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Article R49-36 of the French Code of Criminal Procedure

Where, on the one hand, the request for information relates to an offence falling within one of the categories listed in Article 695-23 and punishable in France by a custodial sentence of at least three years’ imprisonment and, secondly, the information requested is directly accessible in an automated data processing system, the services and units mentioned in Article 685-9-31 may ask the competent service of the requested State to forward…

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Article R49-37 of the French Code of Criminal Procedure

Subject to the provisions of Article R. 49-38, where a request for information from a competent department of one of the Member States of the European Union or of one of the non-Member States mentioned in Article 695-9-48 falls within the scope of the first paragraph of article R. 49-36, the departments and units mentioned in article 695-9-31 shall respond, in the event of an emergency, within a maximum of…

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Article R49-38 of the French Code of Criminal Procedure

The departments and units referred to in Article 695-9-31 may postpone their response if they are unable to provide the information requested within the time limit set pursuant to Article R. 49-37. They shall indicate the reasons for this postponement to the competent service of the requesting State using a form drawn up in accordance with Annex A to Framework Decision 2006/960/JHA of 18 December 2006. When the departments and…

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Article R49-39 of the French Code of Criminal Procedure

Where they are unable to respond to a request for information or where they refuse to respond to such a request for one of the reasons provided for in articles 695-9-39 to 695-9-42, the departments and units mentioned in Article R. 695-9-31 shall inform the competent department of the requesting State. In the case provided for in Article 695-9-44, they shall inform the competent service of the requesting State of…

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Article R49-40 of the French Code of Criminal Procedure

When, pursuant to the provisions of Articles 694-14 to 695-9-57, the departments and units mentioned in Article 695-9-31 transmit information obtained from the department mentioned in Article L. 561-23 of the Monetary and Financial Code to the competent services of the other Member States of the Union, they shall use specific secure electronic means of communication guaranteeing a high level of data security.

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Article R49-42 of the French Code of Criminal Procedure

The public prosecutor, the investigating judge and the officers or agents of the judicial police mentioned in articles 60-1,77-1-1 and 99-3 keep registers enabling the traceability of requests received from foreign counterpart authorities and Europol and relating to the communication of information emanating from the service mentioned in Article L. 561-23 of the Monetary and Financial Code or declarations mentioned in the article 1649 A du code général des impôts….

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Article R50 ter of the French Code of Criminal Procedure

Non-civil servants fulfilling the conditions set out in the first paragraph of Article 706 are recruited as contract agents. The décret n° 86-83 du 17 janvier 1986 relatif aux dispositions générales applicables aux agents non titulaires de l’Etat shall apply to them. Their contract includes a three-month trial period.

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Article R50 quater of the French Code of Criminal Procedure

The order of secondment or secondment for civil servants, or the contract for contract staff, specifies the court of appeal within whose jurisdiction the specialist assistant will perform his or her duties on a principal basis. It may provide that the specialist assistant will also perform his or her duties on an ancillary basis within the jurisdiction of other courts of appeal.

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