Recognition of the European protection order may be refused if the order is based: 1° On offences committed wholly, for the most part or for the most part on the territory of the Republic or in a place treated as such; 2° On offences for which the person suspected, prosecuted or convicted has already been finally judged by the courts of another State which is not a member of the…
When deciding to recognise the European protection order, the liberty and custody judge determines the protective measures provided for by French law to ensure the victim’s protection. The measure adopted corresponds, as far as possible, to that adopted in the issuing State. It shall rule by order specifying the measure to be complied with on the territory of the Republic and recalling the provisions of article 434-42-1 of the Penal…
The order of the liberty and custody judge made pursuant to article 696-102 shall be notified without delay to the offender. The offender is also informed by a note in the notification that he or she has a period of five days to submit a request to the Investigating Chamber specifying, on pain of inadmissibility, the legal or factual grounds for his or her challenge. The liberty and custody judge…
The liberty and custody judge shall inform the competent authority of the issuing State, by any means that leaves a written record, as well as the victim, of any refusal decision and specify the reasons for it within ten days of his decision. On this occasion, it shall inform the victim that he or she has a period of five days in which to refer the matter to the Investigating…
The public prosecutor shall inform the competent authority of the issuing State without delay, by any means that leaves a written record, of any breach of measures enforceable on the territory of the Republic.
When the liberty and custody judge has been informed by the competent authority of the issuing State of a change in the measures on which the European protection order is based, he shall amend the measures recognised and enforced accordingly. If these measures no longer fall within those mentioned in article 696-90, he shall release the measure enforceable in France.
The liberty and custody judge shall terminate the enforcement of the protection order as soon as he is informed by the competent authority of the issuing State of its revocation. He may also terminate these measures: 1° Where there is evidence that the victim does not reside or stay in the territory of the Republic, or has left it; 2° Where, following the modification by the issuing State of the…
Deputed European Public Prosecutors shall have jurisdiction throughout the national territory to investigate, prosecute and refer for trial the perpetrators and accomplices of the criminal offences affecting the European Union’s financial interests referred to in Articles 4, 22, 23 and 25 of Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation regarding the establishment of the European Public Prosecutor’s Office, which are committed after 20 November 2017.
For offences within their jurisdiction, the Deputy European Public Prosecutors shall exercise, pursuant to Articles 4 and 13 of the aforementioned Council Regulation (EU) 2017/1939 of 12 October 2017, the powers of the public prosecutor and the public prosecutor at the court of appeal, including for the application of Articles 12,12-1,225 and 229-1 of this code and for the exercise of remedies. Article 30, the first sentence of article 33,…
Proceedings brought before the Deputy European Public Prosecutors fall within the jurisdiction of the Paris courts, both at first instance and on appeal. By way of derogation from Articles 206,207,207-1,221-1 to 221-3, the Investigating Chamber of the Paris Court of Appeal may not raise these proceedings.
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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
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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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