Failure to comply with the information obligations set out in articles D. 47-1-10, D. 47-1-11, D. 47-1-14 and D. 47-1-16 does not constitute grounds for nullity.
The provisions of Article D. 47-1-7 are applicable in the case provided for by article 694-44, the transfer to national territory of a person detained in the issuing State for the purposes of executing a European investigation decision.
When, for the execution of a European investigation request issued by a Member State to another Member State, a detained person must transit through national territory, such transit shall be authorised by the Director of Criminal Affairs and Pardons of the Ministry of Justice upon presentation of a request, accompanied by all the necessary documents. During this transit, the provisions of the first paragraph of article 694-26 shall apply.
For the purposes of Article 694-48, where the issuing State requests, under a European Investigation Order, the hearing of a person by videoconference, the practical arrangements for the hearing, which must be carried out in accordance with the provisions of the law of the issuing State, shall be agreed in advance with the authorities of that State, specifying in particular the time and place of the hearing, the identification details…
In order to avoid the negative consequences of the coexistence of parallel criminal proceedings against the same persons for the same acts in several Member States of the European Union, the French judicial authorities shall communicate with the competent judicial authorities of the Member States in accordance with the provisions of Article 695-9-54, in accordance with the procedures defined by this section.
Exchanges of information between competent authorities shall be made by any means that leaves a written record and under conditions that enable the recipient to verify the origin and authenticity of the information. Without prejudice to the provisions of Article 11 relating to the confidentiality of investigations and enquiries, information exchanged in this way shall be confidential and the procedures for its transmission shall ensure compliance with this principle.
Where the public prosecutor, examining magistrate or president of the court hearing the proceedings has reasonable grounds to believe that proceedings against the same persons for the same acts are underway in another Member State of the European Union, he shall, request confirmation from the competent authority of that State of the existence of parallel proceedings, with a view to entering into direct consultations in order to avoid the possible…
The above request shall contain the following information: a) The contact details of the competent judicial authority; b) A description of the facts which are the subject of the criminal proceedings concerned; c) All relevant information on the identity of the suspected or accused persons and, where appropriate, the victims ; d) The stage reached in the criminal proceedings; e) Where appropriate, information relating to the pre-trial detention or custody…
When the public prosecutor, examining magistrate or president of the court hearing the proceedings is contacted by the judicial authority of a Member State in which criminal proceedings are in progress concerning the same persons for the same facts, he shall send him a reply at the latest within ten days of receipt of the request where the person being prosecuted is in pre-trial detention or in police custody. The…
If the competent judicial authority is unable to provide a response within the time limit set by the requesting authority, it shall so inform the latter and specify the time limit within which it will forward the information requested. If the judicial authority to which the request for information has been addressed is not competent to act on it, it shall forward it without delay to the competent authority and…
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
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
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
Resources
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
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.
