#2016-1636Order No. 2016-1636 of December 1, 2016 on the European Investigation Order in Criminal Matters
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This law establishes the use of European Investigation Orders (EIO) for judicial cooperation in criminal matters between France and other EU member states. It defines how these orders can be issued and executed, facilitating cross-border investigations. Legal authorities in France can issue an EIO when necessary for a criminal investigation or prosecution, and they must adhere to standard procedures and terms set out in this law.
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Key Changes
- Introduces the European Investigation Order for cross-border criminal investigations.
- Specifies the procedures and responsibilities for issuing and executing these orders.
- Updates existing laws to integrate the new EIO framework.
Obligations
What this law requires
French judicial authorities (prosecutor, examining magistrate, court of instruction, trial courts, and sentence enforcement courts) must issue European Investigation Orders using a standardized common form that is completed, signed, and certified as accurate by the issuing authority
Every European Investigation Order must include mandatory information: identity and quality of issuing magistrate/court, object and motives, information on persons concerned, description of the offense and applicable penal provisions, description of investigative measures requested and evidence sought, prior judicial authorization requirements if applicable, references to prior related orders, and execution timeline or specific dates
European Investigation Orders must be translated into an official language of the executing member state or one of the official EU institutional languages accepted by that state before transmission
European Investigation Orders must be transmitted directly to competent authorities of the executing state using any means that leaves a written trace and establishes authenticity; all other official communications must be conducted directly between the issuing magistrate and the executing authority
French judicial authorities can only issue European Investigation Orders for the execution of measures they are themselves authorized to order or execute under French criminal procedure code provisions