Article 728-71 of the French Code of Criminal Procedure
The Minister of Justice authorises the transit through French territory of persons transferred from the sentencing State to the executing State.
Home | French Legislation Articles | French Code of Criminal Procedure | Legislative part | Book V: Enforcement procedures | Title II: Detention | Chapter VI: Enforcement of decisions imposing custodial sentences or security measures pursuant to Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union | Section 4: Provisions relating to transit on French territory.
The Minister of Justice authorises the transit through French territory of persons transferred from the sentencing State to the executing State.
The request for transit shall be accompanied by the certificate referred to in Article 728-12 drawn up by the competent authority of the convicting State. The Minister of Justice may request a French translation of the certificate. .
When the Minister of Justice cannot guarantee that the sentenced person will not be prosecuted, detained or subjected to any other restriction of his or her personal freedom on French territory, for acts or convictions prior to his or her departure from the territory of the sentencing State, he or she shall inform the authority that requested transit.
The Minister of Justice will make a decision as soon as possible and no later than one week after receipt of the request for transit. Where a translation of the certificate is requested, this period shall run only from the date of transmission of that translation.
The convicted person may only be held in detention for the time strictly necessary for transit through French territory.
This section applies in the event of an accidental landing on national territory during the transfer.
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75001, Paris France
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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
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