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

Urmărire activă transfrontalieră (802)

1. MEASURE IMPLEMENTATION

Franta

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

This right of pursuit consists of authorising officers of a contracting party [of the Convention or Agreement in box 2. below], because of the particular urgency which has prevented them from transmitting the information via the normal channels, to pursue, over the territorial borders of another State, a person in flagrante delicto who has just committed, in their State, one of a limited number of offences (article 40 paragraph 7 of the Schengen Convention: manslaughter, murder, rape, arson, the forgery of money, aggravated burglary and robbery and receiving stolen goods, extortion, kidnapping and hostage taking, trafficking in human beings, the illicit trafficking in narcotic drugs and psychotropic substances, breach of the law on arms and explosives, the illicit transportation of toxic and hazardous waste; and article 41 paragraph 4: the offence of fleeing the scene following an accident after having caused death or injury) or to pursue a person in custody who has escaped.

2. LEGAL FRAMEWORK

Franta

International legal framework applicable for this measure in your Member State

This measure is provided for in article 41 of the Convention Implementing the Schengen Agreement (CISA) of 14 June 1985 and also in article 13 of the Paris Agreement with Switzerland.

3. COMPETENT AUTHORITY TO:

Franta

* receive the request/decision for judicial cooperation

At the very latest at the moment of crossing the border the officers in hot pursuit must contact and make their request to the competent authorities of the contracting party on whose territory the hot pursuit is taking place. That information must be given to the public prosecutor who is territorially competent for the relevant area, who shall direct the judicial police in accordance with the Code of Criminal Procedure.

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

N/A

4. ACCEPTED LANGUAGES

Franta

Accepted languages for the request/decision

FRENCH

5. EXECUTION DEADLINE

Franta

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

IN PRACTICE, THE PUBLIC PROSECUTOR IS INFORMED OF THE CROSSING OF THE BORDER BY FOREIGN OFFICERS VIA A FRENCH JUDICIAL POLICE OFFICER WITH TERRITORIAL COMPETENCE IN THE RELEVANT AREA. THIS INFORMATION MUST INCLUDE THE IDENTITY AND STATUS OF THE FOREIGN OFFICERS, OR AT LEAST OF THE OFFICER IN CHARGE OF THE PURSUIT, AS WELL AS THE FACTS/REASON FOR WHICH THE HOT PURSUIT OPERATION HAS BEEN UNDERTAKEN AND, IF POSSIBLE, THE IDENTITY OF THE PERSON BEING PURSUED. THERE IS NO LIMIT TO THE DURATION OF THE HOT PURSUIT, HOWEVER A REASONABLE PERIOD OF TIME OF A FEW HOURS SHOULD BE OBSERVED.

6. CONCISE LEGAL PRACTICAL INFORMATION

Franta

a. Special requirements

The public prosecutor can oppose the continuation of the hot pursuit if he considers that the conditions under article 41 or article 13 are not met or if the rules of procedure are not complied with. FOREIGN OFFICERS DO NOT HAVE THE RIGHT TO QUESTION PEOPLE IN FRANCE: the assistance of French judicial police officers or the taking over, by the French judicial police, of the pursuit operation before persons are questioned, is absolutely essential. The obligations of the foreign officers are similar to those provided under the law relating to observations/surveillance: they must comply with French law and obey the instructions of the locally competent authorities. They are prohibited from entering residential premises or premises which are not accessible to the public. They must be easily identifiable by wearing a uniform or armband or by having devices or attachments mounted on their vehicle. They must be able, at all times, to produce evidence of their official status. They are permitted to carry their service weapon but they may only use it for the purpose of legitimate self-defence.

b. Other useful information

N/A

Last reviewed on 6 iulie 2016 by Secretariatul RJE

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