The Minister of Justice shall send a request for transit accompanied by a copy of the certificate to the competent authority of each Member State crossed on the occasion of the transfer. At the request of that authority, he shall provide a translation of the certificate in the official language or in one of the official languages of the State concerned or in one of the official languages of the…
If the Member State to which transit is requested cannot guarantee that the sentenced person will not be prosecuted or subjected to a measure involving deprivation or restriction of liberty on its territory for acts or convictions prior to his or her departure from French territory, the Minister of Justice shall withdraw the transit request.
No transit request is required when the transfer is made by air without a scheduled stopover. However, in the event of an accidental landing on the territory of a Member State of the European Union, the Minister of Justice shall provide the competent authority of that State with the certificate referred to in Article 728-12 within seventy-two hours.
Where, before or after the transfer of the sentenced person, the competent authority of the administering State requests the representative of the Public Prosecutor’s Office to agree that the sentenced person may be prosecuted, sentenced or deprived of liberty in the administering State for an offence which he or she allegedly committed before being transferred, other than that for which the request for recognition and enforcement was made, the request…
Enforcement of the sentence is governed by the law of the State in whose territory it is enforced.
Where the sentence is the subject of an amnesty, pardon, revision or any other decision or measure having the effect of depriving it, immediately or otherwise, of its enforceability, the representative of the public prosecutor shall inform the competent authority of the executing State without delay.
The Public Prosecutor’s Office recovers the right to enforce the sentencing decision on French territory as soon as the competent authority of the enforcing State informs it of the partial non-enforcement of this decision due to the escape of the sentenced person or the fact that the sentenced person cannot be found on the territory of that State.
Recognition and enforcement on French territory of a conviction handed down by the court of another Member State may be refused only in the cases provided for in Articles 728-32 and 728-33. The decision to refuse shall state the reasons for the refusal by reference to these same articles.
Enforcement of the sentencing decision shall be refused in the following cases: 1° The certificate is not produced, is incomplete or manifestly does not correspond to the sentencing decision and has not been completed or corrected within the time limit set; 2° The sentenced person is neither in France nor in the sentencing State; 3° The conditions laid down in Article 728-11 are not fulfilled; 4° The conviction relates to…
Enforcement of the sentencing decision may be refused in the following cases: 1° The sentencing decision is based on offences committed wholly, mainly or for the most part on French territory or in an assimilated place; 2° The length of the sentence remaining to be served is less than six months on the date of receipt of the certificate; 3° The sentencing State has refused to give its consent for…
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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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