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

Accesul la documente publice conţinute în dosare judiciare (404)

1. MEASURE IMPLEMENTATION

Franta

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

This measure is possible under French law, under a mutual legal assistance request. It concerns the passing on of documents relating to a judicial procedure and, where appropriate, providing a copy of the documents from the file.

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 (article 6).

3. COMPETENT AUTHORITY TO:

Franta

* receive the request/decision for judicial cooperation

Depending on the stage of the proceedings: the public prosecutor, the investigating judge, the public prosecution service or the Office of the Prosecutor-General at the court of appeal which has jurisdiction.

* 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)

As soon as possible.

6. CONCISE LEGAL PRACTICAL INFORMATION

Franta

a. Special requirements

In criminal, correctional or police matters the parties may, at their own expense, request to be sent the complaint or the report of an offence (denunciation), final orders, rulings, judgments, orders of the criminal court and writs of execution provided for in article L27-1 of the highway code (article R. 155 of the Code of Criminal Procedure). The conditions regarding the handing over of the documents of the investigation procedure to the accused person are strictly regulated by articles 114 and 197 of the Code of Criminal Procedure in order to avoid any disruption to the effective progress of the proceedings and to avoid breaches of the confidentiality of the judicial investigation as prescribed by article 11 of the same code. The possibility of being sent a copy of these documents is no longer restricted to the lawyers of the parties once the case has been referred to the trial court (Decision of the Supreme Court of Appeal, Criminal Division, 12 june 1996).

b. Other useful information

N/A

Last reviewed on 6 iulie 2016 by Secretariatul RJE

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