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

Изслушване на лица, сътрудничещи на разследването (706)

1. MEASURE IMPLEMENTATION

Франция

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

Yes There is no text in French criminal law which specifically regulates the hearing of persons collaborating with the inquiry. Certain provisions of the Code of Criminal Procedure provide as follows: Provision for the person to declare his address as being the address of the police station or gendarmerie (police station) where the hearing has taken place or at the place where he carries out his profession (art. 706-57): persons in relation to whom there is no plausible reason to suspect that they have committed or attempted to commit an offence and who are capable of providing evidence concerning the proceedings may, on the authorisation of the public prosecutor or the investigating judge, declare as their home address the address of the police station or the gendarmerie. If the person has been summoned because of his profession, the address declared can be his professional address. The private (home) address of the person shall then be noted on a register, created for this purpose, in which the pages are numbered and initialled. Anonymous witness testimony, in the event that a witness wishes to report the facts of a matter without revealing his identity (art. 706-58): This procedure is only possible in proceedings relating to a crime or offence punishable by at least 3 years’ imprisonment and if the hearing of the person (in relation to whom there is no plausible reason to suspect that he has participated in the commission of the offence) is likely to put in serious danger his life or his physical safety or the lives or physical safety of his family or those close to him. The anonymous witness testimony shall be authorised by a reasoned decision of the liberty and custody judge. The matter shall be referred to the liberty and custody judge at the request of the public prosecutor or the investigating judge. The witness statement, which shall be attached to the file of the criminal proceedings, shall not mention the identity or the address of the witness and shall not be signed. A witness statement which includes the identity and the address of the witness and which is signed by him shall be placed on a file which is separate from the criminal proceedings file. The identity and the address of the person shall be noted on a register, created for this purpose, in which the pages are numbered and initialled, and this register shall be kept at the tribunal de grande instance (the regional court). The person who has been indicted can challenge the recourse to this hearing if the knowledge of the identity of the witness is indispensable to the exercise of his defence rights. The presiding judge of the Examining Chamber of the Court of Appeal can decide either to annul the hearing or to lift the anonymity of the witness, provided that the witness consents to this (art. 706-60).

2. LEGAL FRAMEWORK

Франция

International legal framework applicable for this measure in your Member State

Neither the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union of 29 May 2000, nor the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959 nor the Convention on the Application of the Schengen Agreement of 14 June 1985 include any particular provisions relating to the hearing of persons collaborating with the inquiry or to the giving of anonymous witness testimony. Nonetheless, these conventions provide that States give each other the broadest possible mutual legal assistance.

3. COMPETENT AUTHORITY TO:

Франция

* receive the request/decision for judicial cooperation

The hearing of the person collaborating with the inquiry will be conducted in the same way as an ordinary hearing. The authority competent to receive the request is the public prosecutor or the investigating judge. If anonymous witness testimony is requested, the authority which is competent to authorise this is the liberty and custody judge. The matter will be referred to the liberty and custody judge at the request of the public prosecutor or the investigating judge.

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

The specialised police service or gendarmerie designated by the public prosecutor or by the investigating judge.

4. ACCEPTED LANGUAGES

Франция

Accepted languages for the request/decision

It is not essential to provide a translation in French but it is recommended that a French 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)

There is no deadline for the execution of requests for assistance in French criminal law. However, it is possible, in the body of the request, to ask for a deadline to be observed; such a deadline will, however, only be regarded as a general guide.

6. CONCISE LEGAL PRACTICAL INFORMATION

Франция

a. Special requirements

The measure shall be executed in accordance with French criminal law. In the absence of a bilateral or multilateral convention which provides to the contrary, the requesting authority can ask for certain particular procedural rules to be followed, in accordance with article 694-3 of the Code of Criminal Procedure, which provides that such rules must not reduce or impair “the rights of the parties or the procedural guarantees provided by the present Code”. The request can be refused if it is likely to harm public order or the essential interests of the Nation, as provided by article 694-4 of the Code of Criminal Procedure.

b. Other useful information

N/A

Last reviewed on 6 юли 2016 by Секретариат на ЕСМ

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