This document is a formal letter from the French Ministry of Justice to the U.S. Department of Justice, dated March 9, 2021. It clarifies French legal provisions (Articles 696 et sq., 696-2, and 694-4 of the Code of Criminal Procedure) regarding the removal of individuals. The letter emphasizes that removal is not granted for individuals who possess French citizenship at the time of the offense, making their French nationality an "insuperable obstacle" to removal.
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).
This document is a legal memorandum authored by French attorney William Julié on March 14, 2021, filed in the US case against Ghislaine Maxwell. It provides a legal opinion countering the French Ministry of Justice's stance, arguing that if Maxwell were to renounce her French citizenship (which she stated she is prepared to do), the French government would be legally entitled to extradite her to the US. The memo specifically refutes a March 9, 2021 letter from Philippe Jaeglé of the French Ministry of Justice regarding the non-extradition of nationals.
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