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

Sending and service of procedural documents (406)

1. MEASURE IMPLEMENTATION

Franta

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

This measure is possible under French law. This concerns requests made to France to serve upon a person living on French territory a legal procedural document: a summons to appear in a foreign criminal court or a decision made by the same court.

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 5).

3. COMPETENT AUTHORITY TO:

Franta

* receive the request/decision for judicial cooperation

Transmission direct to the person concerned. However, in cases provided for under paragraph 2 of article 5 of the Convention of 29 May 2000, the authority designated by France to receive the requests is the following: Ministry of Justice, Directorate of Criminal Affairs and Pardons, Office of International Mutual Legal Assistance in Criminal Matters, 13 Place Vendôme, 75042 PARIS cedex 01, France.

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

N/A

4. ACCEPTED LANGUAGES

Franta

Accepted languages for the request/decision

French, or a language that the person concerned is likely to understand, failing which the service of the procedural documents will be invalid.

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 accordance with the provisions of article 5 of the relevant European Convention, the transmission of the documents is conducted by post, directly to the recipient. When the address of the recipient is unknown or uncertain, or if it is desirable that the document should be served on the recipient in person (article 5 paragraph 2), the national authority designated for that purpose can address the document to be served to the Office of International Mutual Legal Assistance in Criminal Matters which is the French authority designated to receive requests in this manner. In these circumstances it is the responsibility of the public prosecutor with territorial jurisdiction to effect the service of the document by arranging for an officer or investigator of the judicial police to personally serve the document on the recipient. It is important to emphasise that the means of transmission of the document by post or via the intermediary of the Chancellery (the Office of International Mutual Legal Assistance in Criminal Matters) has no impact on the immunity attached to the status of a witness or expert or on the principle of speciality from which a prosecuted person benefits.

b. Other useful information

N/A

Last reviewed on 6 iulie 2016 by Secretariatul RJE

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