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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 695-48 of the French Code of Criminal Procedure

The request for a transit authorisation shall be accompanied by the following information: – the identity and nationality of the person sought; – an indication of the existence of a European arrest warrant; – the nature and legal classification of the offence; – the date, place and circumstances in which the offence was committed and the degree of participation in it by the person sought.

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Article 695-51 of the French Code of Criminal Procedure

The provisions of the Articles 695-47 to 695-50 shall apply to requests for transit submitted by a Member State of the European Union or by a State linked to the European Union by an agreement mentioned in Section 5 of this Chapter for the extradition to its territory of a person from a State which is not a Member State of the European Union.

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Article 695-52 of the French Code of Criminal Procedure

In the absence of any stipulation to the contrary in the agreement concerned, this Chapter shall apply to requests for surrender between France and a State which is not a member of the European Union as soon as an agreement concluded by the European Union with that State and establishing a mechanism for surrender on the basis of an arrest warrant enters into force. For the purposes of this section,…

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Article 695-54 of the French Code of Criminal Procedure

The transit of a person who has French nationality or who had this nationality at the time of the acts covered by the arrest warrant issued by a State that is not a member of the European Union shall be refused. The last two paragraphs of Article 695-47 do not apply to surrender procedures resulting from agreements concluded by the European Union with other States.

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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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