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.
If the requested person is in a known place on national territory, the arrest warrant issued by a Member State of the European Union or a State linked to the European Union by an agreement mentioned in section 5 of this chapter may be sent directly, in the original or in a certified copy, by any means that leaves a written trace, to the Public Prosecutor with territorial jurisdiction, who…
Any person apprehended in execution of a European arrest warrant must be brought before the territorially competent public prosecutor within forty-eight hours. During this period, the provisions of Articles 63-1 to 63-7 shall apply. After verifying the identity of that person, the Public Prosecutor shall inform him, in a language he understands, of the existence and content of the European arrest warrant against him. He shall also inform the person…
Following notification of the European arrest warrant, if he decides not to release the wanted person, the public prosecutor shall present him to the first president of the court of appeal or the judge designated by him. The first president of the court of appeal or the judge designated by him shall order the detention of the wanted person at the prison of the court of appeal in whose jurisdiction…
For the examination of requests for the execution of a European arrest warrant concerning the perpetrators of acts of terrorism, the Public Prosecutor at the Paris Court of Appeal, the First President of the Paris Court of Appeal and the Investigating Chamber of the Paris Court of Appeal and its President shall exercise concurrent jurisdiction with that resulting from the application of the articles 695-26 et 695-27.
The proceedings are immediately referred to the Investigating Chamber. The wanted person shall appear before it within five working days from the date of his presentation to the public prosecutor.
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
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
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
Resources
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
Useful links
