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

Confrontation (713)

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. This measure involves putting two or more persons together in each other's presence: accuser(s), witness(es), suspect(s) and victim(s)

2. LEGAL FRAMEWORK

France

International legal framework applicable for this measure in your Member State

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

3. COMPETENT AUTHORITY TO:

France

* receive the request/decision for judicial cooperation

It depends on the stage of the proceedings. If the persons concerned have not yet been charged/indicted, the request is received by the public prosecutor who delegates it to the investigation service for execution. If the person or persons who are the subject of this measure are persons who have been charged/indicted, defendants, accused persons or victims, the request is the responsibility of 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. As regards the practical execution of a request for confrontation, the procedural rules laid down by the new articles D. 594 to D. 594-11 of the Code of Criminal Procedure must be applied (right to interpretation and translation during criminal proceedings).

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

The person who has been indicted must benefit from all the guarantees/safeguards of the rights of the defence, in accordance with article 114 of the Code of Criminal Procedure. The person who has been indicted and the partie civile* have the same rights as they have when being interviewed or when being heard as a witness. [*Translator's note: a "partie civile" is a victim who has joined the criminal proceedings in order to claim compensation]. A person who is purely a witness enjoys the same rights and obligations as he would when giving witness testimony in an ordinary hearing before the investigating judge (in particular, he does not have the right to the assistance of a lawyer and he does not have the right of access to the file). He does, however, have the right, like every other party, to an interpreter.

b. Other useful information

N/A

Last reviewed on 6 July 2016 by EJN Secretariat

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