Where the wanted person is of French nationality or has been lawfully resident on French territory uninterruptedly for at least five years, the execution of the European arrest warrant may be made subject to verification that he or she can be returned to France to serve the sentence that may be handed down by the judicial authority of the issuing State for the acts that are the subject of the…
If the Investigating Chamber considers that the information communicated by the issuing Member State in the European arrest warrant is insufficient to enable it to rule on the surrender, it shall request the judicial authority of that State to provide the necessary additional information within a maximum of ten days of receipt.
Release may be requested at any time from the Investigating Chamber in accordance with the forms provided for in Articles 148-6 and 148-7. The wanted person’s lawyer is summoned, by registered letter with acknowledgement of receipt, at least forty-eight hours before the date of the hearing. After hearing the Public Prosecutor and the requested person or his lawyer, the Investigating Chamber shall rule as soon as possible and at the…
The release or modification of judicial supervision or electronically monitored house arrest may be ordered at any time by the investigating chamber under the conditions provided for in article 199, either ex officio, on the application of the public prosecutor, or at the request of the wanted person after an opinion from the public prosecutor. The Investigating Chamber shall rule within fifteen days of the matter being referred to it.
If the wanted person voluntarily evades the obligations of judicial supervision or electronically monitored house arrest or if, after having been released without judicial supervision or electronically monitored house arrest, it appears that he or she clearly intends to evade the execution of a European arrest warrant, the Investigating Chamber may, on the application of the Public Prosecutor, issue an arrest warrant for him or her. The provisions of Article…
The Public Prosecutor shall take the necessary measures to ensure that the requested person is surrendered to the judicial authority of the issuing State at the latest within ten days of the date of the final decision of the Investigating Chamber. If the wanted person is at liberty when the decision of the Investigating Chamber authorising surrender is given, the Public Prosecutor may order the arrest of the person concerned…
The provisions of Article 695-37 do not preclude the Investigating Chamber, after ruling on the execution of the European arrest warrant, from temporarily postponing the surrender for serious humanitarian reasons, in particular if the surrender of the wanted person is likely to have serious consequences for him or her due in particular to his or her age or state of health. The Public Prosecutor will then immediately inform the issuing…
Where the requested person is being prosecuted in France or has already been sentenced there and must serve a sentence there for an act other than that covered by the European arrest warrant, the Investigating Chamber may, after ruling on the execution of the arrest warrant, defer the surrender of the person concerned. The Public Prosecutor will then immediately notify the issuing judicial authority. The Investigating Chamber may also decide…
At the time of the surrender, the public prosecutor shall mention the length of detention undergone on national territory as a result of the execution of a European arrest warrant.
When the requested person is arrested, seizure shall be carried out, at the request of the judicial authority of the issuing Member State or on the initiative of the executing judicial authority, in the manner provided for in Article 56, by the first two paragraphs of Article 56-1, by articles 56-2, 56-3, 56-5 and 57 and by the first paragraph of article 59, objects: 1° Which may be used as…
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
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.
