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916 KB
Extraction Summary
2
People
3
Organizations
5
Locations
3
Events
2
Relationships
4
Quotes
Document Information
Type:
Legal document
File Size:
916 KB
Summary
This legal document, authored by French lawyer William Julié on December 18, 2020, is a response to a US government memorandum concerning a defendant's release. Julié argues that the US government's reliance on a letter from the French Minister of Justice is misplaced, as it selectively quotes French law while ignoring the supremacy of international extradition treaties under the French Constitution. The core argument is that the extradition treaty between the USA and France should govern the case, not the specific article of the French criminal code cited by the Minister.
People (2)
| Name | Role | Context |
|---|---|---|
| WILLIAM JULIÉ | AVOCAT À LA COUR |
Author of the document, providing a legal analysis on French extradition law.
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| French Minister of Justice | Minister of Justice |
Author of a letter dated 11 December 2020, which is being analyzed and contested in this document.
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Organizations (3)
| Name | Type | Context |
|---|---|---|
| French Ministry of Justice | Government agency |
Published an administrative circular on 11 March 2004 regarding extradition provisions. The Minister of Justice is th...
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| United States government | Government agency |
The recipient of this response, which relies on the French Minister of Justice's letter to argue against extradition.
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| European Union | International organization |
Mentioned in the context of extradition treaties with the USA and the French government's policy on extraditing citiz...
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Timeline (3 events)
2004-03-11
The French Ministry of Justice published an administrative circular specifying how amended legal provisions regarding extradition should be applied.
France
2020-12-11
The French Minister of Justice issued a letter regarding France's extradition laws.
France
2020-12-18
William Julié wrote a response to the US government's memorandum regarding a defendant's motion for release.
Paris
Locations (5)
| Location | Context |
|---|---|
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Location where the document was written, as indicated in the dateline.
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The country to which extradition is being considered. Mentioned as a party to an extradition treaty with France.
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The country whose extradition laws and constitution are the central subject of the document.
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Abbreviation for the United States, mentioned in the context of extradition treaties with France and the European Union.
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Address listed in the footer of the document, likely for William Julié's law practice.
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Relationships (2)
Julié is writing a response on behalf of the 'defendant's renewed motion for release'.
Julié is writing a 'Response to the government's memorandum in opposition', indicating he is arguing against the government's legal position.
Key Quotes (4)
"any person not having French nationality"Source
— Article 696-2 of the French Code of Criminal Procedure
(Quoted in the letter from the French Minister of Justice to support the argument that France can only extradite non-nationals.)
DOJ-OGR-00002223(1).jpg
Quote #1
"In the absence of an international agreement stipulating otherwise, the conditions, procedure and effects of extradition shall be determined by the provisions of this chapter¹. These provisions shall also apply to matters which would not have been regulated by international conventions"Source
— Article 696 of the French Code of Criminal Procedure
(Cited by William Julié to argue that national extradition laws only apply when no international agreement exists.)
DOJ-OGR-00002223(1).jpg
Quote #2
"Treaties or agreements that have been duly ratified or approved have, upon their publication, an authority superior to that of laws, subject, for each agreement or treaty, to its application by the other party"Source
— Article 55 of the French Constitution
(Cited by William Julié to argue that international treaties, like the extradition treaty with the USA, prevail over French national law.)
DOJ-OGR-00002223(1).jpg
Quote #3
"Article 696 of the Code of Criminal Procedure reaffirms this principle of"Source
— Administrative circular of 11 March 2004
(Quoted to show that an administrative circular from the French Ministry of Justice supports the principle that international agreements prevail.)
DOJ-OGR-00002223(1).jpg
Quote #4
Full Extracted Text
Complete text extracted from the document (3,055 characters)
Case 1:20-cr-00330-AJN Document 103-1 Filed 12/23/20 Page 2 of 4
WILLIAM JULIÉ
AVOCAT À LA COUR
AVOCAT À LA COUR
December 18, 2020, Paris.
Response to the government's memorandum in opposition to the defendant's renewed motion for release.
I was asked to review the United States government's memorandum and notably pages 15 to 17 alongside the French Minister of Justice's letter dated 11 December 2020 produced as Exhibit B to this memorandum.
1 The French Minister of Justice's letter (Exhibit B)
The letter of the French Minister of Justice, on which the US government relies to argue that the French government does not extradite its citizens outside the European Union and thus to the United States, quotes Article 696-2 of the French Code of Criminal Procedure, which provides that France can extradite "any person not having French nationality".
It remains unclear whether the author of such letter had actually access to my opinion which is not even quoted, and more generally it seems the letter responds to a question which unexpectedly was not disclosed.
The letter fails to mention, however, that Article 696 of the same Code provides that provisions of the French Code of Criminal Procedure on the conditions of extradition apply in the absence of an international agreement providing otherwise (Article 696 of the French Code of Criminal Procedure: "In the absence of an international agreement stipulating otherwise, the conditions, procedure and effects of extradition shall be determined by the provisions of this chapter¹. These provisions shall also apply to matters which would not have been regulated by international conventions"). The provisions of Article 696 of the French Code of Criminal Procedure are a reminder that under Article 55 of the French Constitution, international agreements prevail over national legislation (Article 55 of the French Constitution: "Treaties or agreements that have been duly ratified or approved have, upon their publication, an authority superior to that of laws, subject, for each agreement or treaty, to its application by the other party"). It follows from these provisions that the key question is whether France may extradite a French national under the Extradition Treaty between the USA and France and/or under the Extradition Treaty between the European Union and the USA, not whether France extradites its citizens under French legislation.
In accordance with this French constitutional rule, the administrative circular of 11 March 2004, published by the French Ministry of Justice, which aims at specifying how the then recently amended legal provisions regarding extradition should apply and be understood, states the following: "Article 696 of the Code of Criminal Procedure reaffirms this principle of
¹ The relevant chapter includes Articles 696-1 to Article 696-47-1 of the French Code of Criminal Procedure, and thus includes Article 696-2.
51, RUE AMPÈRE - 75017 PARIS - TÉL. 01 88 33 51 80 - FAX. 01 88 33 51 81
wj@wjavocats.com - www.wjavocats.com - PALAIS C 1652
wj@wjavocats.com - www.wjavocats.com - PALAIS C 1652
DOJ-OGR-00002223
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