Conflict with existing fundamental legal principle of general application - consultations with the Court

French Republic

France - Criminal Procedure Code 1959 (2006) EN

BOOK IV
SOME SPECIFIC PROCEEDINGS

TITLE I
CO-OPERATION WITH THE INTERNATIONAL CRIMINAL COURT

CHAPTER I
JUDICIAL CO-OPERATION

SECTION I
MUTUAL JUDICIAL ASSISTANCE

Article 627-3
...
The district prosecutor of Paris transmits to the competent authorities, under article 87 of the statute, any difficulty relating to the execution of these measures, in order that the consultations provided for in articles 93, paragraph 3, and 97 of the statute may take place.

Rome Statute

Article 93 Other forms of cooperation

3. Where execution of a particular measure of assistance detailed in a request presented under paragraph 1, is prohibited in the requested State on the basis of an existing fundamental legal principle of general application, the requested State shall promptly consult with the Court to try to resolve the matter. In the consultations, consideration should be given to whether the assistance can be rendered in another manner or subject to conditions. If after consultations the matter cannot be resolved, the Court shall modify the request as necessary.