France is an active participant in the international justice system, which is also reflected in its cooperation with Interpol. One of the most important tools for the international prosecution of criminals is the Interpol Red Notice. An international arrest warrant and extradition can have a significant negative impact on the life of any person. In such complex legal matters, it is important to enlist the support of experienced lawyers who specialize in extradition and Interpol.
Extradition in France
Extradition is the process of transferring a person from one country to another to face criminal charges or to carry out a sentence. In France, the extradition procedure is governed by international treaties. When requesting extradition from another country, France evaluates the legality and grounds of the request, respect for human rights and the existence of an international treaty.
The main conditions for extradition in France:
- The principle of double criminality: extradition is only possible if the act for which the person is accused is considered a crime both in France and in the requesting country;
- Protection against political crimes: France does not extradite persons if the crime is of a political nature;
- The principle of human rights: extradition is not possible if there is a risk of torture, the death penalty or inhuman treatment;
- The principle of Ne Bis In Idem (double jeopardy): a person cannot be punished twice for the same crime;
- The right to defense and a fair trial: the extradited person must receive a fair trial;
- Refusal to extradite its citizens: France is not obliged to extradite its citizens.
France may extradite a person for the following crimes:
- Murder and other forms of premeditated murder;
- Rape and sexual crimes;
- Drug trafficking;
- Terrorism and terrorist financing;
- Fraud;
- Money laundering;
- Corruption;
- Tax evasion;
- Theft of public funds;
- Arms smuggling;
- Human trafficking;
- Cybercrime;
- Genocide;
- Crimes against humanity;
- Threat to national security.
However, an extradition request can be challenged on the following grounds:
- The requested person is a French national;
- The crime is of a political nature or extradition has been requested for political reasons;
- The crime was committed on French national territory;
- The statute of limitations for prosecution or punishment has expired and, in general, the right to prosecution in the requested State has been lost;
- The requesting State imposes a punishment or security measure contrary to French public policy;
- The offence constitutes a war crime.
Extradition process in France
The procedure begins with the receipt of an official request from a foreign country, which is sent through diplomatic channels to the French Ministry of Foreign Affairs. It is then forwarded to the Ministry of Justice for further consideration.
The Ministry of Justice carries out a preliminary check of the request received to ensure that it meets the formal requirements. At this stage, the existence of an extradition treaty, the statute of limitations and double criminality are checked.
If the request meets the formal requirements, the Attorney General at the Court of Appeal may issue an arrest warrant for the suspect. Upon arrest, the person is informed of the reasons for the arrest and of his rights, including the right to a lawyer and an interpreter.
The case is transferred to the Investigation Chamber (Chambre de l’instruction) of the Court of Appeal in the place of arrest. The trial includes a review of the legality of the arrest and a hearing at which the suspect and his lawyer can present arguments against extradition.
The Court of Appeal then issues a reasoned opinion (avis) on the admissibility or inadmissibility of extradition. The court’s opinion is advisory in nature. The final decision is made by the Prime Minister or the Minister of Justice.
The suspect has the right to appeal the extradition decision. An appeal can be filed with the Court of Cassation (Cour de cassation) against the conclusion of the Court of Appeal, or with the Council of State (Conseil d’État) against the decision of the executive branch.
Once all legal remedies have been exhausted and the extradition decision has been finally approved, law enforcement agencies will arrange for the suspect to be handed over to representatives of the requesting country.
Legal basis for extradition in France
The main domestic law governing extradition in France is the Code of Criminal Procedure. Sections 696 and following articles establish the procedures and conditions for extradition.
The Constitution of the Fifth Republic establishes the supremacy of international treaties over domestic law (Article 55). This means that international extradition agreements take precedence in the event of a conflict with national law.
France is a party to the European Convention on Extradition, signed within the Council of Europe. The Convention establishes common rules and procedures for extradition between member states.
Since 2004, France has used the European Arrest Warrant (EOA), which simplifies and speeds up the extradition process between EU Member States. The EOA is based on the principle of mutual recognition of judicial decisions and takes precedence over traditional extradition procedures.
France does not extradite its own citizens, except in special circumstances stipulated in European agreements, such as the European Arrest Warrant (EAW).
Extradition agreements with France
France actively participates in international processes to combat crime, concluding extradition agreements with various countries. Such agreements provide a legal basis for the transfer of persons suspected of or convicted of crimes.
France has extradition agreements with the following countries:
- Germany
- Spain
- Italy
- Belgium
- Netherlands
- USA
- Canada
- Australia
- New Zealand
- Morocco
- Tunisia
- Senegal
- Algeria
- India
- Thailand
- South Korea
- Switzerland
- Norway
- Iceland
- Brazil
It is also worth noting that with all EU countries the extradition procedure is regulated by the European Arrest Warrant.
Extradition from France to the USA
Extradition between France and the United States is governed by the Treaty on the Reciprocal Surrender of Accused Persons in Criminal Cases, signed in 1996. The treaty sets out the legal framework for the surrender of accused persons, the requirements and conditions that must be met by both parties.
The act for which the person is wanted must be considered a crime in both France and the United States. France also does not extradite persons if they face the death penalty. In the United States, the death penalty is a legal punishment in 27 states. Therefore, the state must provide guarantees that this punishment will be replaced by life imprisonment.
An extradition request begins with the submission of an official request by the United States through diplomatic channels to the French authorities. The French judicial system then evaluates the request, checking its compliance with both French law and international obligations. The courts, as well as the French Ministry of Justice, are involved in the process.
Contact our law firm if you need assistance with extradition from France to the United States. We will offer you professional advice and an effective strategy for protecting your interests.
Extradition from France to Canada
A formal agreement on mutual extradition between France and Canada was signed in 1988. Extradition procedures between these countries are also regulated by the European Convention on Extradition (for France) and Canada’s national extradition laws. France and Canada do not extradite individuals for political crimes. The exception is terrorism-related crimes. Both countries have signed and adhere to the European Convention on Human Rights and the International Covenant on Civil and Political Rights. This means that extradition may be refused if there is a risk of human rights violations, including torture, inhuman treatment or an unfair trial.
How can Interpol lawyers help you?
Working with international legal cases requires professional legal support. Our team of Interpol lawyers has vast experience and expertise, which will allow us not only to challenge the extradition request, but also to minimize the possible consequences in the event of a red notice. We offer a wide range of services to protect the rights and interests of clients at the international level:
- Legal advice on international law issues;
- Challenging Interpol red notices;
- Challenging extradition requests;
- Analyzing the risk of falling under international sanctions;
- Legal protection in case of a threat of arrest abroad;
- Assistance in negotiations with government and international organizations.
We will offer professional solutions and develop an effective defense strategy to minimize all possible legal risks. Contact us for advice and support in international matters.