If the Investigating Chamber finds that the legal conditions for extradition have been met, it shall issue a judgment in which it acknowledges the person claimed’s formal consent to be extradited and, where applicable, his waiver of the rule of speciality and grants extradition. The Investigating Chamber shall rule within seven days from the date of the person claimed’s appearance before it.
If the person claimed lodges, within the legal time limit, an appeal in cassation against the decision of the Investigating Chamber granting his extradition, the President of the Criminal Division of the Court of Cassation or the councillor delegated by him shall, within fifteen days of the lodging of the appeal, issue an order in which he notes that the person claimed has thereby withdrawn his consent to extradition and,…
When the decision of the Investigating Chamber grants the extradition of the person claimed and this decision is final, the Public Prosecutor shall notify the Minister of Justice, who shall inform the competent authorities of the requesting State of the decision reached. The Minister of Justice shall take the necessary measures to ensure that the person concerned is surrendered to the authorities of the requesting State at the latest within…
Release or the release or modification of judicial supervision or house arrest under electronic surveillance 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 provisions of articles 696-19 and 696-20 shall then apply. .
The provisions of Articles 696-26 to 696-32 are applicable if the person whose provisional arrest has been requested is the subject of an extradition request and consents to being extradited more than ten days after his arrest and no later than the day of his first appearance before the investigating chamber, seised under the conditions set out in Section 2 of this Chapter, or if the person whose extradition is…
As an exception to the provisions of Article 696-6, the rule of speciality does not apply where the person claimed waives it under the conditions provided for in articles 696-28 and 696-40 or where the French Government gives its consent under the conditions set out in article 696-35. This consent may be given by the French Government, even if the act, cause of the request, is not one of the…
In the event that the requesting government seeks, for an offence prior to extradition, authorisation to prosecute or enforce a sentence concerning the person already surrendered, the opinion of the investigating chamber before which the person claimed had appeared may be formulated solely on the basis of the documents transmitted in support of the new request. The documents containing the observations of the person surrendered or the declaration that he…
Extradition obtained by the French Government shall be null and void if it has taken place outside the conditions provided for in this chapter. Immediately after the extradited person is taken into custody, the public prosecutor shall notify him that he has the right to request that the nullity of the extradition be pronounced in the conditions of form and time provided for in this article and that he has…
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.
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
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
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
Resources
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
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.
