DOJ-OGR-00002795.jpg
696 KB
Extraction Summary
2
People
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Organizations
1
Locations
0
Events
1
Relationships
4
Quotes
Document Information
Type:
Legal filing / court document (opinion on foreign law)
File Size:
696 KB
Summary
This page is an excerpt from a legal filing by French attorney William Julié in the case United States v. Ghislaine Maxwell (Case 1:20-cr-00330-PAE). The text argues that French laws prohibiting the extradition of French nationals should be interpreted strictly and should not apply to individuals who are no longer French nationals at the time of the request. It specifically cites Article 3 of the Treaty and Article 696-4 of the French Code of Criminal Procedure, arguing these laws are designed to prevent offenders from fraudulently acquiring citizenship to escape extradition.
People (2)
| Name | Role | Context |
|---|---|---|
| William Julié | Attorney at Law (Avocat à la Cour) |
Author of the legal opinion/document.
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| Ghislaine Maxwell | Defendant (Implied) |
The document is filed under Case 1:20-cr-00330-PAE, which is United States v. Ghislaine Maxwell. The text discusses e...
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Organizations (3)
| Name | Type | Context |
|---|---|---|
| William Julié Avocats |
Law firm producing the document.
|
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| The Ministry |
Likely the French Ministry of Justice, referenced regarding their interpretation of the law.
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| DOJ |
Department of Justice (referenced in Bates stamp DOJ-OGR-00002795).
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Locations (1)
| Location | Context |
|---|---|
|
Address of William Julié's law firm.
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Relationships (1)
Julié is providing legal arguments regarding French nationality laws in Maxwell's criminal case file.
Key Quotes (4)
"If the person is no longer a French national at the time of the request, the provision does not apply."Source
DOJ-OGR-00002795.jpg
Quote #1
"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."Source
DOJ-OGR-00002795.jpg
Quote #2
"Second, the Ministry’s interpretation goes against the spirit of the law"Source
DOJ-OGR-00002795.jpg
Quote #3
"...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."Source
DOJ-OGR-00002795.jpg
Quote #4
Full Extracted Text
Complete text extracted from the document (2,107 characters)
Case 1:20-cr-00330-PAE Document 171 Filed 03/23/21 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 C 1652
wj@wjavocats.com - www.wjavocats.com - PALAIS C 1652
DOJ-OGR-00002795
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