Chapter V: Extradition

The extradition, by means of transit on French territory or by the vessels of the French maritime services, of a person not having French nationality, handed over by another government is authorised by the Minister of Justice, on simple request through diplomatic channels, supported by the documents necessary to establish that it is not a political or purely military offence. This authorisation may only be given to States which grant…

The investigating chamber which has ruled on the extradition request shall decide whether or not to transmit, in whole or in part, the securities, valuables, money or other objects seized to the requesting government. Such surrender may take place, even if extradition cannot take place, as a result of the escape or death of the person claimed. The Investigating Chamber shall order the return of the papers and other objects…

In the case of criminal proceedings instituted abroad, where a foreign government deems it necessary to serve a procedural document or a judgment on an individual residing on French territory, the document shall be transmitted in accordance with the forms provided for in articles 696-8 and 696-9, accompanied, where applicable, by a French translation. Service is made personally, at the request of the public prosecutor. The original acknowledging service is…

Where, in a criminal case investigated abroad, the foreign government deems it necessary to communicate exhibits or documents in the hands of the French authorities, the request shall be transmitted in the forms provided for in articles 696-8 and 696-9. The request will be followed up, unless there are special considerations to the contrary, and subject to the obligation to return the exhibits and documents as soon as possible. .

When the hearing of a witness residing in France is deemed necessary by a foreign government, the French government, on receipt of a request transmitted in the forms provided for in the articles 696-8 and 696-9, undertakes to attend the summons sent to him. However, the summons is only received and served on condition that the witness cannot be prosecuted or detained for acts or convictions prior to his hearing.

The sending of detained individuals, with a view to a confrontation, must be requested in the forms provided for in articles 696-8 and 696-9. The request shall be granted, unless special considerations prevent it, and on condition that the said detainees are returned as soon as possible.

Where, following a request for extradition from the French Government, the person has already been surrendered and where, in the absence of a waiver of the principle of speciality by the person or by the foreign Government, authorisation is sought to extend the prosecution to other offences committed before the person’s arrival on national territory, this request shall be accompanied by an arrest warrant if such a warrant had already…