FRANCE Law and Practice Contributed by: Samuel Sauphanor, Alexandra Szekely, Timothée de Saint Viance and Benoît Barré, Le 16 Law
6. Privileges 6.1 Invoking the Privilege Against Self- Incrimination In criminal proceedings under French law, the right to remain silent is a fundamental safe - guard. It is expressly recognised in Article 63-1 of the French Criminal Procedure Code, which requires that any person placed in police cus - tody be immediately informed of their right to remain silent. This principle has been reaffirmed by the French Constitutional Council, which has recognised it as having constitutional value. It applies through - out the criminal process, from police custody to trial, and must be clearly communicated by the authorities at each procedural stage where the individual is questioned as a suspect. Failure to advise the defendant of this right con - stitutes a serious procedural violation, rendering any resulting conviction void. In practice, invok - ing the right to silence cannot be used as evi - dence of guilt. However, a defendant’s silence may be taken into account when assessing over - all procedural co-operation, particularly in cases involving negotiation mechanisms such as the CJIP (see 1.2 Causes of Action After Receipt of a Bribe ). By contrast, in civil proceedings, there is no equivalent privilege. A party cannot refuse to provide evidence on the basis that it may be self- incriminating. However, a civil court’s powers to compel testimony or disclosure are more limited in scope than those of criminal authorities.
5.2 Enforcement of Foreign Judgments Foreign judgments may only be enforced in France upon successful completion of the exe - quatur procedure unless an international instru - ment provides otherwise. Under Article 509 of the French Civil Proce - dure Code, a foreign judgment cannot produce enforceable effects in France unless it is formally recognised. In the absence of a treaty, the condi - tions for exequatur have been set by case law and require the applicant to establish that: • the foreign court had jurisdiction under French conflict of laws rules; • the decision does not contravene internation - al public policy; and • there is no fraud, either in the substantive rul- ing or in the choice of forum. Where applicable, enforcement may also pro - ceed under international or regional instruments. Notably: • EU Regulation No 1215/2012 (Brussels I bis) allows for automatic recognition and enforce - ment of civil and commercial judgments between EU member states without a decla - ration of enforceability; and • the Hague Convention of 2 July 2019, once ratified, will provide a harmonised framework for the enforcement of judgments among signatory states. In criminal matters, enforcement of foreign deci - sions is governed by the French Criminal Proce - dure Code (Articles 713 et seq) and applicable bilateral conventions. Where no such agreement exists, enforcement is subject to the discretion of the French authorities and co-operation may prove impractical.
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