Fiches Belges

Confrontation involves putting two or more persons together in each other's presence: witness(es), suspect(s) and victim(s). Line-up involves introducing witnesses to people suspected of being involved in a crime. Confrontation: The investigating judge conducts the confrontations. The public prosecutor may attend the confrontation of the accused person, the "partie civile" [*Translator's note: a "partie civile" is a victim who has joined the criminal proceedings in order to claim compensation] or the "témoin assisté"(assisted witness). In accordance with article 120-1 of the French Code of criminal procedure, when the accused or the assisted witness is implicated by several persons, they may ask to be confronted separately with each of them. Concerning the "crimes"(most serious offences), as provided for in article 116-1 of the French Code of criminal procedure, confrontation is subject to audiovisual recording. In accordance with article 121 of the French Code of criminal procedure, referring to the provisions of articles 106 and 107, the minutes of the statements are drown up by the clerk. The person is asked to read his or her statement again, before signing it. If the person is unwilling or unable to sign, the minutes will state this. During a confrontation, the person who has been indicted ("mise en examen") must benefit from all the guarantees/safeguards of the rights of the defence, in accordance with article 114 of the Code of Criminal Procedure. The person who has been indicted ("mise en examen") and the partie civile* have the same rights during the confrontation as they have when being interviewed. A person who is purely a witness enjoys the same rights and obligations as he would when giving witness testimony in an ordinary hearing before the investigating judge (in particular, he does not have the right to the assistance of a lawyer and he does not have the right of access to the file). He does, however, have the right, like every other party, to an interpreter. Confrontations can also be carried out by police officers as part of an investigation directed by the public prosecutor. Line-up: Under article 61-3 of the Code of criminal procedure, the suspect has the right to require the presence of his lawyer during the line-up. When the victim or the plaintiff participates in these operations, a lawyer may also assist him under the conditions provided for in Article 61-2.

• EU member states: Directive 2014/41/EU of 3 April 2014 on the European Investigation Order in criminal matters, European Convention on Mutual Assistance in Criminal Matters of 20 April 1959 (and its two additional Protocols) and the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union of 29 May 2000 (and its Protocol of 16 October 2001). • Non-EU countries: The European Convention on Mutual Assistance in Criminal Matters of 20 April 1959, (and its two additional Protocols).

It depends on the stage of the proceedings. If the persons concerned have not yet been charged/indicted ("mise en examen"), the request is received by the public prosecutor who delegates it to a police officer for execution. If the person concerned have been charged/indicted, the request is the responsibility of the investigating judge. • On the basis of the Directive on EIO of 3 April 2014 : The investigating judge is competent to recognize and execute the EIO in respect of acts which can only be ordered or executed during the judicial investigation or which can only be executed with the authorization of the liberty and custody judge. In other cases, the public prosecutor who has territorial jurisdiction will recognize and execute the EIO. • On the basis of the MLA Convention of 29 May 2000, or of the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959 and its additional Protocols, it is the judicial authority that has territorial jurisdiction which receives the request, namely the public prosecutor or investigating judge who has territorial jurisdiction (article 694-1 of the Code of Criminal Procedure). The request can also be addressed to the General Prosecutor, who will forward it to the competent magistrate (judge or prosecutor).

• Directive 2014/41/EU of 3 April 2014 on the European Investigation Order: French. • European Convention on Mutual Assistance in Criminal Matters of 20 April 1959: A translation in French is not required (article 16). The MLA Convention of 29 May 2000 do not raise any question of translation requirements. It is recommended that a translation be provided, in order to facilitate and expedite the execution of the request for assistance.

• Directive 2014/41/EU of 3 April 2014 on the European Investigation Order: The competent authority must execute it as soon as possible and at the latest within 90 days after the decision of recognition of the EIO. • European Convention on Mutual Assistance in Criminal Matters of 20 April 1959 and MLA Convention of 29 May 2000: The requested State executes the request for mutual legal assistance as soon as possible (Art. 1 Second additional Protocol to the Convention of 20 April 1959, art. 4 paragraph 2 Convention of 29 may 2000). There is no deadline for the execution of requests for assistance in French criminal law. However, it is possible, in the body of the request, to ask for a deadline to be observed; such a deadline will, however, only be regarded as a general guide.

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