DOJ-OGR-00020101.jpg
651 KB
Extraction Summary
2
People
6
Organizations
4
Locations
1
Events
2
Relationships
2
Quotes
Document Information
Type:
Letter
File Size:
651 KB
Summary
This letter from the French Ministry of Justice, dated December 11, 2020, is addressed to the U.S. Department of Justice. It explains that French law strictly prohibits the extradition of individuals who were French nationals at the time of the alleged crime, including those with dual nationality. The letter contrasts this with the legal systems of Anglo-Saxon countries like the United States and states that when France refuses extradition on grounds of nationality, it applies the principle of 'aut tradere, aut judicar' (either extradite or prosecute).
People (2)
| Name | Role | Context |
|---|---|---|
| Mr. Keeper of the Seals, Minister of Justice | Minister of Justice |
Addressed in the letter's salutation.
|
| Andrew FINKELMAN | Liaison Magistrate |
The letter is sent through him, at the Embassy of the United States of America in Paris.
|
Organizations (6)
| Name | Type | Context |
|---|---|---|
| MINISTRY OF JUSTICE | government agency |
The sending organization, part of the French government.
|
| Directorate of Criminal Affairs and Pardons | government agency |
A department within the French Ministry of Justice, authoring the letter.
|
| Specialized Criminal Justice Sub-Directorate | government agency |
A sub-department within the Directorate of Criminal Affairs and Pardons.
|
| Office for the International Mutual Assistance in Criminal Matters | government agency |
The specific office within the French Ministry of Justice sending the letter.
|
| Department of Justice (DOJ) | government agency |
The recipient of the letter, a U.S. government agency.
|
| Embassy of the United States of America in Paris | government agency |
The location where Andrew FINKELMAN, the Liaison Magistrate, is based.
|
Timeline (1 events)
2020-12-11
The French Ministry of Justice sent a letter to the U.S. Department of Justice explaining its national policy on extradition.
Paris, France
Locations (4)
| Location | Context |
|---|---|
|
The city where the letter was written and where the U.S. Embassy is located.
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The country whose legal system and extradition policies are being described.
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The country whose Department of Justice is the recipient of the letter and whose legal system is contrasted with Fran...
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The address of the French Ministry of Justice.
|
Relationships (2)
French Ministry of Justice
→
professional
→
U.S. Department of Justice
This letter is an official communication between the two government agencies regarding international legal cooperation on extradition matters.
He serves as the Liaison Magistrate, facilitating communication between the French and U.S. justice departments.
Key Quotes (2)
"any person not having French nationality,"Source
— Article 696-2 of the French Code of Criminal Procedure
(Quoted to explain the basis of France's extradition law, which allows extradition only for non-nationals.)
DOJ-OGR-00020101.jpg
Quote #1
"aut tradere, aut judicar"Source
— Legal Principle
(A principle cited to explain that when France refuses to extradite a national, it must then judge the person in its own courts.)
DOJ-OGR-00020101.jpg
Quote #2
Full Extracted Text
Complete text extracted from the document (1,993 characters)
Case 1:20-cr-00330-AJN Document 1002-2 Filed 05/18/20 Page 3 of 4
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MINISTRY
OF JUSTICE
Liberty
Equality
Fraternity
MINISTRY
OF JUSTICE
Liberty
Equality
Fraternity
Directorate of Criminal Affairs and Pardons
Specialized Criminal Justice Sub-Directorate
Office for the International Mutual Assistance in Criminal Matters
Office for the International Mutual Assistance in Criminal Matters
Paris, December 11, 2020
Mr. Keeper of the Seals, Minister of Justice
to
Department of Justice (DOJ)
Through Andrew FINKELMAN, Liaison Magistrate
Embassy of the United States of America in Paris
Embassy of the United States of America in Paris
I have the honor to inform you that Article 696-2 of the French Code of Criminal Procedure provides that France can extradite "any person not having French nationality," it being specified that nationality is assessed on the day of the commission of the acts for which extradition is requested (Article 696-4 1°).
The French Code of Criminal Procedure therefore absolutely prohibits the extradition of a person who had French nationality at the time of the commission of the acts for which extradition is requested.
The penal law being of strict interpretation, there is no reason to discriminate between nationals and binationals. From the moment they were French at the time of the facts, the person claimed is inextradible, regardless of whether they hold one or more nationalities.
When the refusal to extradite is based on the nationality of the requested person, France applies the principle "aut tradere, aut judicar" according to which the State which refuses the surrender must judge the person. Thus, Article 113-6 of the Penal Code gives competence to the French courts to judge acts committed abroad by a person of French nationality.
Some countries, generally under Anglo-Saxon law, agree to extradite their nationals and, at the same time, have no jurisdiction to judge acts committed by their nationals on foreign territory. This is particularly the case of the United States of America.
13, place Vendôme - 75042 Paris Cedex 01
Telephone: 01 44 77 60 60
www.justice-gouv.fr
Telephone: 01 44 77 60 60
www.justice-gouv.fr
DOJ-OGR-00020101
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