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Extraction Summary
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People
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Organizations
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Locations
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Document Information
Type:
Legal document
File Size:
706 KB
Summary
This document is a page from a legal brief authored by attorney William Julié, filed on May 23, 2021. The brief argues that under French law, the prohibition on extraditing nationals should only apply to individuals who are French citizens at the time of the extradition request, not to those who have lost their citizenship. This interpretation aims to prevent the fraudulent acquisition of nationality as a means to escape justice.
People (1)
| Name | Role | Context |
|---|---|---|
| WILLIAM JULIÉ | AVOCAT À LA COUR – ATTORNEY AT LAW |
Appears on the letterhead of the document, likely the author.
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Organizations (2)
| Name | Type | Context |
|---|---|---|
| Ministry | government agency |
Mentioned in point 14 as having an interpretation of the law that is being argued against.
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| wjavocats.com | company |
Website listed in the footer, likely the law firm of William Julié.
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Timeline (1 events)
Locations (3)
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Address listed in the footer of the document.
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City mentioned in the address in the footer.
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The context of the document revolves around French nationality, French law (French Code of Criminal Procedure), and a...
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Key Quotes (3)
"a person who is a national of the Requested State"Source
— French Code of Criminal Procedure (quoted)
(Quoted to emphasize the use of the present tense in the law regarding nationality for extradition.)
DOJ-OGR-00001269.jpg
Quote #1
"the person claimed has French nationality"Source
— French Code of Criminal Procedure (quoted)
(Quoted to emphasize the use of the present tense in the law regarding nationality for extradition.)
DOJ-OGR-00001269.jpg
Quote #2
"nationality shall be assessed at the time of the offence for which extradition is requested"Source
— unspecified rule
(Quoted in point 16 to explain the purpose of the rule is to prevent individuals from acquiring French nationality after committing a crime to avoid extradition.)
DOJ-OGR-00001269.jpg
Quote #3
Full Extracted Text
Complete text extracted from the document (2,102 characters)
Case: 20-cr-70033-A-JHT Document 1702 Filed 05/23/21 Page 15 of 18
WILLIAM JULIÉ
AVOCAT À LA COUR – ATTORNEY AT LAW
AVOCAT À LA COUR – ATTORNEY AT LAW
Criminal Procedure use the present tense (“a person who is a national of the Requested State”/”the person claimed has French nationality”), which can only mean that the extradition of a person is denied when that person is in fact a French national. If the person is no longer a French national at the time of the request, the provision does not apply.
12. Had these provisions been intended to apply in cases where the person has lost French nationality subsequent to the commission of the alleged crime, the texts would have expressly stated so or would at least have used both the present and the past tense to qualify the national affiliation of the requested person.
13. Furthermore, it is a well-known principle of legal interpretation across all jurisdictions that exceptions to rules must be construed strictly. The nationality ban being an exception to extradition, it must be interpreted in a restrictive manner and its application to a person who is no longer a French national must be rejected.
14. Second, the Ministry’s interpretation goes against the spirit of the law
15. The literal reading of Article 3 of the Treaty and Article 696-4 of the French Code of Criminal Procedure is further supported by the fact that these provisions were in fact not intended to apply in cases where the person sought has lost French citizenship, but only in cases where that person has acquired French citizenship subsequent to the commission of the alleged crime.
16. In other words, the rule that “nationality shall be assessed at the time of the offence for which extradition is requested” seeks to deny the extension of the benefit of French nationality to persons who have acquired French nationality after committing an offence, in order to avoid fraudulent nationality applications of offenders seeking to escape extradition.
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51, RUE AMPÈRE - 75017 PARIS - TÉL. 01 88 33 51 80 – FAX. 01 88 33 51 81
wj@wjavocats.com - www.wjavocats.com - PALAIS C1652
wj@wjavocats.com - www.wjavocats.com - PALAIS C1652
DOJ-OGR-00001269
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