Fiches Belges
Measure Implementation
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Legal Framework
Applicable Framework

Competent authority
Request/decision
Execute/recognise measure

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Execution Deadline
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Legal info
Special requirements
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Fiches Belges: Франция

European Protection Order (906)

1. MEASURE IMPLEMENTATION

Франция

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

This measure has been applicable in France since Act number 2015-993 of 17 August 2015 relating to Directive 2011/99/EU of the European Parliament and of the Council of 13 December 2011 on the European Protection Order. It has been enforceable in France since 1 October 2015.

2. LEGAL FRAMEWORK

Франция

International legal framework applicable for this measure in your Member State

Directive 2011/99/EU of the European Parliament and of the Council of 13 December 2011 on the European protection order

3. COMPETENT AUTHORITY TO:

Франция

* receive the request/decision for judicial cooperation

The public prosecutor with territorial jurisdiction, that is to say the public prosecutor of the regional court in the jurisdiction of which the victim intends to live or to stay.

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

The liberty and custody judge of the regional court in the jurisdiction of which the victim intends to live or to stay.

4. ACCEPTED LANGUAGES

Франция

Accepted languages for the request/decision

As provided under the relevant Directive, a European Protection Order is to be translated by the competent authority of the issuing State into the official language or into one of the official languages of the executing State.

5. EXECUTION DEADLINE

Франция

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

Not applicable.

6. CONCISE LEGAL PRACTICAL INFORMATION

Франция

a. Special requirements

Articles 696-100 and 696-101 of the Code of Criminal Procedure sets out a list of the cases in which the recognition of a European Protection Order shall be refused and of the cases in which the recognition of a European Protection Order may be refused by the French authorities. A. Recognition of a European Protection Order shall be refused in the following cases: 1. The European Protection Order is incomplete or has not been completed within the deadline set by the competent authority of the executing State; 2. The conditions set out in article 696-90 have not been met; 3. The protection measure has been decided on the basis of conduct which does not constitute a criminal offence under French law; 4. The European Protection Order is based on the execution of a measure or of a punishment concerning conduct which falls within the competence of French jurisdictions and which has been the subject of an amnesty under French law; 5. The perpetrator of the offence has the right, in France, to immunity, which constitutes a bar to the execution, in France of the European Protection Order; 6. The European Protection Order is based on facts which could be judged (prosecuted) by the French jurisdictions and the limitation period for a prosecution has expired under French law; 7. The European Protection Order is based on offences for which the person suspected, prosecuted or convicted has already been the subject of a final judgment by the French jurisdictions or by the jurisdictions of a Member State other than the issuing State, on condition that the sentence has been served, is in the process of being served or can no longer be enforced under the law of the Member State which passed the sentence; 8. The perpetrator of the offence was under 13 years of age on the date of the offence. B. Recognition of a European Protection Order may be refused if the Order is based on: 1. Offences committed entirely, for the most part or in the main on the territory of the Republic or in a place which is regarded as such; 2. Offences for which the person suspected, prosecuted or convicted has already been the subject of a final judgment by the jurisdictions of another State which is not a member of the European Union, on condition that the sentence has been served, is in the process of being served or can no longer be enforced under the law of the State which passed the sentence.

b. Other useful information

N/A

Last reviewed on 6 юли 2016 by Секретариат на ЕСМ

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