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.

The execution of a European arrest warrant shall be refused in the following cases: 1° If the acts for which it was issued could be prosecuted and judged by the French courts and the public prosecution is extinguished by amnesty ; 2° If the requested person has been the subject, by the French judicial authorities or by those of a Member State other than the issuing State, of a final…

Where the European arrest warrant is issued for the purpose of executing a custodial sentence or detention order, its execution may be refused where the person concerned did not appear in person at the trial at which the sentence or detention order was imposed unless, according to the information entered by the issuing Member State in the European arrest warrant, he is in one of the following cases: 1° He…

The execution of a European arrest warrant may also be refused if the act which is the subject of the said arrest warrant does not constitute an offence under French law. By way of derogation from the first paragraph, a European arrest warrant shall be executed without verification of the double criminality of the acts complained of where the acts in question are, under the law of the issuing Member…

The execution of a European arrest warrant may be refused: 1° If, for the acts which are the subject of the arrest warrant, the person sought is being prosecuted before the French courts or if the French courts have decided not to institute proceedings or to terminate them; 2° Si la personne recherchée pour l’exécution d’une peine ou d’une mesure de sûreté privative de liberté est de nationalité française, a…

Reasons must be given for any refusal to execute a European arrest warrant.