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Article 695-42 of the French Code of Criminal Procedure

Where several Member States have issued a European arrest warrant for the same person, whether for the same act or for different acts, the choice of the European arrest warrant to be executed shall be made by the investigating chamber, where appropriate, after consulting Eurojust, taking into account all the circumstances and in particular the degree of seriousness and the place where the offences were committed, the respective dates of…

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Article 695-43 of the French Code of Criminal Procedure

Where, in specific cases and in particular if, following an appeal in cassation, the final decision on the execution of the European arrest warrant cannot be given by the competent judicial authorities within sixty days of the arrest of the requested person, the Public Prosecutor with territorial jurisdiction shall immediately inform the judicial authority of the issuing Member State, giving the reasons for the delay. This period shall then be…

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Article 695-44 of the French Code of Criminal Procedure

Where the European arrest warrant has been issued for the purposes of criminal proceedings, the Investigating Chamber shall accede to any request for a hearing of the requested person made by the judicial authority of the issuing Member State. The requested person may only be heard or questioned, unless he or she expressly waives this, in the presence of his or her lawyer or the latter duly summoned. The wanted…

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Article 695-45 of the French Code of Criminal Procedure

The investigating chamber may also, where this is possible and the person sought consents, agree to the temporary transfer of the latter in accordance with the forms provided for in the articles 695-28 and 695-29, the first to third paragraphs of article 695-30, and the last paragraph of l’article 695-31, it being for the judicial authority of the issuing Member State to send the person back to attend hearings concerning…

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Article 695-46 of the French Code of Criminal Procedure

The investigating chamber before which the requested person has appeared shall hear any request from the competent authorities of the issuing Member State to consent to prosecution or to the enforcement of a sentence or detention order imposed for offences other than those for which the person was surrendered and committed prior to the surrender. The Investigating Chamber shall also have jurisdiction to rule, after the surrender of the requested…

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Article 695-47 of the French Code of Criminal Procedure

The Minister of Justice authorises the transit through French territory of a person wanted under a European arrest warrant. Where the wanted person is of French nationality or has been residing lawfully uninterruptedly for at least five years on French territory, authorisation may be made subject to the condition that, after being heard, he or she is returned to French territory to serve any custodial sentence that may be handed…

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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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