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Chapter IV: The European arrest warrant, surrender procedures between Member States of the European Union resulting from the Framework Decision of the Council of the European Union of 13 June 2002 and surrender procedures resulting from agreements concluded by the European Union with other States.

Article 695-11 of the French Code of Criminal Procedure

The European arrest warrant is a judicial decision issued by a Member State of the European Union, known as the issuing Member State, with a view to the arrest and surrender by another Member State, known as the executing Member State, of a person sought for the purposes of criminal proceedings or the execution of a custodial sentence or detention order. The judicial authority shall be competent, in accordance with…

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Article 695-12 of the French Code of Criminal Procedure

The offences which may give rise to the issue of a European arrest warrant are, under the law of the issuing Member State, the following: 1° Offences punishable by deprivation of liberty for a period equal to or exceeding one year or, where a sentence has been passed, where the sentence passed is equal to or exceeds four months’ imprisonment; 2° Offences punishable by a detention order for a period…

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Article 695-13 of the French Code of Criminal Procedure

Every European arrest warrant shall contain the following information: the identity and nationality of the requested person; the precise designation and full contact details of the judicial authority from which it emanates; an indication of the existence of an enforceable judgment, an arrest warrant or any other judicial decision having the same force under the law of the issuing Member State and falling within the scope of the Articles 695-12…

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Article 695-14 of the French Code of Criminal Procedure

The European arrest warrant sent to the competent authority of another Member State must be translated into the official language or one of the official languages of the executing Member State or into one of the official languages of the institutions of the European Union accepted by that State.

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Article 695-15 of the French Code of Criminal Procedure

Where the requested person is in a known place on the territory of another Member State, the European arrest warrant may be sent directly to the executing judicial authority, by any means that leaves a written record, under conditions that enable that authority to verify its authenticity. In other cases, a European arrest warrant may be transmitted either via the Schengen Information System or via the secure telecommunications system of…

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Article 695-16 of the French Code of Criminal Procedure

The Public Prosecutor’s Office at the investigating, trial or enforcement court that has issued an arrest warrant shall execute it in the form of a European arrest warrant either at the request of the court or of its own motion, in accordance with the rules and under the conditions determined by the articles 695-12 to 695-15. In the absence of a waiver of the benefit of the principle of speciality,…

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Article 695-17 of the French Code of Criminal Procedure

Where the Public Prosecutor’s Office has been informed of the arrest of the requested person, it shall without delay send the Minister for Justice a copy of the arrest warrant transmitted to the judicial authority of the executing Member State. Where the arrested person is sought for the enforcement of a custodial sentence or detention order and, having been sentenced in his absence, requests that the sentencing decision be communicated…

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Article 695-17-1 of the French Code of Criminal Procedure

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.

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Article 695-18 of the French Code of Criminal Procedure

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…

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Article 695-19 of the French Code of Criminal Procedure

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,…

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