Fiches Belges
Measure Implementation
Measure possibility

Legal Framework
Applicable Framework

Competent authority
Request/decision
Execute/recognise measure

Accepted Languages
Languages

Execution Deadline
Deadlines

Legal info
Special requirements
Other information

Fiches Belges: Франция

Инспектиране и претърсване на местопрестъплението (602)

1. MEASURE IMPLEMENTATION

Франция

Is this measure possible in your Member State under International Judicial Cooperation?

Descending upon the premises enables the officials conducting the search to directly observe various circumstances (such as traces, sites or objects) which could provide information about the commission of an offence or the identity of the perpetrator. The value of this measure becomes particularly apparent in cases of flagrante delicto.

2. LEGAL FRAMEWORK

Франция

International legal framework applicable for this measure in your Member State

The Convention on Mutual Assistance in Criminal Matters of 29 May 2000. Failing that, the Convention of 14 June 1985 Implementing the Schengen Agreement.

3. COMPETENT AUTHORITY TO:

Франция

* receive the request/decision for judicial cooperation

The public prosecutor himself/herself may descend upon the premises (articles 68 and 74 of the Code of Criminal Procedure) and has the exclusive authority to exercise the powers provided for by articles 53-68 of the Code of Criminal Procedure. The investigating judge may visit the premises in order to conduct any useful observations, searches (article 92 of the Code of Criminal Procedure) and any actions necessary for the judicial investigation (article 151 of the Code of Criminal Procedure).

* execute/recognise the measure (if other than the receiving authority)

N/A

4. ACCEPTED LANGUAGES

Франция

Accepted languages for the request/decision

A translation in French is not required (article 16 of the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959. The Additional Protocols to this Convention, and the MLA Convention of 29 May 2000, simply complement the original Convention and do not raise any question of translation requirements) but it is nonetheless recommended that a translation be provided, in order to facilitate and expedite the execution of the request for assistance.

5. EXECUTION DEADLINE

Франция

Deadlines for the execution of the request/decision (where applicable)

Data not available.

6. CONCISE LEGAL PRACTICAL INFORMATION

Франция

a. Special requirements

Descending upon the premises enables the officials conducting the search to directly observe various circumstances (such as traces, sites or objects) which could provide information about the commission of an offence or the identity of the perpetrator. The value of this measure becomes particularly apparent in cases of flagrante delicto. To be present at the execution of this measure it is necessary to obtain the authorisation of the magistrate in charge of the execution of the request.

b. Other useful information

N/A

Last reviewed on 6 юли 2016 by Секретариат на ЕСМ

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