Fichas Belgas
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: Francia

Infiltración de agentes del Estado solicitante en territorio del Estado solicitado (202)

1. MEASURE IMPLEMENTATION

Francia

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

This measure is possible under French law.

2. LEGAL FRAMEWORK

Francia

International legal framework applicable for this measure in your Member State

This measure can, in particular, be requested on the basis of the Convention on Mutual Legal Assistance in Criminal Matters between the Member States of the European Union of 29 May 2000 (article 14).

3. COMPETENT AUTHORITY TO:

Francia

* receive the request/decision for judicial cooperation

A mutual legal assistance request asking for permission for infiltration operations to be carried out on French territory by foreign police officers must be addressed to the Ministry of Justice: Ministry of Justice, Directorate of Criminal Affairs and Pardons, Office of International Mutual Legal Assistance in Criminal Matters, 13 Place Vendôme, 75042 PARIS cedex 01, France. Fax: 01.44.86.14.11. It will be necessary to obtain the agreement, in advance, of the Ministry of Justice, and that agreement may be subject to conditions. The request is then transmitted to the judicial authority with territorial jurisdiction (public prosecutor or investigating judge), whose authorisation for the operation is also required (please see Fiche belge number 201).

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

N/A

4. ACCEPTED LANGUAGES

Francia

Accepted languages for the request/decision

A translation in French is not a requirement, 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

Francia

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

As soon as possible.

6. CONCISE LEGAL PRACTICAL INFORMATION

Francia

a. Special requirements

The carrying out on French territory of infiltration operations by foreign police officers is provided for in article 694-7 of the Code of Criminal Procedure. It is to be conducted under the direction of officers of the French judicial police and in accordance with the provisions of articles 706-81 to 706-87 of the Code of Criminal Procedure. This measure is applicable in relation to offences under article 706-73 of the Code of Criminal Procedure (organised crime). The foreign officers must by assigned, in their own country, to a specialised service and they must carry out police operations similar to those carried out by specially authorised national officers. The letter of request must state the length of time for which the infiltration is being requested. If the length of time exceeds 4 months the request must be renewed.

b. Other useful information

N/A

Last reviewed on 6 julio 2016 by Secretariado de la RJE
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