Fiches Belges: France

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

This measure is possible under French law.

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).

* 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

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.

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

As soon as possible.

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