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Home | French Legislation Articles | French Code of Criminal Procedure | Legislative part | Book V: Enforcement procedures | Title II: Detention | Chapter VI: Enforcement of decisions imposing custodial sentences or security measures pursuant to Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union | Section 2: Provisions relating to the enforcement, in the territory of other Member States of the European Union, of sentences handed down by French courts. | Paragraph 2: Transfer and transit. | Article 728-25 of the French Code of Criminal Procedure

French Code of Criminal Procedure
- Legislative part
  - Book V: Enforcement procedures
    - Title II: Detention
      - Chapter VI: Enforcement of decisions imposing custodial sentences or security measures pursuant to Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union
        Section 2: Provisions relating to the enforcement, in the territory of other Member States of the European Union, of sentences handed down by French courts.
        Paragraph 2: Transfer and transit.

Article 728-25 of the French Code of Criminal Procedure

Article 728-25 of the French Code of Criminal Procedure

November 7, 2023
7:17 am

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.

Original in French 🇫🇷

Article 728-25

Si l’Etat membre auquel le transit est demandé ne peut garantir que la personne condamnée ne sera pas poursuivie ou soumise à une mesure privative ou restrictive de liberté sur son territoire pour des faits ou condamnations antérieurs à son départ du territoire français, le ministre de la justice retire la demande de transit.

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