Legislative part

As an exception to the provisions of Article 696-6, the rule of speciality does not apply where the person claimed waives it under the conditions provided for in articles 696-28 and 696-40 or where the French Government gives its consent under the conditions set out in article 696-35. This consent may be given by the French Government, even if the act, cause of the request, is not one of the…

In the event that the requesting government seeks, for an offence prior to extradition, authorisation to prosecute or enforce a sentence concerning the person already surrendered, the opinion of the investigating chamber before which the person claimed had appeared may be formulated solely on the basis of the documents transmitted in support of the new request. The documents containing the observations of the person surrendered or the declaration that he…

Extradition obtained by the French Government shall be null and void if it has taken place outside the conditions provided for in this chapter. Immediately after the extradited person is taken into custody, the public prosecutor shall notify him that he has the right to request that the nullity of the extradition be pronounced in the conditions of form and time provided for in this article and that he has…

The courts referred to in Article 696-36 shall judge the characterisation given to the acts which gave rise to the extradition request.

Where extradition is cancelled, the person extradited, if not claimed by the government addressed, shall be released and may not be recaptured, either in respect of the acts for which he was extradited, or in respect of earlier acts, unless, within thirty days of his release, he is arrested on French territory.

A surrendered person shall be deemed to be unreservedly subject to the laws of the requesting State, by reason of any act prior to the extradition and different from the offence for which the extradition was ordered, if for thirty days from the date of his final release he has had the opportunity to leave the territory of that State.

When the French Government has obtained the extradition of a person pursuant to the Convention of 27 September 1996 relating to Extradition between the Member States of the European Union, the person thus extradited may be prosecuted or sentenced for an offence committed prior to the surrender, other than that for which extradition was requested, if he or she expressly waives, after surrender, the benefit of the rule of speciality…

In the event that, the extradition of a foreigner having been obtained by the French Government, the Government of a third country in turn requests the French Government to extradite the same individual on account of an act prior to the extradition, other than that tried in France, and not connected with that act, the Government shall, if necessary, accede to such request only after having ascertained the consent of…