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Article 696-91 of the French Code of Criminal Procedure

A European protection order may be issued by the public prosecutor at the request of the victim or the victim’s legal representative. The victim shall be informed of this right when one of the prohibitions mentioned in Article 696-90 is issued in his or her favour. The competent public prosecutor is the one attached to the judicial court within whose jurisdiction is located the competent authority that ordered the prohibition…

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Article 696-92 of the French Code of Criminal Procedure

The public prosecutor checks whether the decision establishing the protective measure was adopted in an adversarial procedure. If this is not the case, the public prosecutor notifies the offender of the decision or judgment containing the protective measures whose effects he intends to extend, before taking the European protection decision.

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Article 696-93 of the French Code of Criminal Procedure

When a request is made for a European protection order to be issued, the public prosecutor assesses the need to grant it, taking into account in particular the length of time the victim intends to stay in the executing State. He may carry out or arrange for any further investigations he deems useful.

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Article 696-94 of the French Code of Criminal Procedure

Protection measures which are based on a decision, order, judgment or ruling which has been transmitted for enforcement to another Member State pursuant to articles 696-48 to 696-65 or articles 764-1 to 764-17 may not give rise to the issue in France of a European protection order.

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Article 696-95 of the French Code of Criminal Procedure

The public prosecutor shall transmit the European protection order to the competent authority of the executing State by any means that leaves a written record and under conditions that enable the addressee to verify its authenticity, accompanied by its translation either into one of the official languages of the executing State or into one of those of the institutions of the European Union accepted by that State. The public prosecutor…

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Article 696-96 of the French Code of Criminal Procedure

The judicial authority which issued the decision on the basis of which the public prosecutor issued a European protection order shall inform the latter: 1° Of any modification or revocation of that measure; 2° Of the transfer of the execution of that measure to another Member State, known as the supervising State, pursuant to the articles 696-48 to 696-65 or of the articles 764-1 to 764-17, where this transfer has…

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Article 696-97 of the French Code of Criminal Procedure

The public prosecutor receives requests for the recognition and enforcement on the territory of the Republic of European protection decisions issued by the competent authorities of other Member States. The competent public prosecutor is the one in whose jurisdiction the victim intends to stay or reside. Failing this, the public prosecutor at the Paris judicial court has jurisdiction. If the public prosecutor to whom the European protection order has been…

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Article 696-98 of the French Code of Criminal Procedure

The public prosecutor may carry out or arrange for any further investigations that he or she considers useful. If he considers that the information accompanying the European protection order is incomplete, he shall immediately inform the competent authority of the issuing State and give it a maximum of ten days to provide the information requested.

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Article 696-99 of the French Code of Criminal Procedure

Within seven working days of receiving the European protection order or the additional information requested pursuant to Article 696-98, the public prosecutor shall submit the request for recognition and enforcement of the European protection order to the liberty and custody judge, together with his or her submissions. The liberty and custody judge shall rule on applications for recognition of European protection decisions within ten days of the referral by the…

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Article 696-100 of the French Code of Criminal Procedure

Recognition of the European protection order shall be refused in the following cases: 1° The European protection order is incomplete or has not been completed within the time limit set by the competent authority of the executing State; 2° The conditions set out in Article 696-90 are not fulfilled; 3° The protection measure was ordered on the basis of conduct that does not constitute an offence under French law; 4°…

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