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: France

Interception of mail (104)

1. MEASURE IMPLEMENTATION

France

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

This measure is possible in French law, under a mutual legal assistance request. Article 56 of the Code of Criminal Procedure provides that any document that could be relevant to the investigation may be the subject of a search of premises for the purposes of seizing material and the designated officer of the judicial police shall be required to respect professional secrecy (legal professional privilege). Furthermore, article 81 of the same Code confers a power to seize correspondence, and such seizures can be authorised during the judicial investigation, in relation to measures that may infringe the right to a private life. Medical confidentiality does not prevent these seizures from being carried out as long as the seizure of the medical file is carried out in the presence of a representative of the Order of Physicians (General Medical Council).

2. LEGAL FRAMEWORK

France

International legal framework applicable for this measure in your Member State

The Convention on Mutual Assistance in Criminal Matters of 29 May 2000 (article 6)

3. COMPETENT AUTHORITY TO:

France

* receive the request/decision for judicial cooperation

Depending on the stage of the proceedings, either the public prosecutor or the investigating judge.

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

N/A

4. ACCEPTED LANGUAGES

France

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

France

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

As soon as possible.

6. CONCISE LEGAL PRACTICAL INFORMATION

France

a. Special requirements

N/A

b. Other useful information

N/A

Last reviewed on 6 July 2016 by EJN Secretariat

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