DOJ-OGR-00002223.jpg
916 KB
Extraction Summary
2
People
4
Organizations
5
Locations
4
Events
2
Relationships
3
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 regarding a defendant's motion for release. Julié refutes the US government's interpretation of a letter from the French Minister of Justice, arguing that their analysis of French extradition law is incomplete. He asserts that under the French Constitution (Article 55) and the Code of Criminal Procedure (Article 696), international treaties—such as the extradition treaty between the US and France—prevail over domestic law, meaning the key issue is the treaty's terms, not general French legislation.
People (2)
| Name | Role | Context |
|---|---|---|
| WILLIAM JULIÉ | AVOCAT À LA COUR (Lawyer at the Court) |
Author of the document, providing a legal analysis.
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| French Minister of Justice | Minister of Justice |
Author of a letter dated 11 December 2020, which is being analyzed in this document.
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Organizations (4)
| Name | Type | Context |
|---|---|---|
| United States government | government agency |
Mentioned as the recipient of the French Minister of Justice's letter and the author of a memorandum that this docume...
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| French Ministry of Justice | government agency |
The government body that the French Minister of Justice represents and which published an administrative circular in ...
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| European Union | international organization |
Mentioned in the context of extradition treaties and policies.
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| wjavocats.com | company |
Listed in the footer, likely the law firm of William Julié.
|
Timeline (4 events)
2004-03-11
The French Ministry of Justice published an administrative circular regarding extradition provisions.
France
2020-12-11
The French Minister of Justice wrote a letter regarding France's extradition policy.
France
2020-12-18
William Julié wrote a response to the US government's memorandum concerning extradition.
Paris
2020-12-23
Document 103-1 was filed in Case 1:20-cr-00330-AJN.
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Locations (5)
| Location | Context |
|---|---|
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Location where the document was written, mentioned in the dateline and address.
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Mentioned as a party in an extradition treaty with France and the European Union.
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The country whose laws (Code of Criminal Procedure, Constitution) and extradition policies are being discussed.
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Address listed in the footer for William Julié's law firm.
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Part of the address in the footer, likely an office location.
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Relationships (2)
William Julié is writing a response to a government memorandum in a case involving a 'defendant's renewed motion for release', implying he is acting as legal counsel or an expert for the defense.
The document discusses the 'Extradition Treaty between the USA and France', indicating a formal legal relationship governing the extradition of individuals between the two countries.
Key Quotes (3)
"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 define who France can extradite.)
DOJ-OGR-00002223.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 international agreements take precedence over the domestic code provisions mentioned by the US government.)
DOJ-OGR-00002223.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 support the argument that international treaties, such as the extradition treaty with the US, prevail over national legislation.)
DOJ-OGR-00002223.jpg
Quote #3
Full Extracted Text
Complete text extracted from the document (3,054 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 C1652
wj@wjavocats.com - www.wjavocats.com - PALAIS C1652
DOJ-OGR-00002223
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