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

Comunicarea cazierelor individuale (405)

1. MEASURE IMPLEMENTATION

Franta

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

This measure is possible under French law. In addition to Bulletin Number 1, sitting judges and prosecutors can obtain a statement of criminal convictions recorded against a national of one of the Member States connected to the system. This procedure, involving a simple, single access is carried out from the intranet site of the National Criminal Records Bureau and guarantees the provision of an ad hoc statement called and ECRIS statement. The National Criminal Records Bureau translates the items set out on the statement in advance of sending it by fax to the requesting authority. The National Criminal Records Bureau is now connected with all of the other Member States of the European Union except for Malta, Portugal and Slovenia.

2. LEGAL FRAMEWORK

Franta

International legal framework applicable for this measure in your Member State

Framework Decision 2009/315/JHA of 26 February 2009 on the organisation and content of the exchange of information extracted from the criminal record between Member States; Council Decision 2009/316/JHA of 6 April 2009 on the establishment of the European Criminal Records Information System (ECRIS) in application of Article 11 of Framework Decision 2009/315/JHA.

3. COMPETENT AUTHORITY TO:

Franta

* receive the request/decision for judicial cooperation

National Criminal Records Bureau, Ministry of Justice, Directorate of Criminal Affairs and Pardons. Address: 107 rue du Landreau, BP 11621, 44316 Nantes Cedex 3, France. Telephone: +33 2 51 89 89 51. Fax: +33 2 40 50 52 63. Email: cjn@justice.gouv.fr. As regards requests for criminal record statements concerning nationals of one of the three States that are not connected to the system (Malta, Portugal and Slovenia), requests should be sent by email to the National Criminal Records Bureau at the following email address: cjn-bull-international@justice.gouv.fr. The request will be forwarded to the criminal records bureau of the requested State.

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

N/A

4. ACCEPTED LANGUAGES

Franta

Accepted languages for the request/decision

The National Criminal Records Bureau made an undertaking, from 2006, to send to the jurisdictions only information that had already been translated into French, so that the information can by used immediately.

5. EXECUTION DEADLINE

Franta

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

The system interconnecting the European criminal records offices makes it possible to obtain, within a maximum period of 10 days, information on the previous criminal convictions of every person, whether the person is a national of a Member State of the Union or a national of a third State (i.e. a State which is not a Member of the European Union). It should be noted that the response period in the majority of cases is considerably shorter than the 10 days provided for in the Framework Decision, which therefore makes it possible to obtain information within a timescale which is compatible with the legal process, that is to say, within the timescale of the prosecution phase.

6. CONCISE LEGAL PRACTICAL INFORMATION

Franta

a. Special requirements

Requests issued by French judicial authorities: The exchange of information between the Member States of the European Union has increased significantly with the setting up of ECRIS (European Criminal Records Information System) derived from the Framework Decisions of 20 February and 6 April 2009, transposed into national law by Act number 2012-409 of 27 March 2012. Magistrates (judges or prosecutors) can request a statement of foreign convictions: of European Union nationals, in which case the request must be addressed to the State of nationality of the person whose previous convictions are sought; or of non-European nationals (persons from outside the EU) who have been convicted in a European Union country. A request for an ECRIS statement can be sent to all of the States with which France is connected. Requests are executed in accordance with article 776 paragraph 6 of the Code of Criminal Procedure. Requests issued by European judicial authorities: an ECRIS statement (extract of criminal record) can be requested in relation to any French person prosecuted in a foreign country or in relation to any foreign national who has resided in France and who could therefore possibly have been convicted in France. The persons concerned must be over 12 and under 120 years of age. The request must come from a judicial authority responsible for judgement/sentencing or prosecution. For the last category (i.e. prosecution) the request must come from the public prosecution service or from the authority acting in its place. The transmission of information on convictions takes place by electronic means in a standardised European format which uses two tables of reference listing by number the categories of offences and the categories of sentences. These tables facilitate automatic translation and improve mutual understanding of the information transmitted. When it transmits information about a conviction the Member State must mention the exact codes of the category of offence and the category of sentence, which are automatically translated into the language of the recipient.

b. Other useful information

N/A

Last reviewed on 6 iulie 2016 by Secretariatul RJE

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