When the French Government has obtained the extradition of a person pursuant to the Convention of 27 September 1996 relating to Extradition between the Member States of the European Union, the person thus extradited may be prosecuted or sentenced for an offence committed prior to the surrender, other than that for which extradition was requested, if he or she expressly waives, after surrender, the benefit of the rule of speciality under the following conditions.
The waiver must relate to specific facts prior to the surrender. It is irrevocable. It is given before the Investigating Chamber of the Court of Appeal within whose jurisdiction the person concerned is imprisoned or has his residence.
At the appearance of the extradited person, which gives rise to a public hearing, the Investigating Chamber establishes the identity and takes statements from this person. An official report is drawn up. The person concerned, assisted if necessary by his lawyer and, if necessary, an interpreter, is informed by the investigating chamber of the legal consequences of his waiver of the rule of speciality on his criminal situation and of the irrevocable nature of the waiver given.
If, at the time of his appearance, the extradited person declares that he waives the rule of speciality, the investigating chamber, after hearing the public prosecutor and the person’s lawyer, acknowledges this to the person. The decision of the Investigating Chamber shall specify the facts for which the waiver has been made.