Your extradition lawyer – Goldwin Avocats in Paris

Extradition is based on the willingness of one state to provide international assistance to another. It involves a state requesting the extradition of an individual in order to put him on trial or enforce a sentence that has already been passed. Are you the subject of an extradition request? Contact your criminal lawyer specialising in extradition law immediately. This highly technical procedure requires the intervention of an expert in international criminal law!

What are extradition proceedings?

Extradition is the procedure whereby a requested state agrees to hand over an individual on its territory to the requesting state. The requesting state wishes to try the individual for a crime or misdemeanour, or to enforce a criminal sanction.

Articles 696-1 to 696-7 of the Code of Criminal Procedure govern the extradition procedure. However, these national provisions apply on a subsidiary basis to international texts. An international agreement signed between France and a third country takes precedence. An increasing number of such agreements limit the discretionary power of States to consent or not to an extradition request. Extradition then becomes compulsory when the facts meet the conditions laid down by the convention.

The European Convention on Extradition, signed in Paris on 13 December 1957, is virtually the common law of international extradition. Ratified by 50 countries, it has been applicable in France since 1986. However, the provisions of the Code of Criminal Procedure are intended to apply in a suppletive manner to the various points not covered by international treaties.

Please note: extradition is a highly technical matter, which requires the advice of your lawyer who is an expert in criminal law.

Extradition proceedings should not be confused with…

The transfer of sentenced persons

This procedure allows foreign nationals to serve their sentence in their country of origin (transfer convention signed in Strasbourg on 21 March 1983).

The European arrest warrant

This fast-track procedure involves the surrender of the individual between judicial authorities, on the basis of cooperation between European Union states. See our article on the European arrest warrant!

Expulsion and refoulement

Beware of disguised extradition! Deportation proceedings sometimes disguise extradition, to avoid lengthy procedures. You need to be careful, because it is difficult to challenge the procedure used once the person is outside France’s borders.

Conditions for admissibility of extradition of a person living in France

A foreign individual who has committed the offence

The extradition procedure concerns an individual of foreign nationality who has committed an offence:

• On the territory of the requesting state, whether he is one of its nationals or a foreigner;
• Outside the territory of the requesting state by one of its nationals.

Extradition may also apply to the perpetrator, co-perpetrator or accomplice of an offence or attempted offence.

An offence punishable in France and in the requesting country

The extradition procedure presupposes dual criminality:

• The requesting state punishes the acts with criminal or correctional penalties for which the perpetrator is liable to a prison sentence of 2 years or more;
• French law also punishes the same acts with a criminal or correctional sentence.

Extradition procedure for persons residing in France

An extradition request made through diplomatic channels

The requesting state sends a diplomatic request to the French government. The Minister of Foreign Affairs checks the documents submitted, such as the judgement, conviction or arrest warrant. It then forwards the file to the Minister of Justice, who checks that the request is in order, before sending it to the relevant public prosecutor. The procedure makes it possible to verify the veracity of the charges against the person sought for extradition and the guarantees relating to his or her treatment (respect for fundamental rights).

Appeals against extradition requests

The final decision rests with the French government, which authorises extradition by decree of the Prime Minister. This decree is subject to a suspensive appeal . The Cour de cassation and the Conseil d’État thus exercise judicial control over the extradition procedure.

Cases in which an appeal may be lodged:

• The extradition procedure serves a political purpose;
• The requesting state does not offer the fundamental guarantees of procedure and protection of the rights of the defence (sanction contrary to French order, such as the death penalty or torture);
• An action is time-barred under French law or the law of the foreign state.

Request for provisional arrest

As the extradition request is fairly lengthy, it may be accompanied by a request for provisional arrest to prevent the person from absconding. This must be a direct request from the requesting state, justifying a case of urgency. Provisional arrest is then ordered by the territorially competent public prosecutor. The person is released if the French government does not receive the documents required for extradition within thirty days of the arrest.

Appearance before the Public Prosecutor

The Attorney General informs the person subject to extradition proceedings of their rights. As in police custody, the person may be assisted by a lawyer. He may then consent to the extradition or oppose it. If the person opposes the extradition request, the lawyer must seek ways of preventing the extradition. The lawyer also ensures that his client is released, depending on the guarantees provided (judicial supervision, house arrest).

Finally, extradition proceedings require a thorough understanding of national and international law, which is why the services of a lawyer are essential. You will benefit from expert legal representation, protection of the suspect’s rights and a fair trial. Your lawyer can also negotiate with the authorities to obtain favourable conditions, explore the alternatives available and, if necessary, oppose extradition on legal grounds. Contact your international criminal lawyer for personalised advice on extradition.