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

Controlul identităţii, măsuri pentru identificare judiciară (304)

1. MEASURE IMPLEMENTATION

Franta

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

Yes, a foreign authority may request a French judicial authority to check or search for information on the identity of a person.

2. LEGAL FRAMEWORK

Franta

International legal framework applicable for this measure in your Member State

•The European Convention on Mutual Assistance in Criminal Matters of 20 April 1959 (as well as its First Additional Protocol of 17 March 1978 and its Second Additional Protocol of 8 November 2001) • The Convention implementing the Schengen Agreement of 19 June 1990 • The Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union (and its Protocol of 16 October 2001)

3. COMPETENT AUTHORITY TO:

Franta

* receive the request/decision for judicial cooperation

• On the basis of the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959 and its protocols and in accordance with the declaration made by France contained in the instrument of ratification of the Second Protocol deposited on 6 February 2012, requests for mutual legal assistance must be addressed by the requesting State to the Office of International Mutual Legal Assistance in Criminal Matters of the French Ministry of Justice. • On the basis of the Convention of 19 June 1990 implementing the Schengen Agreements (article 53 1°), this mutual legal assistance request can be addressed directly to the judicial authority, i.e. to the public prosecutor of the regional court which has territorial jurisdiction (of the place of residence of the person whose identity is to be verified) or to the Prosecutor General of the court of appeal which has jurisdiction over the regional court which has territorial jurisdiction. • On the basis of the MLA Convention of 29 May 2000 it is the judicial authority that has territorial jurisdiction which receives the request, namely the public prosecutor of the regional court with territorial jurisdiction. The request can also be addressed to the Prosecutor-General of the court of appeal which has jurisdiction over the regional court which has territorial jurisdiction.

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

Under the control of these judicial authorities mentioned above (public prosecutor and Prosecutor General) the measure of checking identity is carried out by judicial police officers (officers of the criminal investigation department) and, under the instructions and under the responsibility of judicial police officers, by judicial police investigators and deputy judicial police investigators.

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)

The requesting authorities may ask that procedures be carried out by a specified deadline (giving reasons for the urgency, for example the fact that persons in the case are being detained in custody etc….)

6. CONCISE LEGAL PRACTICAL INFORMATION

Franta

a. Special requirements

Although the checking of a person's identity is a coercive measure (consisting essentially of detaining the person who is the subject of the measure), France has not made a declaration, as it was permitted to do under the Convention of 20 April 1959, to make the execution of this type of request for mutual assistance conditional upon the existence of dual criminality. The request for mutual assistance will be executed, in principle, in accordance with French law. Thus, under the second paragraph of article 78-1 of the Code of Criminal Procedure (CPP), "every person located on the national territory must agree to submit himself/herself to an identity check carried out under the conditions and by the authorities set out in the following articles". The different kinds of identity checks are governed by different legal rules: A. Article 78-2 paragraphs 1 to 5 of the CPP: identity check conducted on the initiative of the law enforcement authorities in respect of a person in relation to whom there are one or more plausible reasons to suspect: a. that he has "committed or attempted to commit an offence", b. or that he is "preparing to commit an offence or a serious offence", c. or that he is "likely to provide information that is useful to the investigation in the case of an offence or a serious offence", d. or that he is "the subject of inquiries ordered by a judicial authority". B. Article 78-2 paragraph 6 of the CPP: identity check carried out upon the written order of the public prosecutor for the purpose of investigating and prosecuting offences which he specifies, in places and for a period of time that he determines; C. Article 78-2 paragraph 7 of the CPP: identity check conducted on the initiative of the law enforcement authorities as part of the remit of the administrative police, to prevent an attack on public order, in particular on people or goods; D. Article 78-2 paragraph 8 of the CPP: identity check conducted for the purpose of the prevention and investigation of offences relating to cross-border crime, in order to check compliance with the obligation of retaining, carrying and presenting papers and documents required by law, in a geographical zone between the French border with the States parties to the Schengen Convention and a line drawn 20 kilometers inside that line, as well as in all zones which are open to international traffic, accessible to the public and designated by decree (ports, airports, railway stations or bus stations...); E. Article 78-2-1 of the CPP: identity check conducted upon the written order of the public prosecutor in places used for professional purposes in which activities of construction, production, processing, repairs or the provision of services or selling/commercial activity are being carried out, for the purpose of the investigation of offences relating to illicit/undeclared work and the employment of foreign nationals without work permits. However, foreign authorities can request that certain specific procedures be followed in accordance with their legislation. The French judicial authorities will be able to follow those procedures as long as they do not contravene any French national legal provisions.

b. Other useful information

N/A

Last reviewed on 6 iulie 2016 by Secretariatul RJE

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