When a person detained on the territory of a Member State is transferred to national territory in execution of a European investigation order issued by a French judicial authority, his release may only be ordered at the request of the executing State. The person may not be subject to any prosecution or any measure restricting or depriving him or her of his or her liberty in respect of acts committed…
When an investigation order is issued to determine whether a natural or legal person holds or controls one or more accounts with a banking or financial institution or to obtain information concerning specific bank accounts and banking transactions that have been carried out during a specific period, the magistrate shall state in his request the reasons why he considers that the information requested is likely to be useful in ascertaining…
When issuing an investigation decision in order to obtain technical assistance from a Member State for the purpose of setting up a telecommunications interception, the magistrate shall specify in his request the information necessary to identify the person targeted by the interception request, the desired duration of the interception and all the technical data necessary to set up the measure.
Any European investigation decision sent to the French authorities must be issued or validated by a judicial authority. This decision may concern, in the issuing State, either criminal proceedings or proceedings which do not relate to criminal offences but which are brought against natural or legal persons by administrative or judicial authorities for acts punishable in the issuing State as infringements of the rules of law and by a decision…
The European investigation decision intended for the French authorities shall be sent, according to the distinctions provided for in the second and third paragraphs, to the public prosecutor or the investigating judge of the judicial court with territorial jurisdiction to execute the requested measure. Where the investigative decision relates to acts that can only be ordered or carried out in the course of a preparatory investigation, or that can only…
The magistrate to whom the matter is referred shall refuse to recognise or execute a European investigation order in one of the following cases: 1° If a privilege or immunity is an obstacle to its execution; where such privilege or immunity is likely to be lifted by a French authority, recognition and execution of the decision shall be refused only after the magistrate seised has addressed a request for the…
The categories of offences for which an investigation decision may not be refused pursuant to 8° of article 694-31 are as follows:
The measures for which an investigation decision may not be refused pursuant to 8° and 9° of Article 694-31 are as follows: 1° Obtaining information or evidence which is already in the possession of the French authorities and which could have been obtained, pursuant to national law, in the context of criminal proceedings or for the purposes of the European Investigation Order; 2° Obtaining information contained in automated processing of…
If the execution of the European Investigation Order is likely to harm essential national security interests, endanger the source of information or involve the use of information that has been classified pursuant to the provisions of article 413-9 of the Penal Code and relating to intelligence activities, the provisions of articles 694-4 and 694-4-1 of this Code shall apply, and recognition or enforcement of the European Investigation Order may be…
The judge hearing the case shall take the decision on the recognition or execution of the European Investigation Order with the same speed and priority as in similar national proceedings and no later than thirty days after receipt of the European Investigation Order. If it is not possible, in a specific case, to meet this deadline, it shall inform the competent authority of the issuing State without delay by any…
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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
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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