If the public prosecutor is informed by the judicial authority of the executing Member State of a request from the arrested person for the appointment of a lawyer on national territory, he shall provide that person with the relevant information enabling him to choose a lawyer or, at the person’s request, have a lawyer appointed ex officio by the President of the Bar.
When the public prosecutor who issued the European arrest warrant has obtained the surrender of the requested person, that person may not be prosecuted, sentenced or detained with a view to the enforcement of a custodial sentence for any act prior to the surrender and other than that which motivated that measure, except in one of the following cases: 1° Where the person has expressly renounced, at the same time…
For the case referred to in 2° of Article 695-18, the waiver is given before the investigating, trial or enforcement court to which the person is subject after surrender and is irrevocable. When the surrendered person appears, the competent court establishes the identity and takes statements from this person. An official report shall be drawn up. The person concerned, assisted if necessary by his lawyer and, if necessary, an interpreter,…
For the cases referred to in 3° of articles 695-18 and 695-21, the request for consent shall be sent by the public prosecutor to the judicial authority of the executing Member State. It must contain, under the conditions provided for in Article 695-14, the information listed in Article 695-13. In the case referred to in 3° of Article 695-18, it shall be accompanied by a report recording the statements made…
I.-Where the Public Prosecutor who issued the European arrest warrant has obtained the surrender of the requested person, that person may not, without the consent of the executing Member State, be surrendered to another Member State with a view to prosecution or to the enforcement of a custodial sentence or detention order for any act prior to the surrender and different from the offence which gave rise to that measure,…
The execution of a European arrest warrant shall be refused in the following cases: 1° If the acts for which it was issued could be prosecuted and judged by the French courts and the public prosecution is extinguished by amnesty ; 2° If the requested person has been the subject, by the French judicial authorities or by those of a Member State other than the issuing State, of a final…
Where the European arrest warrant is issued for the purpose of executing a custodial sentence or detention order, its execution may be refused where the person concerned did not appear in person at the trial at which the sentence or detention order was imposed unless, according to the information entered by the issuing Member State in the European arrest warrant, he is in one of the following cases: 1° He…
The execution of a European arrest warrant may also be refused if the act which is the subject of the said arrest warrant does not constitute an offence under French law. By way of derogation from the first paragraph, a European arrest warrant shall be executed without verification of the double criminality of the acts complained of where the acts in question are, under the law of the issuing Member…
The execution of a European arrest warrant may be refused: 1° If, for the acts which are the subject of the arrest warrant, the person sought is being prosecuted before the French courts or if the French courts have decided not to institute proceedings or to terminate them; 2° Si la personne recherchée pour l’exécution d’une peine ou d’une mesure de sûreté privative de liberté est de nationalité française, a…
Reasons must be given for any refusal to execute a European arrest warrant.
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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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