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#2016-1636Order No. 2016-1636 of December 1, 2016 on the European Investigation Order in Criminal Matters

🇫🇷France··Other·Medium Impact·View source ↗

AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.

🇬🇧 English

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.

AI-generated summary. May contain errors. Refer to official sources for legal decisions.

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

high

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

French judicial authorities (procureur de la République, juge d'instruction, chambre de l'instruction, juridictions de jugement ou d'application des peines)
operational
high

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

French judicial authorities issuing European Investigation Orders
operational
high

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

French judicial authorities issuing European Investigation Orders
operational
high

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 issuing European Investigation Orders
operational
high

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

French judicial authorities (procureur de la République, juge d'instruction, chambre de l'instruction, juridictions de jugement ou d'application des peines)
prohibition

Affected Parties

Judicial authorities in FranceSuspects and parties involved in cross-border criminal investigations

Tags

European Investigation Order,cross-border crime,judicial cooperation