Fiches Belges

The european protection order extends the effects of a protection measure taken on a territory of a Member state on the territory of anthoer Member State as long as this measure is taken at national level. In France, those measures are taken in the following cases: - before a criminal conviction, in the context of a placement under judicial supervision; - after a criminal conviction, as part of the obligations of a suspended sentence with probation or as part of the obligations imposed during a conditional release. Once the European protection order has been recognized, the liberty and custody judge determines the protection measures to ensure the protection of the victim in accordance with French legislation.

Directive 2011/99/EU of the European Parliament and of the Council of 13 December 2011 on the European protection order as transposed in the French Code of criminal procedure at articles 696-97 to 696-107.

1/ To receive the european protection order: The public prosecutor with territorial jurisdiction, that is to say the public prosecutor of the regional court in the jurisdiction of which the victim intends to live or to stay. 2/ To execute the measure: The liberty and custody judge of the regional court in the jurisdiction of which the victim intends to live or to stay.

As provided under the relevant Directive, a European Protection Order is to be translated by the competent authority of the issuing State into the official language or into one of the official languages of the executing State.

The public prosecutor refers, with his/her submissions, the recognition and the execution of the Euorpean Protection order to the liberty and custody judge within 7 days following its receipt. The liberty and custody judge shall rule on requests for recognition of European protection order within 10 days of the referral by the public prosecutor.

Articles 696-100 and 696-101 of the Code of Criminal Procedure sets out a list of the cases in which the recognition of a European Protection Order shall be refused and of the cases in which the recognition of a European Protection Order may be refused by the French authorities. • Recognition of a European Protection Order shall be refused in the following cases: - The European Protection Order is incomplete or has not been completed within the deadline set by the competent authority of the executing State; - The conditions set out in article 696-90 have not been met; - The protection measure has been decided on the basis of conduct which does not constitute a criminal offence under French law; - The European Protection Order is based on the execution of a measure or of a punishment concerning conduct which falls within the competence of French jurisdictions and which has been the subject of an amnesty under French law; - The perpetrator of the offence has the right, in France, to immunity, which constitutes a bar to the execution, in France of the European Protection Order; - The European Protection Order is based on facts which could be judged (prosecuted) by the French jurisdictions and the limitation period for a prosecution has expired under French law; - The European Protection Order is based on offences for which the person suspected, prosecuted or convicted has already been the subject of a final judgment by the French jurisdictions or by the jurisdictions of a Member State other than the issuing State, on condition that the sentence has been served, is in the process of being served or can no longer be enforced under the law of the Member State which passed the sentence; - The perpetrator of the offence was under 13 years of age on the date of the offence. • Recognition of a European Protection Order may be refused if the Order is based on: - Offences committed entirely, for the most part or in the main on the territory of the Republic or in a place which is regarded as such; - Offences for which the person suspected, prosecuted or convicted has already been the subject of a final judgment by the jurisdictions of another State which is not a member of the European Union, on condition that the sentence has been served, is in the process of being served or can no longer be enforced under the law of the State which passed the sentence.