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

Audierea suspecţilor / persoanelor acuzate: prin video conferinţă (711)

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 Assistance in Criminal Matters between the Member States of the European Union of 29 May 2000 (article 10 -9).

3. COMPETENT AUTHORITY TO:

Franta

* receive the request/decision for judicial cooperation

For the States parties to the MLA Convention of 29 May 2000, requests should be sent by direct transmission to the judicial authority with territorial jurisdiction (the public prosecutor). In accordance with articles 694-2 and R 53-36 of the Code of Criminal Procedure, the public prosecutor of the place where the person to be heard is located shall be present at the hearing by videoconference.

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

N/A

4. ACCEPTED LANGUAGES

Franta

Accepted languages for the request/decision

It is not a requirement to provide a French translation 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

France has declared that it will not apply the first subparagraph of paragraph 9 of article 10 to persons who are being prosecuted when they appear before the trial court. Nevertheless, since the Act of 14 March 2011, under article 706-71 of the Code of Criminal Procedure, it is possible to hear a defendant via videoconference at the stage of the hearing before the criminal court on condition that the defendant is detained in custody and that all the parties (including the prosecutor) are in agreement. The person concerned, if he is the subject of a criminal prosecution, must consent to the hearing. All of the costs are normally to be borne by the requesting foreign State.

b. Other useful information

N/A

Last reviewed on 6 iulie 2016 by Secretariatul RJE
  • © 2017 RJE. Toate drepturile rezervate.