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French Code of Criminal Procedure

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Article D47-1-7 of the French Code of Criminal Procedure

November 6, 2023

For the application of articles 694-25 and 694-26, the practical arrangements for the temporary transfer or transit of a person, including, where appropriate, details of the conditions of detention in the issuing or executing State, and the time limits by which he or she is to be transferred from and returned to the territory of the executing State shall be determined by mutual agreement between the issuing State and the…

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Article D47-1-8 of the French Code of Criminal Procedure

November 6, 2023

For the application of Article 694-28, where more than one Member State is able to provide the full necessary technical assistance for the same interception of telecommunications, the European Investigation Order shall be addressed by priority to the Member State on whose territory the target of the interception is or will be located. The magistrate who has issued a European Investigation Order for the interception of telecommunications shall determine, by…

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Article D47-1-9 of the French Code of Criminal Procedure

November 6, 2023

If the European Investigation Order calls for a hearing to be conducted using telecommunication means, but the executing Member State does not have the technical means to do so, the magistrate who issued the order may, by mutual agreement with the executing authority, make technical means available to the latter.

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Article D47-1-10 of the French Code of Criminal Procedure

November 6, 2023

The public prosecutor or examining magistrate of the territorially competent judicial court to whom the European Investigation Order is addressed shall acknowledge receipt thereof without delay, and in any event within one week of receipt, using the form set out in Annex B to Directive 2014/41/EU of 3 April 2014 referred to above.

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Article D47-1-11 of the French Code of Criminal Procedure

November 6, 2023

If the EIO is mistakenly addressed to the public prosecutor or to a public prosecutor who does not have territorial jurisdiction, the latter shall forward it without delay to the public prosecutor or investigating magistrate of the judicial court with territorial jurisdiction and shall immediately inform the issuing authority using the form in Annex B referred to above. .

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Article D47-1-14 of the French Code of Criminal Procedure

November 6, 2023

Where the formalities and procedures expressly indicated by the issuing authority in the European Investigation Order cannot be complied with, the magistrate to whom the matter has been referred shall inform the issuing authority without delay by any means capable of producing a written record. Where the investigative measure indicated in the EIO is not provided for by this Code or could not be carried out in a similar national…

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Article D47-1-15 of the French Code of Criminal Procedure

November 6, 2023

Where the issuing authority has indicated in the European Investigation Decision that, because of procedural deadlines, the seriousness of the infringement or other particularly urgent circumstances, a shorter period than those provided for in Articles 694-35 and 694-37 is necessary, or if the issuing authority has indicated in the EIO that the investigative measure must be executed by a specific date, the magistrate hearing the case shall take this requirement…

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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
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75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396

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