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

Infiltrare de agenţi secreţi ai Statului solicitat (201)

1. MEASURE IMPLEMENTATION

Franta

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

This measure is possible under French law.

2. LEGAL FRAMEWORK

Franta

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:

Franta

* receive the request/decision for judicial cooperation

For the States parties to the Convention of 29 May 2000, direct transmission to the judicial authority with territorial jurisdiction (the public prosecutor or the investigating judge) is recommended. The infiltration operation must be authorised under French law by a written and specifically reasoned decision taken by the public prosecutor in a preliminary investigation or in an on-the-spot investigation (while the offence is taking place - in flagrante delicto), or taken by the investigating judge following the advice of the public prosecutor.

* 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 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

Franta

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

As soon as possible.

6. CONCISE LEGAL PRACTICAL INFORMATION

Franta

a. Special requirements

For an undercover agent, infiltration consists of conducting surveillance of the persons suspected of committing a serious crime or an offence by passing himself off, in the eyes of those persons, as one of their co-perpetrators, accomplices or receivers of stolen goods. The objective is to facilitate the exposure of offences. This measure is provided for in French law under articles 706-81 to 706-87 of the Code of Criminal Procedure and may be used in relation to offences set out in article 706-73 of the Code of Criminal Procedure (organised crime). The infiltration must by carried out by a specially authorised officer or a specially authorised officer of the judicial police, acting under the responsibility of an officer of the judicial police who is in charge of the coordination of the operation. 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 iulie 2016 by Secretariatul RJE

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