Fiches Belges: 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.

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)

* receive the request/decision for judicial cooperation

Judicial authorities.

* 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)

As soon as possible.

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