Fiches Belges

As provided for in article of the French criminal code of procedure, a European Investigation Order may be issued in order to provisionally prevent the destruction, transformation, removal, transfer or disposal of an item that may be used as evidence. The competent authority for issuing the EIO must fill section C of the Annex A. The competent authority shall indicate in section H3 of Annex A whether the French authorities must transfer the item to them or retain it in France. In the latter case, the French magistrate may determine the conditions, including the duration of retention. If the French magistrate intends to lift the provisional measure under these conditions, he shall inform the issuing authority for it to present its observations.

Directive 2014/41/EU of 3 April 2014 regarding the European Investigation Order in criminal matters as transposed in the French Criminal Code of Procedure at articles 694-15 to 694-50 and more specifically article 694-46.

The competent authority to execute/authorise the measure: for all requests, the investigating judge, on the request or following the advice of the public prosecutor of the place where either the assets or the evidence is located. If those details are not known, or if the place is not known, it will be the investigating judge of the judicial tribunal of Paris.

French.

The public prosecutor or the investigating judge must recognise or refuse the EIO as soon as possible and if possible, within 24h following its receipt.

Pursuant to article 694-42, evidence must be transferred as soon as possible. Nevertheless, the transfer of evidence must imperatively be suspended if it is likely to cause serious and irreversible prejudice to the concerned person. Likewise, the French magistrate can decide to suspend the transfer of evidence in case of an appeal intended against the execution of the freezing order until the French jurisdiction has given its decision. However, this decision may not be taken if immediate transfer of evidence appears essential for the proper conduct of the investigation or for the preservation of individual rights in light of the reasons given by the issuing authority. In principle, the delivery of evidence is definitive unless at the time of the transfer the French magistrate has required that it be returned when it is no longer needed by the issuing authority. This temporary delivery is justified when evidence are to be used in the proceedings in France.