the department or unit from which the information is requested shall request it from the competent magistrate. Documents from…
The departments and units referred to in Article 695-9-31 may refuse to provide the information requested by a Member State only if there are grounds for supposing that providing it : 1° Would undermine the fundamental national security interests of the State; 2° Would prejudice the conduct of criminal investigations or jeopardise the safety of individuals; 3° Or would be manifestly disproportionate or pointless in relation to the purposes for…
The departments and units referred to in Article 695-9-31 may refuse to transmit the information requested where it relates to an offence punishable in France by a term of imprisonment of up to one year and where it does not appear to them to be of sufficient interest to justify the constraints attached to its transmission.
When the information is transmitted, the department or unit referred to in Article 695-9-31 shall inform the receiving department of the conditions under which it will be used. Whenever it considers it useful, it may ask the recipient department to inform it of the use that has been made of the information transmitted.
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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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