Fiches Belges: France

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

In cases involving the simple tracing of telecommunications (activated mobile terminals, for example), the requisitions for this measure can be carried out by police officers without an order from a magistrat (judge or prosecutor). The interception can only be conducted if it is necessary for the judicial investigation (art. 100 of the Code of Criminal Procedure).

International legal framework applicable for this measure in your Member State

The Convention on Mutual Assistance in Criminal Matters of 29 May 2000 (Title 3). Failing that, the Convention implementing the Schengen Agreement of 14 June 1985.

* receive the request/decision for judicial cooperation

The police, the prosecution service, the investigating judge.

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

N/A

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.

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

Data not available.

a. Special requirements

N/A

b. Other useful information

N/A