Fiches Belges

This measure is possible under French law. This measure consists of the spontaneous exchange of information (i.e. without this being requested in advance) between the Member States concerning acts which are punishable under criminal law and also concerning administrative offences for which the penalty or treatment falls within the jurisdiction of the authority receiving the information.

The Convention on Mutual Assistance in Criminal Matters of 29 May 2000 (article 7). Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters (article 11).

Judicial authorities.

A translation in French is not required (article 16 of the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959), but it is nonetheless recommended that a translation be provided. The Additional Protocols to this Convention, and the MLA Convention of 29 May 2000, simply complement the original Convention and do not raise any question of translation requirements).

N/A

If the investigating judge is able to carry out a spontaneous transmission of information, it is important to note that this transmission is not made for the purpose of, and cannot have the effect of delegating a prosecution.