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Article 695-55 of the French Code of Criminal Procedure

The second to last paragraphs of Article 695-23 shall not apply to the surrender procedures mentioned in this section. By way of derogation from the first paragraph of the same Article 695-23, the surrender of a person shall be carried out without verification of the dual criminality of the acts complained of when the acts in question are, under the law of the non-EU Member State, punishable by a custodial…

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Article 695-56 of the French Code of Criminal Procedure

For the implementation of 2° of Article 695-24 in the context of the surrender procedures provided for in this section, the execution of the arrest warrant may be refused if the person sought for the execution of a custodial sentence or a custodial security measure is not of French nationality but has been lawfully residing uninterruptedly for at least five years on national territory and the Public Prosecutor undertakes to…

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Article 695-57 of the French Code of Criminal Procedure

Surrender shall not be granted to a State that is not a member of the European Union if the offence for which surrender is requested is of a political nature, unless it is an offence referred to in Articles 1 and 2 of the European Convention on the Suppression of Terrorism, signed in Strasbourg on 27 January 1977, the offence of conspiracy to commit such offences, or the offences referred…

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Article 695-58 of the French Code of Criminal Procedure

For the application of Article 695-46, in the context of the surrender procedures provided for in this section, consent shall be refused to a State that is not a member of the European Union if the offence in respect of which it is requested is of a political nature, unless it concerns an offence referred to in Articles 1 and 2 of the European Convention on the Suppression of Terrorism,…

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Article 696 of the French Code of Criminal Procedure

In the absence of an international convention providing otherwise, the conditions, procedure and effects of extradition shall be determined by the provisions of this Chapter. These provisions shall also apply to matters which may not have been regulated by international conventions.

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Article 696-2 of the French Code of Criminal Procedure

The French government may hand over, at their request, to foreign governments, any person not of French nationality who, being the subject of proceedings brought in the name of the requesting state or of a conviction handed down by its courts, is found on the territory of the Republic. Nevertheless, extradition is granted only if the offence causing the request has been committed : – either on the territory of…

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Article 696-3 of the French Code of Criminal Procedure

The acts which may give rise to extradition, whether it is a question of requesting it or granting it, are as follows: 1° All acts punishable by criminal penalties under the law of the requesting State; 2° Acts punishable by correctional penalties under the law of the requesting State, when the maximum prison sentence incurred, under the terms of that law, is equal to or greater than two years, or,…

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Article 696-4 of the French Code of Criminal Procedure

Extradition shall not be granted: 1° Where the person claimed has French nationality, the latter being assessed at the time of the offence for which extradition is requested; 2° Where the crime or offence is of a political nature or where it is clear from the circumstances that extradition is requested for a political purpose; 3° Where the crimes or offences have been committed on the territory of the Republic;…

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Article 696-5 of the French Code of Criminal Procedure

If, for a single offence, extradition is requested concurrently by several States, it shall be granted in preference to the State against whose interests the offence was directed, or to the State on whose territory it was committed. If the competing requests relate to different offences, account shall be taken, in deciding on priority, of all the factual circumstances, and in particular the relative seriousness and place of the offences,…

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