Autorité nationale compétente

République française

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 627-1
Requests for mutual assistance issued by the International Criminal Court are sent to the competent authorities in accordance with article 87 of the statute. The original document or a certified copy may be sent, accompanied by supporting evidence.
These documents are sent to the district prosecutor of Paris, who takes appropriate action.
In urgent cases, these documents may be sent directly to him, by any available means. They are then sent on in the forms provided for in the previous paragraphs.

Article 627-2
Requests for mutual assistance are carried out, according to the case, by the district prosecutor or the investigating judge of Paris, who act on behalf of the whole French territory, if necessary in the presence of the prosecutor of the International Criminal Court or his representative, or any other person mentioned in the International Criminal Court's request.
The official records made during the carrying out of these requests are sent to the International Criminal Court by the competent authorities, in accordance with article 87 of the statute.
In urgent cases, certified copies of the official records may be sent directly to the International Criminal Court. The official records are sent on afterwards in the forms provided for in the previous paragraphs.

BOOK IV
SOME SPECIFIC PROCEEDINGS

TITLE I
CO-OPERATION WITH THE INTERNATIONAL CRIMINAL COURT

CHAPTER I
JUDICIAL CO-OPERATION

SECTION II
ARRESTS AND TRANSFERS

Article 627-12
Transit through French territory is sanctioned by the competent authorities in accordance with article 87 of the statute.

BOOK IV
SOME SPECIFIC PROCEEDINGS

TITLE I
CO-OPERATION WITH THE INTERNATIONAL CRIMINAL COURT

CHAPTER I
JUDICIAL CO-OPERATION

SECTION II
ARRESTS AND TRANSFERS

Article 627-13
Where the court seeks an extension to the conditions of the transfer granted by the French authorities, the request is sent to the competent authorities, in accordance with article 87 of the Statute, who communicate it to the investigating chamber of the Appeal Court of Paris together with all the evidence and any statement of the party concerned.
If, after examining the submitted documents and, where appropriate, the explanations of the advocate for the party concerned, the investigating chamber finds that there is no obvious error, it grants the requested extension.

BOOK IV
SOME SPECIFIC PROCEEDINGS

TITLE I
CO-OPERATION WITH THE INTERNATIONAL CRIMINAL COURT

CHAPTER I
JUDICIAL CO-OPERATION

SECTION II
ARRESTS AND TRANSFERS

Article 627-15
Any person detained on French territory may, if they agree, be transferred to the International Criminal Court in order to be identified or heard, or for any other investigative act to be carried out. The transfer is authorised by the Minister of Justice.

BOOK IV
SOME SPECIFIC PROCEEDINGS

TITLE X
INTERNATIONAL JUDICIAL CO-OPERATION

CHAPTER I
GENERAL PROVISIONS

SECTION I
TRANSFERT AND EXECUTION OF REQUEST FOR JUDICIAL ASSISTANCE

Article 694
In the absence of any international conventions stipulating otherwise:
1° Requests for mutual assistance coming from French judicial authorities and addressed to foreign judicial authorities are sent through the intermediary of the Minister of Justice. The enforcement documents are sent to the authorities of the requesting State through the same channels.
2° Requests for judicial assistance coming from foreign judicial authorities are sent through diplomatic channels.
The enforcement documents are sent to the authorities of the requesting State through the same channels.
In urgent cases, requests for mutual assistance sought by the French or foreign authorities may be directly sent to the authorities of the State who are competent to enforce them. The transmission of the enforcement documents to the authorities of the requested State is carried out in the same way and under the same conditions. However, unless there is an international convention stipulating otherwise, requests for judicial assistance coming from foreign judicial authorities and addressed to the French judicial authorities must be the subject of an opinion sent through diplomatic channels by the foreign government concerned.

Article 694-1
In urgent cases, requests for judicial assistance coming from foreign judicial authorities are sent, according to the distinctions set out in article 694-2, to the district prosecutor or the investigating judge of the territorially competent district court. They may also be sent to these judges through the intermediary of the prosecutor general.
If the district prosecutor receives a request for judicial assistance directly from a foreign authority which may only be executed by the investigating judge, he sends it to the latter to be carried out, or seises the prosecutor general in the case provided for by article 694-4.
Before executing a request for judicial assistance of which he has directly be seised, the investigating judge immediately sends this to the district prosecutor for his opinion.

Article 694-2
Requests for judicial assistance coming from foreign judicial authorities are executed by the district prosecutor or by judicial police officers or agents nominated for this purpose by this prosecutor.
They are executed by the investigating judge or judicial police officers acting in the context of a rogatory letter where they require particular procedural acts which may not be ordered or executed in the course of a preparatory investigation.

Statut de Rome

Article 87 Demandes de coopération : dispositions générales

1.

a) La Cour est habilitée à adresser des demandes de coopération aux États Parties. Ces demandes sont transmises par la voie diplomatique ou toute autre voie appropriée que chaque État Partie choisit au moment de la ratification, de l'acceptation ou de l'approbation du présent Statut ou de l'adhésion à celui-ci.Toute modification ultérieure du choix de la voie de transmission est faite par chaque État Partie conformément au Règlement de procédure et de preuve.