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: Franta

Interceptarea, înregistrarea şi transcrierea telecomunicaţiilor (101)

1. MEASURE IMPLEMENTATION

Franta

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

When it is necessary for the judicial investigation it is possible to order the collection, recording and transcription of communications sent by means of telecommunications. Only an investigating magistrate is competent to order a judicial interception of communications exchanged by means of telecommunications. [The Act of 10 July 1991 also provides that the interception of communications can be carried out on an exceptional basis and in accordance with the strict conditions set out in the Act, on the authorisation of the Prime Minister]. This measure is possible in relation to criminal offences punishable by a prison sentence of two years or more.

2. LEGAL FRAMEWORK

Franta

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.

3. COMPETENT AUTHORITY TO:

Franta

* receive the request/decision for judicial cooperation

The investigating judge, in accordance with article 100 of the Code of Criminal Procedure (CPP) and also the liberty and custody judge at the request of the prosecutor under article 706--95 of the Code of Criminal Procedure for offences connected with organised crime (see article 706--73 of the Code of Criminal Procedure).

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

N/A

4. ACCEPTED LANGUAGES

Franta

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.

5. EXECUTION DEADLINE

Franta

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

Data not available

6. CONCISE LEGAL PRACTICAL INFORMATION

Franta

a. Special requirements

This measure is executed in accordance with the French Code of Criminal Procedure. At the request of the investigators, on the basis of the telephone number and the identity of the subscriber, the investigating judge provides a letter of request for a period of four months. This period is renewable as often as is necessary. When it is a request made by the prosecutor, in the second case mentioned above, the interception can only last for fifteen days, renewable once only. It is the investigators who carry out the transcription of the intercept. Only the conversation connected with the facts that are being prosecuted may be transcribed; no other conversation may be transcribed. This measure can be requested by means of an international letter of request for mutual legal assistance. The decision made by the investigating magistrate must include all the identifying details of the telecommunications link that is to be intercepted, the offence concerned and the duration of the interception (article 100.1 of the Code of Criminal Procedure). The decision must be in writing, but it need not include the grounds upon which it has been made.

b. Other useful information

N/A

Last reviewed on 6 iulie 2016 by Secretariatul RJE

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