If the requested person is in a known place on national territory, the arrest warrant issued by a Member State of the European Union or a State linked to the European Union by an agreement mentioned in section 5 of this chapter may be sent directly, in the original or in a certified copy, by any means that leaves a written trace, to the Public Prosecutor with territorial jurisdiction, who…
Any person apprehended in execution of a European arrest warrant must be brought before the territorially competent public prosecutor within forty-eight hours. During this period, the provisions of Articles 63-1 to 63-7 shall apply. After verifying the identity of that person, the Public Prosecutor shall inform him, in a language he understands, of the existence and content of the European arrest warrant against him. He shall also inform the person…
Following notification of the European arrest warrant, if he decides not to release the wanted person, the public prosecutor shall present him to the first president of the court of appeal or the judge designated by him. The first president of the court of appeal or the judge designated by him shall order the detention of the wanted person at the prison of the court of appeal in whose jurisdiction…
For the examination of requests for the execution of a European arrest warrant concerning the perpetrators of acts of terrorism, the Public Prosecutor at the Paris Court of Appeal, the First President of the Paris Court of Appeal and the Investigating Chamber of the Paris Court of Appeal and its President shall exercise concurrent jurisdiction with that resulting from the application of the articles 695-26 et 695-27.
The proceedings are immediately referred to the Investigating Chamber. The wanted person shall appear before it within five working days from the date of his presentation to the public prosecutor.
When the wanted person appears, the investigating chamber establishes his or her identity and takes his or her statements, a record of which is drawn up. The hearing is public, unless publicity is likely to prejudice the proper conduct of the proceedings in progress, the interests of a third party or the dignity of the person. In this case, the Investigating Chamber, at the request of the Public Prosecutor, the…
If, at the time of his appearance, the wanted person declares that he consents to his surrender, the investigating chamber informs him of the legal consequences of his consent and of its irrevocable nature. When the wanted person maintains his consent to surrender, the Investigating Chamber asks him whether he intends to waive the rule of speciality, after having informed him of the legal consequences of such a waiver and…
Where the wanted person is of French nationality or has been lawfully resident on French territory uninterruptedly for at least five years, the execution of the European arrest warrant may be made subject to verification that he or she can be returned to France to serve the sentence that may be handed down by the judicial authority of the issuing State for the acts that are the subject of the…
If the Investigating Chamber considers that the information communicated by the issuing Member State in the European arrest warrant is insufficient to enable it to rule on the surrender, it shall request the judicial authority of that State to provide the necessary additional information within a maximum of ten days of receipt.
Release may be requested at any time from the Investigating Chamber in accordance with the forms provided for in Articles 148-6 and 148-7. The wanted person’s lawyer is summoned, by registered letter with acknowledgement of receipt, at least forty-eight hours before the date of the hearing. After hearing the Public Prosecutor and the requested person or his lawyer, the Investigating Chamber shall rule as soon as possible and at the…
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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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