The acts which may give rise to extradition, whether it is a question of requesting it or granting it, are as follows: 1° All acts punishable by criminal penalties under the law of the requesting State; 2° Acts punishable by correctional penalties under the law of the requesting State, when the maximum prison sentence incurred, under the terms of that law, is equal to or greater than two years, or,…
Extradition shall not be granted: 1° Where the person claimed has French nationality, the latter being assessed at the time of the offence for which extradition is requested; 2° Where the crime or offence is of a political nature or where it is clear from the circumstances that extradition is requested for a political purpose; 3° Where the crimes or offences have been committed on the territory of the Republic;…
If, for a single offence, extradition is requested concurrently by several States, it shall be granted in preference to the State against whose interests the offence was directed, or to the State on whose territory it was committed. If the competing requests relate to different offences, account shall be taken, in deciding on priority, of all the factual circumstances, and in particular the relative seriousness and place of the offences,…
Subject to the exceptions provided for in Article 696-34, extradition shall be granted only on condition that the person extradited will not be prosecuted or convicted for an offence other than that for which extradition was requested and prior to surrender.
In the event that a person claimed is being prosecuted or has been convicted in France, and his extradition is requested from the French Government on account of a different offence, surrender shall be effected only after the prosecution has been completed, and, in the event of conviction, after the sentence has been served. However, this provision does not prevent the person claimed from being sent temporarily to appear before…
Subject to the provisions of the fourth paragraph, any request for extradition shall be sent to the French government through diplomatic channels and accompanied either by a judgment or a sentence, even in absentia, or an act of criminal procedure formally decreeing or operating ipso jure the transfer of the person prosecuted before the criminal court, or an arrest warrant or any other act having the same force and issued…
The extradition request is, after verification of the documents, forwarded, together with the file, by the Minister of Foreign Affairs to the Minister of Justice who, after ensuring that the request is in order, sends it to the public prosecutor with territorial jurisdiction.
For the search for a person who is the subject of a request for extradition or provisional arrest for the purposes of extradition, Articles 74-2 and 230-33 are applicable. The powers of the public prosecutor and the liberty and custody judge provided for by this article are exercised respectively by the public prosecutor and the president of the investigating chamber or the councillor appointed by him or her.
Any person apprehended following an extradition request must be brought before the territorially competent public prosecutor within forty-eight hours. The articles 63-1 to 63-7 are applicable during this period. After verifying the identity of the person claimed, the Public Prosecutor shall inform him, in a language he understands, of the existence and content of the extradition request against him and advise him that he may be assisted by a lawyer…
Following notification of the extradition request, if he decides not to release the person claimed, the public prosecutor shall present him to the first president of the court of appeal or to the judge designated by him. The first president of the court of appeal or the sitting magistrate designated by him orders the imprisonment and extradition of the person claimed at the remand centre at the seat of the…
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182, rue de Rivoli
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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