FRANCE Law and Practice Contributed by: Christophe Ingrain, Tristan Gautier and Benoît Martinez, Darrois Villey Maillot & Brochier
1.4 Extraterritorial Reach and Cross-Border Co-Operation Extraterritorial Reach In accordance with the principle of territoriality, French criminal courts have jurisdiction with regard to criminal offences having taken place on French territory. An offence is deemed to be committed in France where any one of its constituent elements occurs on French soil. With regard to cybercrime, jurisdiction is extended to any offence committed via electronic communications networks against a natural person residing in France or a legal entity whose registered office is in France, regardless of the nationality of the victim (Article 113- 2-1, CP). French law also applies in principle to accomplices located in France who aid or incite an offence com - mitted abroad (Article 113-5, CP), the conditions being that the offence is punishable under both French and foreign law, and that a final decision of the foreign court establishes the offence. In addition, French courts have jurisdiction over crimes committed by a French national abroad (Article 113-6, CP) or where a French national is a victim (Article 113- 7, CP). French courts also have universal jurisdiction over the most serious crimes committed abroad (eg, crimes against humanity). Cross-Border Co-operation Mutual legal assistance and blocking statutes France participates in broad co-operation mecha - nisms, including the European Convention on Mutual Assistance in Criminal Matters (1959), the European Investigation Order (2014/41/EU), and bilateral trea - ties with key jurisdictions. Mutual legal assistance is particularly important among EU member states. In the absence of a treaty, co-operation may be grant - ed under Articles 694 et seq. CPP, subject to reciproc - ity and double criminality. France maintains a blocking statute, prohibiting the communication of sensitive information to foreign authorities outside formal co-operation channels. While rarely enforced, it provides a formal legal shield
Presumptions and Reversals of the Burden of Proof Statutory presumptions can apply in certain areas. For instance, in money laundering cases, the prosecution does not need to prove the exact illicit origin of assets, but only that a lawful origin cannot be established. The accused is expected to demonstrate the legitimate source of the funds (Article 324-1-1, CP). 1.3 Statute of Limitations According to the Code of Criminal Procedure ( Code de procedure pénale CPP), the statute of limitations of prosecution is as follows: • 20 years for felonies (30 years for terrorism, drug trafficking and certain offences against minors for which the period begins to run from the victim’s 18th birthday); no limitation applies for the most serious crimes such as crimes against humanity (Article 7, CPP); • six years for misdemeanours (20 years for terrorism and drug trafficking, between 10 and 20 years for certain offences against minors, starting from the victim’s 18th birthday) (Article 8, CPP); and • one year for contraventions (Article 9, CPP). Commencement of the Limitation Period In principle, the limitation period begins on the day the offence is committed. For continuing offences, includ - ing concealment or a series of acts, the period begins on the last act of commission of the offence.
Suspension and Interruption The limitation period may be:
• suspended where prosecution is temporarily impossible or when the law provides for it (eg, while negotiating a deferred prosecution agree - ment ( Convention judiciaire d’intérêt public CJIP)) (Article 9-3, CPP); or • interrupted by formal procedural acts, including the initiation of an investigation, issuance of a sum - mons, or filing with a court (Article 9-2, CPP); each act resets the limitation period.
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