Fiches Belges

In cases involving the simple tracing of telecommunications (activated mobile terminals, for example), the requisitions for this measure can be carried out by police officers without an order from a magistrat (judge or prosecutor). Tracing of telecommunications and other forms of electronic communications can also refer in french law to the routing data of an established connection, and more specifically traffic and location data. Connection data includes: - the dates and times of the beginning and end of the connection ; - the characteristics of the subscriber's connection; - the identifier assigned by the information system to the content or object of the content creation operation; - the nature of the content creation operation; - the dates and times of the operation; - the identifier used by the author of the operation when possible. Those investigation techniques exist in french law under article 60-1-2 of the Code of criminal procedure. Requests for connection data are only possible on two cumulatives conditions: the procedure requires it and it meets one of the following situations: - the procedure concerns a crime or an offence punishable by at least 3 years imprisonment ; - the procedure concerns an offence punishable by at least one year's imprisonment committed through the use of an electronic communication network and the only purpose of these requisitions is to identify the perpetrator of the offence; - the requisitions concern the victim's terminal equipment and are carried out at the victim's request in the case of an offence punishable by a prison sentence; - the requisitions are made in the context of a procedure to search for a missing person or to follow a criminal. The public prosecutor (in the context of a police investigation) and the investigative judge (in the context of a judicial investigation) may request connection data from the Electronic Communication Operators (ECA) in order, for example, to receive the list of incoming and outgoing calls as well as the cells activated on one or more lines relevant to the investigation in progress.

• Directive 2014/41/EU of 3 April 2014: Chapter V "Interception of telecommunications". • Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union of 29 May 2000: Title III "Interception of telecommunications".

• 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 territorially competent will recognize and execute the EIO. • On the basis of the MLA Convention of 29 May 2000 it is the judicial authority that has territorial jurisdiction which receives the request, namely the public prosecutor or investigating judge who has territorial jurisdiction (articles 695-1 et seq. and 694-1 et seq. of the Code of Criminal Procedure). The request can also be addressed to the Prosecutor-General, 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. • Convention of 29 May 2000 complementing this Convention do not raise any question of translation requirements.

• 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. • MLA Convention of 29 May 2000: The requested State executes the request for mutual legal assistance as soon as possible (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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