Where the issuing State requests, under a European Investigation Order, the temporary transfer of a person detained in France, the judge hearing the case may, without prejudice to the provisions of Article 694-31, refuse to execute the request if the person concerned opposes it or if his transfer is likely to prolong the duration of his detention.
If the request concerns a minor or an adult benefiting from a protective measure pursuant to the provisions of Title XI of Book I of the Civil Code, his/her legal representative, guardian or curator is invited to give his/her opinion beforehand.
If the request is granted, the judge hearing the case sets the time limit within which the detainee must be returned to France and specifies, where applicable, the special care arrangements that must be observed in order to guarantee respect for the detainee’s rights and the safety of the transfer.
The period of detention undergone by the person outside national territory is taken into account in full when calculating the total period of detention.