DOJ-OGR-00002134.jpg
810 KB
Extraction Summary
2
People
3
Organizations
5
Locations
4
Events
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Relationships
1
Quotes
Document Information
Type:
Legal document
File Size:
810 KB
Summary
This legal document, filed on December 14, 2020, by attorney William Julié, outlines the fourth stage of the French extradition process. It details the procedure when a requested person consents to extradition, referencing specific articles of the French Code of Criminal Procedure and international agreements, such as the extradition treaty between the EU and the USA. The document explains how consent allows for a simplified and expedited surrender, including a potential waiver of the rule of specialty.
People (2)
| Name | Role | Context |
|---|---|---|
| William JULIÉ | avocat à la cour – attorney at law |
Appears in the header of the document as the attorney.
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| Prosecutor General | Prosecutor General |
Mentioned as the official to whom a requested person declares their consent (or lack thereof) to extradition.
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Organizations (3)
| Name | Type | Context |
|---|---|---|
| Investigating Chamber of the Court of appeal | government agency |
The judicial body that decides on extradition cases in France, as described in the document.
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| European Union | government agency |
Party to the Agreement on Extradition with the USA, cited in Article 11.
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| wj avocats | company |
Inferred from the website (www.wjavocats.com) and email (wj@wjavocats.com) in the footer, likely the law firm of Will...
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Timeline (4 events)
2003-06-25
Signing of the Agreement on Extradition between the European Union and the USA.
Locations (5)
| Location | Context |
|---|---|
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Mentioned as a party to the Agreement on Extradition with the European Union and an Extradition Treaty with France.
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The legal system described is French (French Code of Criminal Procedure), and it is a party to an Extradition Treaty ...
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Mentioned as the location where the Extradition Treaty between the USA and France was signed, and also in the address...
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Mentioned as the location where the Instrument Amending the Treaty between the United States of America and France wa...
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The address listed in the footer for the law firm.
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Key Quotes (1)
"if the person sought consents to be surrendered to the requesting State, the requested State may, in accordance with the principles and procedures provided for under its legal system, surrender the person as expeditiously as possible without further proceedings. The consent of the person sought may include agreement to waiver of protection of the rule of specialty"Source
— Article 11 of the Agreement on Extradition between the European Union and the USA of 25 June 2003
(Quoted in paragraph 21 to explain the basis for simplified extradition procedures when the requested person consents.)
DOJ-OGR-00002134.jpg
Quote #1
Full Extracted Text
Complete text extracted from the document (2,736 characters)
Case 1:20-cr-00330-AJN Document 97-22 Filed 12/14/20 Page 10 of 30
William JULIÉ
avocat à la cour – attorney at law
avocat à la cour – attorney at law
appealed before the Investigating Chamber of the Court of appeal, by the Prosecutor General or the requested person.
D. Fourth stage: Decision of the Investigating Chamber of the competent Court of appeal
18. Once the requested person has declared to the Prosecutor General whether he consents or not to extradition, the Investigating Chamber is immediately seized of the case. This phase varies depending on whether the requested person consents to extradition.
19. If the requested person has declared to the Prosecutor General that he or she consents to extradition, Article 696-13 of the French Code of Criminal Procedure provides that he or she must appear before the Investigating Chamber within 5 working days from the date of presentation before the Prosecutor General. The same provision states that the requested person may also decide to waive the rule of specialty before the Prosecutor General.
20. If, at this appearance, the requested person confirms his or her consent to be extradited and the legal conditions for extradition are fulfilled, the Investigating Chamber informs the person of the legal consequences of such consent and formally acknowledges this consent within 7 days from the date of appearance, unless additional investigations have been ordered⁹.
21. The rules of this simplified extradition procedure must be read in light of Article 11 of the Agreement on Extradition between the European Union and the USA of 25 June 2003 (“Simplified extradition procedures”), which states that “if the person sought consents to be surrendered to the requesting State, the requested State may, in accordance with the principles and procedures provided for under its legal system, surrender the person as expeditiously as possible without further proceedings. The consent of the person sought may include agreement to waiver of protection of the rule of specialty”¹⁰. This provision, together with Article 696-13 of the French Code of Criminal Procedure, demonstrates that extradition law is considerate of the requested
⁹ Article 696-14 of the French Code of Criminal Procedure.
¹⁰ Such Article 11 of the Agreement on Extradition between the European Union and the USA of 25 June 2003 has been directly incorporated in the Extradition Treaty between the USA and France signed in Paris on 23 April 1996 by the Instrument Amending the Treaty of 23 April 1996 between the United States of America and France signed in the Hague on 30 September 2004.
¹⁰ Such Article 11 of the Agreement on Extradition between the European Union and the USA of 25 June 2003 has been directly incorporated in the Extradition Treaty between the USA and France signed in Paris on 23 April 1996 by the Instrument Amending the Treaty of 23 April 1996 between the United States of America and France signed in the Hague on 30 September 2004.
51, rue Ampère - 75017 paris - tél. 01 88 33 51 80 – fax. 01 88 33 51 81 wj@wjavocats.com - 9
www.wjavocats.com - palais C1652
www.wjavocats.com - palais C1652
DOJ-OGR-00002134
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