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Document DOJ-OGR-00020171

AI Analysis

Summary: The letter from the French Ministry of Justice explains that under French law, an individual's French nationality at the time of an offense is a barrier to extradition. It references specific articles of the French Code of Criminal Procedure that govern removal proceedings. The letter is addressed to the U.S. Department of Justice through a liaison magistrate at the U.S. Embassy in Paris.
Significance: This document clarifies French law regarding extradition, specifically the conditions under which France will or will not extradite individuals to other countries, highlighting the importance of nationality at the time of the offense.
Key Topics: Extradition proceedings in France Conditions for removal of individuals under French law Relevance of nationality in extradition cases
Key People:
  • Philippe AEGLE - Head of the International Criminal Assistance Bureau
  • Andrew FINKELMAN - Liaison Magistrate on behalf of the Embassy of the United States of America
Document Type
Letter
Date
March 9, 2021
Pages
1
Folder
IMAGES007
Has Handwriting
Yes

Full Text

MINISTRY OF JUSTICE Liberty Equality Fraternity Directorate of Criminal Affairs & Pardons Specialized Criminal Justice Sub-Directorate International Criminal Assistance Bureau Paris, March 9, 2021 His Honor the Keeper of Seals, Minister of Justice To the Department of Justice (D.O.J) Through Andrew FINKELMAN, Liaison Magistrate on behalf of the Embassy of the United States of America located in Paris, France I hereby inform you that in France, all removal proceedings and conditions are governed by Articles 696 et sq. of the Code of Criminal Procedure. Article 696-2 of said Code provides that: "The French government is able to remit to foreign governments upon their request any individual who is not a French citizen and who is subject to a lawsuit brought on behalf of the requesting State, or who is subject to a sentence passed by the Court of said requesting State, and who is located on the territory of the French Republic." Article 694-4 expressly specifies as follows: "Removal is not granted: 1- When the individual claimed to have French citizenship, said citizenship having been assessed at the time of the offense on the basis of which removal is being requested." WHEREBY, the fact that the wanted individual is a French national constitutes an insuperable obstacle to his/her removal. As long as said nationality is assessed at the time the offense was committed, any loss of nationality subsequent to said offense has no bearing upon the removal proceedings and shall not supersede said assessment of nationality. Head of the International Criminal Assistance Bureau Philippe AEGLE 13, place Vendôme - 75042 Paris Cedex 01 - France Telephone: (011) 33.1.44.77.60.60 www.justice.gouv.fr DOJ-OGR-00020171