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

Livrări controlate (804)

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 12).

3. COMPETENT AUTHORITY TO:

Franta

* receive the request/decision for judicial cooperation

States parties to the Convention of 29 May 2000 should send their request by direct transmission to the judicial authority with territorial jurisdiction. More precisely, a request for mutual assistance of this type must be transmitted to the public prosecutor of the location where the goods entered French territory and, where appropriate, to a specialist interregional public prosecution service (for offences relating to organised crime).

* 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

It is necessary to make a distinction between: a) a request for mutual legal assistance in criminal matters for the purpose of continuing, into France, a controlled delivery operation concerning goods of which the possession, the transport or the sale are prohibited; and b) a request with a view to continuing into France the observation of a person (who may be carrying out the transport of goods). In the second case, and if the person concerned can be clearly identified, a request can be sent on the basis of article 40 of the Convention of 14 June 1985 on the application of the Schengen Agreements. The authorisation for the cross-border observation is given here by the French Ministry of Justice. The request is referred to the French Ministry of Justice by means of a standard form transmitted via officer-to-officer (law enforcement) cooperation channels.

b. Other useful information

N/A

Last reviewed on 6 iulie 2016 by Secretariatul RJE

Guide for a first visit
If you don't know how to use the fiches belges for help in request mutual legal assistance, visit this page

  • © 2017 RJE. Toate drepturile rezervate.