FRANCE / EXTRADITIONS
Extradition in France is a judicial process that involves the surrender of individuals accused or convicted of crimes to another country where they are required to stand trial or serve a sentence. This process is governed by international treaties, European Union law (particularly the European Arrest Warrant for EU member states), and French domestic law.
General Rules:
- Legal Framework:
- French extradition procedures are primarily guided by the European Convention on Extradition, bilateral treaties with various countries, and specific French legislation in the Code of Criminal Procedure.
- France will not extradite its own nationals except under specific circumstances outlined in European agreements, such as the European Arrest Warrant (EAW).
- Eligibility for Extradition:
- Extradition is only permissible for actions considered criminal by both French law and the law of the requesting country (principle of dual criminality).
- The crime in question must generally carry a potential penalty of at least one year of imprisonment.
- Human Rights Considerations:
- France does not extradite if there is a serious risk that the individual will face torture, inhumane treatment, or if the extradition is sought for political reasons.
- Extradition is also refused if the person risks being tried by an unfair judicial process or faces the death penalty, unless assurances are provided.
Process:
- Request Evaluation:
- Extradition requests are initially processed through diplomatic channels. The Ministry of Foreign Affairs receives and forwards the request to the Ministry of Justice.
- The Ministry of Justice examines the request to ensure it complies with French law and international obligations.
- Judicial Phase:
- The case is referred to the “Chambre de l’instruction” at the relevant Court of Appeal, which assesses the legality of the extradition request and the admissibility based on French law and applicable treaties.
- Both the accused and the prosecution can present their case during this phase.
- Decision and Surrender:
- If the court approves the extradition, the final decision to surrender the individual is made by the Prime Minister.
- The individual has the right to appeal the extradition decision to the Court of Cassation.
Role of the Lawyer:
- Defense Representation:
- Lawyers representing the person sought for extradition play a critical role in defending their rights. They challenge the extradition request on grounds of legality, human rights concerns, and the risk of unfair treatment abroad.
- Legal Counsel:
- Lawyers provide crucial legal advice regarding the implications of extradition, potential defenses, and the likely outcomes. They navigate complex international legal frameworks and ensure that the proper legal procedures are followed.
- Human Rights Advocacy:
- In cases where there are significant human rights concerns, lawyers argue against extradition on the grounds that it would violate international and European human rights standards, such as the European Convention on Human Rights.
Additional Considerations:
- Public and Political Pressure: High-profile cases may involve significant public and political scrutiny, influencing the dynamics of the extradition process.
- International Relations: Extradition cases often have broader diplomatic implications, affecting France’s relations with other countries.
In summary, extradition in France involves a comprehensive legal process with significant implications for the individuals involved. Lawyers specializing in extradition cases provide essential defense services, ensuring that the rights of the individuals are protected while navigating complex international legal landscapes.