Article 696-37 of the French Code of Criminal Procedure
November 7, 2023
The courts referred to in Article 696-36 shall judge the characterisation given to the acts which gave rise to the extradition request.
The courts referred to in Article 696-36 shall judge the characterisation given to the acts which gave rise to the extradition request.
Where extradition is cancelled, the person extradited, if not claimed by the government addressed, shall be released and may not be recaptured, either in respect of the acts for which he was extradited, or in respect of earlier acts, unless, within thirty days of his release, he is arrested on French territory.
A surrendered person shall be deemed to be unreservedly subject to the laws of the requesting State, by reason of any act prior to the extradition and different from the offence for which the extradition was ordered, if for thirty days from the date of his final release he has had the opportunity to leave the territory of that State.
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…
In the event that, the extradition of a foreigner having been obtained by the French Government, the Government of a third country in turn requests the French Government to extradite the same individual on account of an act prior to the extradition, other than that tried in France, and not connected with that act, the Government shall, if necessary, accede to such request only after having ascertained the consent of…
The extradition, by means of transit on French territory or by the vessels of the French maritime services, of a person not having French nationality, handed over by another government is authorised by the Minister of Justice, on simple request through diplomatic channels, supported by the documents necessary to establish that it is not a political or purely military offence. This authorisation may only be given to States which grant…
The investigating chamber which has ruled on the extradition request shall decide whether or not to transmit, in whole or in part, the securities, valuables, money or other objects seized to the requesting government. Such surrender may take place, even if extradition cannot take place, as a result of the escape or death of the person claimed. The Investigating Chamber shall order the return of the papers and other objects…
In the case of criminal proceedings instituted abroad, where a foreign government deems it necessary to serve a procedural document or a judgment on an individual residing on French territory, the document shall be transmitted in accordance with the forms provided for in articles 696-8 and 696-9, accompanied, where applicable, by a French translation. Service is made personally, at the request of the public prosecutor. The original acknowledging service is…
Where, in a criminal case investigated abroad, the foreign government deems it necessary to communicate exhibits or documents in the hands of the French authorities, the request shall be transmitted in the forms provided for in articles 696-8 and 696-9. The request will be followed up, unless there are special considerations to the contrary, and subject to the obligation to return the exhibits and documents as soon as possible. .
When the hearing of a witness residing in France is deemed necessary by a foreign government, the French government, on receipt of a request transmitted in the forms provided for in the articles 696-8 and 696-9, undertakes to attend the summons sent to him. However, the summons is only received and served on condition that the witness cannot be prosecuted or detained for acts or convictions prior to his hearing.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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