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

Spontaneous exchange of information (401)

1. MEASURE IMPLEMENTATION

France

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

This measure is possible under French law. This measure consists of the spontaneous exchange of information (i.e. without this being requested in advance) between the Member States concerning acts which are punishable under criminal law and also concerning administrative offences for which the penalty or treatment falls within the jurisdiction of the authority receiving the information.

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 7)

3. COMPETENT AUTHORITY TO:

France

* receive the request/decision for judicial cooperation

Judicial authorities.

* 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

If the investigating judge is able to carry out a spontaneous transmission of procedural documents/pleadings it is important to note that this transmission is not made for the purpose of, and cannot have the effect of delegating a prosecution.

b. Other useful information

N/A

Last reviewed on 6 July 2016 by EJN Secretariat

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