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French Code of Criminal Procedure

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Article 728-19 of the French Code of Criminal Procedure

November 7, 2023

The representative of the public prosecutor shall forward to the competent authority of the executing State a certified copy of the sentencing decision and the original or a copy of the certificate referred to in article 728-12 and, where applicable, a copy of the record of the hearing of the convicted person and the record of the hearing of the person responsible for representing or assisting him or her. He…

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Article 728-20 of the French Code of Criminal Procedure

November 7, 2023

When the sentenced person is on the territory of the executing State, the public prosecutor may ask the competent authority of that State, when forwarding the sentencing decision and the certificate, to provisionally arrest the sentenced person or to take any measure to ensure that he or she remains on the territory of that State pending the decision on recognition and enforcement. In urgent cases, if the representative of the…

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Article 728-21 of the French Code of Criminal Procedure

November 7, 2023

When the representative of the public prosecutor is consulted by the competent authority of the executing State on partial recognition of the sentencing decision, he or she shall examine whether an agreement can be reached, after considering the possible arrangements for such a solution in conjunction with that authority. Partial enforcement of the sentence may not result in an increase in the length of the custodial sentence or detention order….

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Article 728-22 of the French Code of Criminal Procedure

November 7, 2023

As long as the enforcement of the sentence has not begun, the representative of the public prosecutor’s office may, at any time, decide to withdraw the certificate, subject to article 728-22-1. He shall inform the competent authority of the executing State of the reason for such withdrawal. The certificate shall be withdrawn, in particular, when: 1° The competent authority of the enforcing State having issued, subsequent to the transmission of…

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Article 728-22-1 of the French Code of Criminal Procedure

November 7, 2023

The sentenced person may challenge the decision of the representative of the public prosecutor’s office before the president of the enforcement division of the court of appeal: 1° To automatically forward a sentencing decision to the competent authority of another European Union Member State for enforcement pursuant to the third paragraph of Article 728-15 ;

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Article 728-23 of the French Code of Criminal Procedure

November 7, 2023

As soon as the competent authority of the executing State has indicated that it agrees to recognise the sentence and enforce it on its territory, the representative of the Public Prosecutor’s Office, if the sentenced person is on French territory, shall take the necessary measures to ensure that he or she is transferred to the territory of the executing State.

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Article 728-24 of the French Code of Criminal Procedure

November 7, 2023

The Minister of Justice shall send a request for transit accompanied by a copy of the certificate to the competent authority of each Member State crossed on the occasion of the transfer. At the request of that authority, he shall provide a translation of the certificate in the official language or in one of the official languages of the State concerned or in one of the official languages of the…

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Article 728-25 of the French Code of Criminal Procedure

November 7, 2023

If the Member State to which transit is requested cannot guarantee that the sentenced person will not be prosecuted or subjected to a measure involving deprivation or restriction of liberty on its territory for acts or convictions prior to his or her departure from French territory, the Minister of Justice shall withdraw the transit request.

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Article 728-26 of the French Code of Criminal Procedure

November 7, 2023

No transit request is required when the transfer is made by air without a scheduled stopover. However, in the event of an accidental landing on the territory of a Member State of the European Union, the Minister of Justice shall provide the competent authority of that State with the certificate referred to in Article 728-12 within seventy-two hours.

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Article 728-27 of the French Code of Criminal Procedure

November 7, 2023

Where, before or after the transfer of the sentenced person, the competent authority of the administering State requests the representative of the Public Prosecutor’s Office to agree that the sentenced person may be prosecuted, sentenced or deprived of liberty in the administering State for an offence which he or she allegedly committed before being transferred, other than that for which the request for recognition and enforcement was made, the request…

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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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is a Registered Trademark of
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75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396

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